Dogs and Cats Code
AT LARGE: Either on or off the premises of the owner, and not under the control of the owner or a member of his immediate family either by leash, cord, chain or other similar device, or confined in an enclosure.
CAT: The common definition found in "Webster's Dictionary", second edition as applied to animals, shall apply.
CONFINED ON THE PREMISES: That condition in which a dog is securely and physically confined and restrained on and within the premises of the owner by means of walls, fences, ropes, chains, leashes or other devices of such strength and size as is physically required to prevent the same from leaving the premises.
DOG: Any member of the canine species, both male and female.
OWNER: Any person owning, keeping or harboring a dog or a cat. (Ord. 1130, 3-20-2000)
License and Registration Required:
All dogs kept, harbored or maintained by their owners in the city shall be licensed and registered if over two (2) months of age. Cats may be voluntarily licensed. Licenses shall be issued by the city clerk upon payment of a license tax in an amount established by a resolution adopted by the Burley city council for each dog or cat. If the animal is neutered the fee shall be reduced. Dogs or cats may receive a lifetime license provided that they have an embedded microchip meeting city specifications and upon payment of a lifetime license tax in an amount established by a resolution adopted by the Burley city council. The owner shall state at the time the application is made for such license and upon forms printed for such purpose, the owner's name and address, and the name, breed, color, and sex of each dog or cat owned or kept. The provisions of this section are not intended to apply to dogs or cats whose owners are nonresidents temporarily within the city, nor to the dogs or cats brought into the city for the purpose of participating in any animal shows, nor to "seeing eye" dogs properly trained to assist blind persons when such dogs are actually being used by such blind persons for the purpose of aiding them in going from place to place. (Ord. 1160, 5-7-2002)
Tag and Collar: Registration Date and Renewal; Penalties:
Upon the payment of a license fee the clerk shall issue to the owner a license certificate and a tag of a metallic, plastic or other similar substance for each dog or cat so licensed. The size and shape of the tag shall be as determined by the animal control supervisor1, and shall have stamped thereon the number corresponding with the number of the certificate. In case a tag is lost or destroyed, a duplicate will be issued by the clerk upon presentation of the receipt showing the payment of a license fee and the payment in an amount established by a resolution adopted by the Burley city council for each such duplicate. The dog or cat tags shall not be transferable from one dog or cat to another and no refund will be made on any license issued because of death of the dog or cat or the owner's leaving the city. The tag must be affixed to a collar on the dog's neck at all times. Display of cat tags shall be in the discretion of the owner. Licenses shall be purchased when a dog is two (2) months of age and shall be purchased annually prior to January 1. Licenses shall expire December 31 of each year. If a dog license is not purchased or renewed within thirty (30) days from the date required herein a penalty of twenty five dollars ($25.00) in addition to the license tax shall be imposed by the city clerk at the time of registration. It is the duty of the owner or keeper of the dog to prove the age of the dog and in cases where the animal control supervisor or officers cannot determine by examination the age of the dog, or absent competent proof to the contrary, all animals shall be presumed to be over two (2) months of age.
Any owner of a dog who fails to license his or her animal and/or display said license as set forth in section 10-3-2 of this chapter and this section shall, in addition to being required to purchase or renew a license and pay any applicable late penalty, be in violation of this code and shall be notified by a citation or notice of violation personally served or posted at the residence of the offender. The notification will require the owner of the dog to appear at the Burley city clerk's office on or before a date set forth on the notice. The owner may appear by mail or in person. At the time of appearance the owner may admit the violation and pay a fine of twenty five dollars ($25.00), to the city of Burley, as part of the administrative collection of animal control violation penalties, or may deny the violation. If the owner fails to appear, the owner of the dog shall be sent a written notice requiring appearance within a period of ten (10) days. Thereafter, any owner failing to report, or denying the violation, shall be charged with an infraction. If an infraction is charged, any owner violating said sections shall be guilty of an infraction and shall be punishable by a fine of fifty dollars ($50.00) excluding court costs and fees. All other violations of this chapter shall constitute a general misdemeanor as set forth in subsection 10-3-9I of this chapter. (Ord. 1275, 12-21-2010)
Dogs Running At Large Prohibited:
It shall be unlawful for the owner of any dog to knowingly or unknowingly allow such dog to be at large within the city, and it shall be unlawful for any dog to run at large within the city at any time. (Ord. 1130, 3-20-2000)
(A) Confinement; Capture; Surrender:
1. Animal control officers, all policemen of the city and such other persons as the mayor may designate are hereby directed to pick up all dogs found at large in violation of the provisions of this chapter and confine them in the animal shelter or at any other place that may be designated by the mayor.
2. Any property owner or lawful occupant of property, or the city of Burley acting through its employees, may deem any animal found on its premises a nuisance animal and may request the animal control officers of the city of Burley to trap the animal. Upon being trapped the animal shall be impounded by the city of Burley as hereinafter provided. All necessary measures may be used by authorized city employees to capture offending animals, including lethal measures if necessary for public safety. Neither the city nor its employees will be liable for injury to or death of an offending animal.
3. Any resident of the city of Burley may bring a dog or cat to the animal shelter to be impounded without charge, provided, the person shall complete a form provided by the animal control supervisor. The form, at a minimum, shall require an identification of the name and address of the person delivering the animal; the ownership of the animal, if known; the place and circumstances under which the animal came into the possession of the person and whether the animal was collared or tagged at the time taken into possession. (Ord. 1130, 3-20-2000)
(B) Impounding Fees:
1. Animal control officers shall charge a pick up fee in an amount established by a resolution adopted by the Burley city council per each animal apprehended and impounded by the officer or other person authorized to pick up and impound the same. Dogs or cats which are tagged in compliance with this chapter will not be charged a pick up fee for the first time impounded in any given calendar year provided, however, the animal shall still be subject to charges for the costs of sustenance as hereafter set forth. No dog or cat will be released by the animal control officer unless neutered or the owner provided an affidavit the animal is used for breeding.
2. At the cost of the city, the animal control supervisor and the animal control officers shall provide suitable and necessary sustenance for all animals picked up and impounded. In addition to the pick up charge, the animal control officers shall charge for the cost of sustenance of impounded animals in an amount established by a resolution adopted by the Burley city council.
Each fraction of a day an animal is impounded shall be considered a full day for computation of room and board costs.
3. The animal control officers shall not release any impounded animal to its owner until all pick up charges, room and board charges, and any required vaccination charges are paid in full, it is licensed, if required, and it has been vaccinated for rabies.
4. All proceeds from the pick up charges, sustenance charges or other charges shall be remitted to the city clerk by the animal control supervisor or officers and placed in the general fund of the city. (Ord. 1160, 5-7-2002)
(C) Enter Premises: The animal control supervisor and animal control officers, in the enforcement of the provisions of this chapter, are authorized to enter upon the premises of any person to take possession of any unlicensed, at large, fierce, dangerous or vicious dog or when in fresh pursuit of a dog at large at the time the dog goes onto private property. Entry into a private building or residence shall require permission of the property owner or lawful occupant. (Ord. 1130, 3-20-2000)
Sale And/Or Disposal of Impounded Animals:
(A) Any animal impounded by an animal control officer, other than an animal suspected of biting a person, may be sold, destroyed or otherwise disposed of by the city after three (3) working days after the time of its impoundment at the animal shelter in the event that the owner of such animal has failed to pay the pick up charge, the room and board charge and the veterinarian expense. If the dog or cat is tagged, the time provided in the preceding sentence, shall be four (4) working days.
(B) If an impounded dog or cat is displaying a tag or tags, the animal control officer shall make reasonable efforts to identify the owner thereof and to contact the owner following the impoundment to advise the owner of the impoundment of said dog or cat and to advise that the said dog or cat will be subject to be sold, destroyed or otherwise disposed of after the four (4) working days from its impoundment. Reasonable efforts shall be deemed to include, but not limited to, either a telephone call, a written notice, a combination of such two (2) methods or actual notice. If the efforts to locate the owner are not successful, the dog or cat shall be sold, destroyed or otherwise disposed of. If the dog or cat is not displaying any of the above described tags by which its owner can be identified, the animal control officers need not make any attempt to determine ownership and give any notice before the destruction or disposal of such impounded dog or cat. The city shall not be responsible for not contacting the owner under this section prior to disposal of the dog or cat.
(C) The method and manner of disposal or destruction of any impounded animal, not suspected of biting a person, shall be directed by the animal control supervisor in a humane manner. The humane manner shall be within the discretion of the animal control supervisor. (Ord. 1130, 3-20-2000)
In the case of any animal capable of carrying or transmitting rabies, or other disease that has bitten or otherwise injured a person, it shall be the duty of the animal control officer to impound the same for a period of fourteen (14) days at either the animal shelter or at a licensed veterinarian's hospital for the purpose of keeping the same under supervision, except in the case of an emergency when it is impossible to capture the animal, no animal suspected of being rabid or otherwise diseased shall be destroyed until such destruction is recommended by a licensed veterinarian or the animal control supervisor. If, in the opinion of the animal control supervisor, vaccination or consultation with a licensed veterinarian is required, all such charges of the licensed veterinarian shall be in addition to the charges elsewhere imposed in this chapter. (Ord. 1130, 3-20-2000)
Vicious Dogs and Cats:
A "vicious dog or cat" means a dog or cat disposed to attack persons or other animals or which acts in a manner which is threatening, fearsome or violently aggressive towards persons on public streets, sidewalks, parks or property or upon private property with the permission of the owner. It shall be unlawful to maintain or have any vicious dog or cat in the city of Burley. (Ord. 1130, 3-20-2000)
Unlawful and Prohibited Acts:
(A) Breaking Into Animal Shelter; Obstructing Officers And Equipment: It shall be unlawful and in violation of this chapter for any person to tamper with, break open, assist or advise directly or indirectly in the breaking open or tampering with the animal shelter or any equipment of the animal control department. No person shall hinder, delay or obstruct any person duly authorized to pick up, impound or keep any animal subject to being impounded under this chapter.
(B) Harboring Dogs And Cats Making Loud Noises: It shall be unlawful for any person to own, keep or harbor any dog or cat that causes annoyance or disturbance to any resident of the city by loud and frequent barking, howling and/or yelping, mewing or other similar loud or raucous sounds. Prosecutions under this subsection shall be made only upon the sworn written complaint filed by any person so annoyed or disturbed.
(C) Abandon Dog Or Cat: It shall be unlawful for the owner of any dog or cat to abandon or desert such dog or cat or to permit such dog or cat to become a stray. The animal control officers and other authorized persons shall impound any dog or cat that has been abandoned or deserted. Any dog or cat found at large and not wearing any tag or tags indicating proof of registration with the city shall be presumed to have been abandoned or deserted.
(D) Confinement To Premises: It shall be unlawful for any person to cause, permit, or allow a dog or dogs, owned, harbored, controlled, or kept by him or her to be restrained on the premises in which the dog or dogs are owned, harbored, controlled, or kept, by a leash or chain of sufficient length to enable the dog or dogs to go off of the premises in which the dog or dogs are owned, harbored, controlled or kept and onto adjacent or contiguous private or public property.
(E) Defecating By Dogs Or Cats: It shall be unlawful for any person owning or having the charge, care, custody or control of any dog or cat to permit it to defecate on any public property unless that person immediately and completely removes and properly disposes of the feces, or upon private property without consent of the owner.
(F) Offensive Odors And Conditions: It shall be unlawful for any person to maintain dogs or cats and to allow accumulations of feces, waste or debris resulting in odors or visual conditions offensive to neighboring private properties or persons lawfully upon public properties.
(G) Number Of Dogs Or Cats; Kennel: It shall be unlawful for any person to own, harbor or maintain numerous dogs or cats at a single premises in the city of Burley, under conditions substantially interfering with the rights of neighboring occupants to the quiet enjoyment of their property or to maintain a commercial kennel in the city of Burley, provided this subsection shall not apply to veterinary clinics at which a licensed veterinarian actively practices his profession. A commercial kennel shall refer to any person or business which cares for three (3) or more dogs at any one time, for a fee or consideration.
(H) Cemetery, Dog Limitations: It shall be unlawful for any person to take or allow a dog into a cemetery in the city of Burley unless it is confined in a vehicle.
(I) Penalty: Any violation of this chapter shall be a misdemeanor, punishable as provided by this code or by the statutes of the state of Idaho. (Ord. 1130, 3-20-2000)
Kennel License; Application; Kennel Restrictions; Penalties:
(A) Kennel License; Application: It is unlawful to keep, maintain or possess upon the premises of any one household more than five (5) canines two (2) months of age or older in an incorporated area of the city unless the owner, or person in charge thereof, first obtains a kennel license. Such kennel license shall only be permitted and issued in accordance with the terms and provisions of the city zoning ordinance; provided, however, that notice of any public hearing required on any application for a kennel license shall be mailed to all abutting property owners within the boundary line of an area determined by the intersection of lines drawn six hundred feet (600') at right angles out from and parallel to all sides of the tract whereupon such kennel is to be erected or maintained. Where dedicated street rights of way are encountered, they shall be included in establishing the six hundred foot (600') boundary line around the tract.
(B) License Fees: A kennel license shall be issued when the applicant pays the annual kennel license fee as established by the board plus the annual tag fee for each canine two (2) months of age or older to be kept in the kennel, provided the requirements established in this section have been fulfilled.
(C) Location: No kennel shall be established within one hundred fifty feet (150') of any dwelling house other than that of the kennel owner; provided, however, that a kennel license may be issued to establish a kennel within one hundred fifty feet (150') of a dwelling house other than that of the kennel owner upon consent of all property owners within three hundred feet (300') of the kennel.
(D) Condition; Noise: Said canine kennel shall be kept at all times in a clean and sanitary condition and the canines shall be reasonably restrained from annoying the neighborhood or the general public by loud, frequent, or habitual barking, yelping or howling.
(E) Penalties: Any violation of the provision of the requirements of this section shall constitute a misdemeanor. (Ord. 1275, 12-21-2010)