Loading...
12-1518 City Code Animal Control Ordinance UpdateCITY OF MERIDIAN ORDINANCE NO. `~ . BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING AND REPLACING CHAPTER 2, TITLE 6 OF THE MERIDIAN CITY CODE, RELATING TO ANIMAL CONTROL, INCLUDING DEFINITIONS; ANIMAL CONTROL OFFICER; CITY DOG POUND; ,CITY OF MERIDIAN DOG LICENSE; IMPOUNDMENT, RECLAMATION, AND RELINQUISHMENT OF DOGS; DECLARATION OF ABANDONMENT; DECLARATION OF VICIOUS DOG; LIVESTOCK HARBORED ON PRIVATE PROPERTY; PROHIBITED ACTS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian finds that it is in the best interest of the public health, safety, and welfare to establish regulations regarding animal control; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Title 6, Chapter 2 of the Meridian City Code is hereby repealed, and shall be replaced with language to read as follows: Title 6, Chapter 2: Animal Control 6-2-1: DEFINITIONS: As used in this chapter, the following terms shall be defined as in this section provided: A. 7-IN-1 VACCINE: An injection that vaccinates against distemper, parvovirus, parainfluenza, adeovirus, leptospira I, leptospira II, and coronavirus. B. ABANDONED ANIMAL: An animal that is impounded in accordance with the provisions of this chapter, and is: 1. Suffering from serious injury, rabies, or other serious disease; 2. Not wearing a legible license when it is impounded; 3. Voluntarily relinquished by its owner; or 4. Not reclaimed by its owner after five (5) working days of such impoundment, except that such time shall be tolled where the dog owner appeals a declaration that the dog is a vicious dog. C. ANIMAL: Any member of the animal kingdom, except members of the human race. D. CITY DOG POUND: The primary location at which dogs shall be impounded in accordance with the provisions of this chapter, as designated by the Chief of Police. ANIMAL CONTROL ORDINANCE UPDATE PAGE 1 OF 12 E. CRUELTY TO ANIMALS: The intentional and malicious infliction of pain, physical suffering, injury or death upon an animal, including, but not limited to: 1. Depriving of or failing to provide an animal with adequate food, water, shelter, and/or essential veterinary care. 2. Leaving an animal in one's possession, custody, control, or care unattended for more than thirty-six (36) hours. 3. Maliciously or cruelly killing, maiming, wounding, beating, mutilating, torturing, tormenting, overworking, or otherwise abusing any animal. 4. Allowing, arranging, or instigating a fight between two animals, or training one or more animals to fight other animals. 5. Malting accessible to any animal, by any means, with intent to cause harm or death, any substance that is poisonous, or that has, in any manner, been treated or prepared with any harmful or poisonous substance, except that this definition shall not include the lawful use of poisonous substances for the control of rodents and/or insects in furtherance of the public health; nor shall this definition include the lawful use of poisonous substances by a veterinarian or animal control officer for the purposes of euthanizing an animal. F. DOG: Any male or female member of the canine family. G. IMPOUND: To deliver a seized animal to the City dog pound. H. LIVESTOCK: Domesticated animals, traditionally kept for use or profit, which are housed outdoors and/or in outdoor enclosures such as pens, barns, barnyards, pastures, corrals, coops, sties, stables, or paddock areas. Livestoclt shall include, but is not limited to: horses, donlteys, mules, cattle, llamas, alpacas, swine, sheep, goats, rabbits, poultry, and/or domesticated birds, except that this definition shall not include chiclten hens. I. OWN: to be the owner thereof; or to keep, harbor, or possess; or to accept or maintain custody, control, or care thereof. J. OWNER: Any person owning, keeping, harboring, or possessing an animal, or accepting or maintaining custody, control, or care of an animal. K. SEIZE: To tape custody of an animal. L. VETERINARIAN: A doctor licensed to practice veterinary medicine in the state of Idaho. M. VICIOUS DOG: A dog declared by the Animal Control Officer to be a vicious dog. 6-2-2: ANIMAL CONTROL OFFICER; CITY DOG POUND: A. Animal control officer. The Chief of Police shall appoint one or more Animal Control Officer(s) who shall, under the direction of the Chief of Police, have the authority to enforce the provisions of this chapter. Additionally, the Animal Control Officer shall be authorized to: 1. Seize and impound dogs that are at large and unattended in City limits. ANIMAL CONTROL ORDINANCE UPDATE PAGE 2 OF 12 2. Seize impound, and euthanize dogs in accordance with the provisions of this chapter. 4. Remove and properly dispose of the carcass of any dead animal found in any public place. 5. Declare that a dog is abandoned; 6. Decide whether an abandoned dog shall be euthanized or made available for adoption. 7. Declare that a dog is a vicious dog. 8. Seize and impound vicious dogs in accordance with the provisions of this chapter, and euthanize same as authorized by this chapter. 9. Issue uniform citations for violations of this chapter. B. City dog pound. The Chief of Police shall designate a City dog pound. Such dog pound shall provide adequate physical accommodations, materials, and staffing to provide basic housing, feeding, watering, vaccination, and supervision of dogs impounded therein. 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 Clerlc, Meridian Police Department, 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; b. A valid rabies vaccination certificate issued by a licensed veterinarian within the previous year for a dog that was less than one (1) year old when vaccinated; or within the previous three (3) years for a dog that was one (1) or more years old when vaccinated; 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: (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 ANIMAL CONTROL ORDINANCE UPDATE PAGE 3 OF 12 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. 2. The City Clerlc, 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. 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. 6-2-4: IMPOUNDMENT, RECLAMATION, AND RELINQUISHMENT OF DOGS: A. Vaccination of impounded dogs. Upon impoundment of a seized dog, the Animal Control Officer shall administer to such dog a 7-in-1 vaccination. B. Notice of impoundment. Within two (2) working days of seizing a dog wearing a legible dog license, the Animal Control Officer shall serve or mail to the dog's owner at the licensed address notification that such dog has been impounded. Such notice of impoundment shall contain the following information: 1. Date and location of the dog's seizure; 2. Date and location of the dog's impoundment; 3. Hours and location at which the owner may reclaim ownership and take custody of such dog; 4. Fees that must be paid prior to reclaiming ownership and taking custody of such dog; ANIMAL CONTROL ORDINANCE UPDATE PAGE 4 OF 12 5. Notification that the Animal Control Officer shall declare such dog abandoned if not reclaimed within five (5) working days of its impoundment; 6. The date upon which such dog shall be declared abandoned if dog owner fails to reclaim and take custody prior thereto; and 7. Notification that upon declaration of abandonment, such dog shall be euthanized or made available for adoption. Notice of impoundment shall not be required where address of the dog's owner is unknown or where the whereabouts of the dog's owner are unknown. C. Reclamation of impounded dog. The owner of a dog that has been impounded may reclaim such dog by accomplishing the following within five (5) working days of such dog's impoundment: 1. Personally appearing at the location of such impoundment; 2. Paying in full all applicable fees per City fee schedule, including, but not limited to: 7-in-1 vaccination fee, impound fee, and/or daily boarding fee; 3. Paying in full all costs incurred by City to provide basic veterinary care to the impounded dog, upon presentation of an invoice for same; 4. Submitting complete application materials and fee for a City of Meridian dog license for such dog if the dog is not then licensed and the dog owner is a resident of Meridian; and 5. Taking physical custody of such dog. D. Relinquishment of living or dead dog. An Animal Control Officer shall, upon a dog owner's request and payment of fee established by fee schedule, take possession of any dog, living or dead, that is owned by such person. The Animal Control Officer may require proof of ownership before taking possession of a voluntarily relinquished dog. When a dead dog is voluntarily relinquished to an Animal Control Officer, the Animal Control Officer shall dispose of the dog. 6-2-5: DECLARATION OF ABANDONMENT: A. Declaration of abandonment. Animal Control Officers are authorized to declare that a dog is abandoned where such dog meets the definition thereof as set forth in this chapter. B. Effect of declaration of abandonment. Upon the Animal Control Officer's declaration that a dog is abandoned, such dog maybe euthanized or made available for adoption by any person. The decision to euthanize a dog or to make a dog available for adoption shall be made in the sole discretion of the chief of police or designee based on factors including, but not limited to, the health, disposition, behavior, and/or adoptability of the dog. ANIMAL CONTROL ORDINANCE UPDATE PAGE 5 OF 12 6-2-6: DECLARATION OF VICIOUS DOG: A. Declaration of vicious dog. The Animal Control Officer is authorized to declare that a dog is a vicious dog. 1. Any dog whose behavior or actions fall within one or more of the following maybe declared a vicious dog: a. 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 b. Any dog with a prior documented history, in any jurisdiction, of unprovoked attack or biting of persons or other domestic animals; or c. 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. 2. Except that: a. No dog maybe declared vicious if an injury or damage is sustained by a person who, at the time that such injury or damage was sustained: (1) was committing a willful trespass or other crime or tort upon the premises occupied by the owner of the dog, whether or not the dog's owner is present at the time of the 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 maybe 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, maybe declared vicious if the action that would be so defined by this definition, tools place while the dog was acting within its capacity for law enforcement purposes. B. Notice of declaration of vicious dog. Within two (2) working days of declaring a dog to be vicious, the Animal Control Officer shall serve or mail to the dog's owner, at the licensed address, written notification that such dog has been declared vicious. Such notice of declaration shall contain the following information: 1. Date of such declaration. 2. Facts supporting such declaration. 3. Notice of the right to appeal such decision as set forth in this section, including an explanation of the time within which, and process by which, such appeal may be made to the Chief of Police, and further including notice that if such appeal is not made, the decision of the Animal Control Officer shall be a final decision. 4. Notice that, fourteen (14) working days following entry of a final decision: a. If such dog is impounded, the vicious dog shall be euthanized; or b. If such dog is not impounded, the dog's owner shall either voluntarily relinquish the vicious dog to the City dog pound for euthanization, or remove the vicious dog from Meridian City limits. Unless appealed as set forth in this section, the decision of the Animal Control Officer declaring that a dog is a vicious dog shall be a final decision within five (5) working days from the date of the notice of declaration. ANIMAL CONTROL ORDINANCE UPDATE PAGE 6 OF 12 E. Appeal to Chief of Police. Appeal of the Animal Control Officer's declaration that a dog is vicious may be made by the dog's owner. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the Chief of Police via U.S. Mail within five (5) working days from the date of the notice of declaration. At the scheduled hearing, the chief or designee shall review the decision of the Animal Control Officer to declare the dog vicious. The dog owner shall be allowed to present any reasonable evidence to show cause for reversal of the Animal Control Officer's decision. The chief or designee may establish procedures and time limits for the hearing, but shall hear all reasonable evidence. Upon conclusion of the hearing, the chief or designee shall either affirm the decision of the Animal Control Officer that the dog is vicious, or reverse the decision. Within three (3) working days following the hearing, the chief or designee shall mail to the dog owner notice of his decision. Such notice of decision shall include: 1. Date of such decision. 2. Facts supporting such decision. 3. Notice of the right to appeal such decision as set forth in this section, including an explanation of the time within which, and process by which, such appeal may be made to the City Council, and further including notice that if such appeal is not made, the decision of the chief or designee shall be a final decision. 4. Notice that, fourteen (14) working days following entry of a final decision: a. If such dog is impounded, the vicious dog shall be euthanized; or b. If such dog is not impounded, the dog's owner shall either voluntarily relinquish the vicious dog to the City dog pound for euthanization, or remove the vicious dog from Meridian City limits. Unless appealed as set forth in this section, a decision of the chief or designee affirming the Animal Control Officer's declaration shall be a final decision seven (7) working days following the date of the chief s notice of decision. F. Appeal to City Council. Appeal of the chief s notice of decision affirming the Animal Control Officer's decision that a dog is vicious may be made by the dog's owner. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person within five (5) working days from the date of the chief's notice of decision. Upon receipt of such written appeal, the City Clerlc shall schedule a public hearing on the appeal at a City Council meeting within fourteen (14) days. City Council shall conduct a de novo review and may establish procedures and time limits for such hearing. Following such hearing, City Council shall either affirm or reverse the chief's or designee's decision. Within three (3) working days following the hearing, the City Clerlc shall mail to the dog owner written notice of City Council's decision. Such notice of decision shall include: 1. Date of such decision. 2. Facts supporting such decision. 3. Notice that, fouuteen (14) working days following notice of final decision: a. If such dog is impounded, the vicious dog shall be euthanized; or b. If such dog is not impounded, the dog's owner shall either voluntarily relinquish the vicious dog to the City dog pound for euthanization, or remove the vicious dog from Meridian City limits. ANIMAL CONTROL ORDINANCE UPDATE PAGE 7 OF 12 Upon mailing of such written notice, the City Council's decision on such appeal shall be a final decision. G. Final decision. Within fourteen (14) working days of a final decision that a dog is a vicious dog, whether such final decision is entered by the Animal Control Officer, the chief of police or designee, or City Council; 1. If such dog is impounded, the vicious dog shall be euthanized. 2. If such dog is not impounded, the dog's owner shall either voluntarily relinquish the vicious dog to the City dog pound for euthanization, or remove the vicious dog from Meridian City limits. 6-2-7: LIVESTOCK HARBORED ON PRIVATE PROPERTY: A. Stable refuse care. It shall be unlawful to allow stable refuse to accumulate in such a manner that it becomes unsightly and/or offensive to the smell. It is hereby required that such refuse be removed from the legal sanitary limits of the city at least once each week. B. Undue noises. It shall be unlawful to harbor or allow to remain within the corporate limits of the city any livestock which emits noises disturbing to residents of the city. C. Stock tight fences. It shall be unlawful to allow or maintain fences which are inadequate to keep livestock within the confines of the plot, lot or pasture where such livestock is normally harbored. 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. Barbing dog. It shall be unlawful for any dog owner to permit a dog owned by such person to bark, howl or otherwise create a disturbance. A violation of this section shall constitute a misdemeanor punishable by a fine of tluee hundred dollars ($300.00) and ninety (90) days jail. B. Cruelty to animals. It shall be unlawful for any person to commit cruelty to animals. A violation of this section 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 section. 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 owner. A violation of this section 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. 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 section shall ANIMAL CONTROL ORDINANCE UPDATE PAGE 8 OF 12 constitute an infraction punishable by a fine of twenty-five dollars ($25.00). A person's second violation of this section shall constitute an infraction punishable by a fine of fifty dollars ($50.00). A person's third violation of this section 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 section. 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 section shall constitute an infraction punishable by a fine of twenty-five dollars ($25.00). A person's second violation of this section shall constitute an infiaction punishable by a fine of fifty dollars ($50.00). A person's third violation of this section 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 section. 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 section. 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 section shall constitute a misdemeanor punishable by a fine of tluee h~mdred dollars ($300.00) and ninety (90) days jail. 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 section. The person raising such affirmative defense shall bear the burden of proof that such defense applies. A violation of this section 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 ANIMAL CONTROL ORDINANCE UPDATE PAGE 9 OF 12 charge of violation of this section 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 section shall constitute an infraction punishable by a fine of twenty-five dollars ($25.00). A person's second violation of this section shall constitute an infraction punishable by a fine of fifty dollars ($50.00). A person's third violation of this section 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 section shall constitute an infraction punishable by a fine often dollars ($10.00). K. 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 section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. L. 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 section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days j ail. M. 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 section 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 affirmative defense shall bear the burden of proof that such defense applies. A violation of this section shall constitute a misdemeanor punishable by a fine of three hmidred dollars ($300.00) and ninety (90) days jail. N. 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 section 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 iii violation of this section. O. 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 section shall constitute a misdemeanor punishable by a fine of one thousand dollars ($1,000.00) and one hundred and eighty (180) days jail. Additionally, ANIMAL CONTROL ORDINANCE UPDATE PAGE 10 OF 12 upon conviction, the court may authorize the animal control officer to seize, impound, and/or euthanize the dog giving rise to the violation. P. 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 section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. Q. Interference ~cs~ith 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 section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. R. 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 section shall constitute an infraction punishable by a fine of twenty-five dollars ($25.00). S. 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 section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. 6-2-9: SEVERABILITY: If any provision or section of this chapter shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this chapter, which shall remain in full force and effect. Section 2. That all ordinances, resohrtions, orders, or parts thereof or in conflict with this ordinance are hereby voided. PASSEll by the City Council of the City of Meridian, Idaho, this . '_ day of June, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of June, 2012. APPROVED: .'`r Tammy ~e Mayor/ eerd ATTEST: : ~ } ~cec lman v Clerlc ANIMAL CONTROL ORDINANCE UPDATE PAGE 11 OF 12 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 12- f _ AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING AND REPLACING CHAPTER 2, TITLE 6 OF THE MERIDIAN CITY CODE, RELATING TO ANIMAL CONTROL, INCLUDING DEFINITIONS; ANIMAL CONTROL OFFICER; CITY DOG POUND; CITY OF MERIDIAN DOG LICENSE; IMPOUNDMENT, RECLAMATION, AND RELINQUISHMENT OF DOGS; DECLARATION OF ABANDONMENT; DECLARATION OF VICIOUS DOG; LIVESTOCK HARBORED ON PRIVATE PROPERTY; PROHIBITED ACTS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. / - o~A~~nnu~u ~' S4 ~r P ~ ~ r. W Ci y of Mevi~ ~~ an ae ~,,. Mayor and City Council E IDIA.N.- ~ toaato By: Jaycee Holman, City Clerk °~F SEAI. ~`° 9T~Q ° t f b e T H E A500R'~D First Reading: p 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. 12- ~ ~ 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. 1 ~~ `~°"° 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 day of 2012. .~ ~ --~ William. L.M. Nary ~ City Attorney ANIMAL CONTROL ORDINANCE UPDATE PAGE 12 OF 12