This chapter is passed to promote the health, safety and welfare of the residents and visitors of the city and to protect the properties of such persons by establishing a uniform and humane animal control ordinance. (Ord. 469 § 1, 1988)
6.04.020: ANIMALS RUNNING AT LARGE:
A. It is unlawful for any owner, possessor or person who keeps any animal to permit the same to run at large upon the private premises of others or upon the streets, alleys, sidewalks, highways, vacant lots, school grounds or other public places within the city.
B. An animal shall be deemed to be running at large when off or away from the premises of the owner, possessor, or keeper, and not under the immediate control of such owner, possessor, or keeper, or his or her agent or servant or a member of his or her immediate family, either by leash, cord, chain, or by verbal control of a person within ten feet (10') of such animal. This provision shall not apply to dogs working with livestock or to dogs engaged with their owner or handler in hunting or performing in field trials.
C. Violation of the provisions of this section is declared to be a nuisance and a menace to the public health and safety, and any animal which violates the provisions of this section shall be taken up and impounded as provided in this chapter. (Ord. 820 § 1, 1999: Ord. 469 § 2, 1988)
6.04.025: FEMALE IN HEAT PROHIBITED FROM RUNNING AT LARGE:
A. The owner of a female dog shall cause such dog, when in season, to be penned or enclosed in such manner as to preclude other dogs from attacking such female dog.
B. It is unlawful for the owner or person having possession, charge, custody or control of any female dog to cause, permit or allow the same to stray or run, or in any other manner be at large in or upon any street or sidewalk while such dog is in copulating season. If a female dog cannot be controlled by the owner during the copulating season, the female dog may be impounded by the animal control officer or any police officer. (Ord. 856 § 1, 2001: Ord. 469 § 7, 1988)
A. It is unlawful for any owner or other keeper of a dog or other animal to fail to exercise proper care and control of such animal to prevent it from becoming a public nuisance. A nuisance includes, but is not limited to, the following: 1) frequent, continuous or untimely barking; 2) molesting passersby; 3) chasing vehicles; 4) attacking other domestic animals; 5) trespassing upon public or private property in such a manner as to damage the property; 6) defecating on public or private property of another when the defecation is not immediately removed by the keeper of the animal; or 7) allowing any accumulation of animal feces in such a manner as to affect the health and quiet enjoyment of another person.
B. For the purposes of this section, "molesting" is defined as placing a person in fear of imminent physical injury without provocation, such fear being reasonable under the circumstances or when the animal shows a propensity to bite people.
C. It is unlawful for any owner or other keeper of an animal to fail to provide such animal with sufficient and wholesome food and water, proper shelter and protection to prevent discomfort, veterinary care when needed to prevent suffering, or humane care and treatment.
D. It is unlawful for any animal to ride or be parked in any vehicle unless restrained in such a fashion to prevent the animal from extending beyond the confines of the vehicle or from posing a danger to pedestrians.
E. It is unlawful for any person to carry an animal on any external part of a vehicle unless the animal is protected from falling from the vehicle.
F. It is unlawful for any owner, possessor or person who keeps any animal(s) to permit the same to be in or upon Atkinson park or Hemingway Elementary School property. (Ord. 967 § 1, 2006: Ord. 820 § 2, 1999: Ord. 469 § 3, 1988)
6.04.040: DANGEROUS ANIMALS:
A. Definitions: As used in this chapter:
DANGEROUS ANIMAL: 1. Any animal which, when not provoked, physically attacks, wounds, bites or otherwise injures or has inflicted a fatal or severe injury on a human being on public or private property; or
2. Any animal which has killed or maimed a domestic animal while off the owner's or keeper's property; or
3. Any animal which, on three (3) separate occasions within a twelve (12) month period, has been running at large as defined in section 6.04.020 of this chapter or has been impounded by a peace officer or an animal control officer for being unrestrained or uncontrolled off its owner's premises.
SEVERE INJURY: Any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
B. Impoundment: Any dangerous animal shall be immediately seized and securely impounded in a humane manner at the discretion of the animal control officer or peace officer either on the premises of the owner or keeper of the animal, or with a licensed veterinarian, or at the animal shelter, the Ketchum police department or any other location at which such animal may be impounded by a peace officer or an animal control officer.
C. Exemptions: No animal may be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a wilful trespass or other act of provocation upon the premises occupied by the owner or keeper of the animal under circumstances which made the animal's reaction reasonably foreseeable, or was teasing, tormenting, abusing or assaulting the animal or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the animal or was committing or attempting to commit a crime.
D. Prohibiting Dangerous Animals: It is unlawful for any person to own, possess or harbor any animal which committed acts that describe a dangerous animal.
1. The magistrate division shall conduct a determination hearing whenever there is cause to believe that an animal may be a "dangerous animal" as defined in subsection A of this section. Such hearing shall be conducted within ten (10) days after the court serves notice of the date, time and place of the determination hearing to the owner or the owner's agent bypersonal service or by certified letter. The ten (10) day notice may be extended, if necessary, by order of the court.
2. The magistrate division shall determine whether to declare the animal to be a dangerous animal based upon proof beyond a reasonable doubt and testimony presented at the time of the hearing.
3. The magistrate division shall issue written findings of fact and conclusions of law within five (5) days after the determination hearing. The magistrate may find that the animal is dangerous or not dangerous. If the magistrate finds the animal is not dangerous, the animal shall be returned to the owner or keeper of the animal. If the magistrate finds the animal is dangerous, the magistrate may order the return of the animal to the owner or keeper of the animal with or without certain restrictions or may order that the animal be put to death in a humane manner, after an appeal has been filed or after the time for an appeal has lapsed. The owner or possessor of the animal found to be dangerous by this hearing has the right to appeal the decision within three (3) days of receiving such decision to the district court for appeal.
4. Pending the outcome of the determination hearing, the animal must be securely confined in a humane manner either on the premises of the owner, or with a licensed veterinarian, or at the animal shelter, the Ketchum police department or any other location at which such animal may be impounded.
5. Regardless of the finding of the court, before an animal is returned to the owner or keeper of the animal, any returned dog must be licensed and any applicable impoundment fee must be paid in advance. If the court orders the return of any animal declared to be dangerous, the court may order the following:
a. While on the owner's property, a dangerous animal must be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure for a dog must have minimum dimensions of five feet by ten feet (5' x 10') and must have secure sides and a secure top. If it has no bottom secured to the sides, the sides must be embedded into the ground no less than two feet (2'). The enclosure must also provide protection from the elements for the animal.
b. The owner or keeper shall display a sign on his or her premises warning that there is a dangerous animal on the property. This sign shall be visible and capable of being read from the public highway or thoroughfare. In addition, the owner shall conspicuously display a sign with a symbol warning children of the presence of a dangerous animal.
c. A dangerous dog may be off the owner's premises if it is muzzled and restrained by a substantial chain or leash not exceeding six feet (6') in length and under the control of aresponsible person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but must prevent it from biting any person or animal.
d. The owner or keeper of a dangerous animal shall present to the animal control officer proof that the owner or keeper has procured liability insurance in the amount of at least one hundred thousand dollars ($100,000.00), covering the twelve (12) month period during which licensing is sought. This policy shall contain a provision requiring the city to be named as an additional insured for the sole purpose of the city being notified by the insurance company of any cancellation, termination or expiration of the policy.
e. The owner or keeper of the dangerous animal shall allow a peace officer or animal control officer to inspect the premises where the dangerous animal is located to ensure compliance with this chapter and any order of the court.
f. The dangerous animal cannot be offered for adoption at any time.
g. The dangerous animal shall be spayed or neutered, the cost of which will be borne by the owner or keeper of the dangerous animal.
h. The owner or keeper shall notify the animal control officer immediately if a dangerous animal is loose, unconfined, has attacked another animal or has attacked a human being or has died.
i. In the event the animal will be sold or given away, the owner or keeper, before transferring ownership, shall provide the animal control officer with the name, address and telephone number of the new owner, who must comply with the requirements of this chapter.
F. Imminent Danger: When, in the judgment of a peace officer or an animal control officer, it is determined that an animal should be destroyed for humane reasons or to protect the public from imminent danger to persons or property, such animal may be destroyed without regard to any time limitations otherwise established in this chapter and without court order. (Ord. 856 §§ 2, 3, 2001: Ord. 469 § 4, 1988)
6.04.050: AUTHORITY TO IMPOUND:
Any peace officer, animal control officer or any other person authorized by the city may seize and impound all dogs without collars bearing current licenses as required by this chapter, or any and all dogs or other animals found running at large upon the public streets, alleys or other public places or private premises without the permission of the owner of such premises, or any and all dangerous animals. (Ord. 469 § 5, 1988)
6.04.060: LAWFUL TO GO ON PREMISES:
Any peace officer or animal control officer is authorized to enter private property to take possession of and impound any animal whenever the peace officer or animal control officer is in fresh pursuit of an animal which is in violation of the provisions of this chapter at the time the animal enters onto private property. A peace officer may enter upon private property to seize an animal whenever there is probable cause to believe a threat to health and safety or a breach of the peace exists. Such a threat includes, but is not limited to, any of the following: loud and continuous barking, a female in heat attracting other animals, molesting passersby, a rabid or otherwise or when probable cause to seize an animal exists (curtilage only) molesting passersby. (Ord. 820 § 3, 1999: Ord. 469 § 6, 1988)
6.04.080: RABID ANIMALS QUARANTINED FOR OBSERVATION:
A. Any animal which is known to have bitten or injured any person so as to cause an abrasion of the skin, or any suspected rabid animal, shall be placed in confinement under observation and shall not be killed or released until at least ten (10) days after the onset of symptoms suggestive of rabies. The veterinary hospital or animal shelter, the Ketchum police department or any other location at which such animal may be impounded shall be the place for quarantine, unless the animal control officer approves of an alternative confinement and the animal had a current rabies vaccination as evidenced by a rabies vaccination certificate issued by a licensed veterinarian. In the event there is an alternative confinement, the owner or other keeper of the animal shall prohibit contact between humans or other animals and the quarantined animal. If the animal dies or has been killed, its head shall be removed and immediately taken to the state health laboratory to be examined for rabies.
B. In the event an animal bites or injures any person so as to cause an abrasion of the skin, the owner or keeper of the animal shall complete a bite report provided by the animal control officer. A copy of the bite report shall be distributed to the animal shelter, the Ketchum police department or any other location at which such animal may be impounded, the local health department, and the animal control officer.
C. No person shall fail, refuse or neglect to allow any official of the city to make an inspection or examination at any time during such period. No such dog or animal shall be removed from the place of quarantine without first being examined and released by a licensed veterinarian. Before any such animal is released, a licensed veterinarian must approve the animal's release in writing on a bite report or similar document. If the animal shall be determined free of rabies, the same shall be returned to the owner upon payment of a fee for keeping dogs impounded as statedin this chapter. No other fee shall be charged. If such fee is not paid, the dog or animal shall be subject to disposal as provided in section 6.04.150 of this chapter. (Ord. 469 § 8, 1988)
6.04.090: EXOTIC WILDLIFE:
A. It is unlawful for any person to own, possess or harbor within the corporate limits of the city any wildlife except as otherwise provided in this chapter. "Wildlife" means any form of animal life, either native or exotic, which normally lives in a state of nature. An "exotic wildlife animal" is defined as any wildlife species which does not live naturally in the farmlands or mountains of Idaho.
B. Upon application of the owner, the city of Ketchum police department may grant a special permit, allowing an individual to keep a wildlife pet upon his or her premises; provided, that: 1) the pet is not of the species with a propensity to attack or be dangerous to humans; 2) the owner, by affidavit, asserts that, to the best of his or her knowledge, the pet has never attacked or harmed a human or a domestic animal; 3) the pet is adequately confined to the satisfaction of the city of Ketchum police department, either within or upon the owner's premises and within an enclosed vehicle when transported.
C. Upon application, the city of Ketchum police department may grant a special permit allowing the temporary presence of native or exotic wildlife within the city when the presence of such animals within the city would occur as part of a circus, exhibit or other special event, and then, only upon satisfactory assurance to the city of Ketchum police department that public safety would not be jeopardized and that the animals would be treated humanely.
D. In the event that the owner of any prohibited animal fails or refuses to remove the animal from the city, the city of Ketchum police department or the animal control officer shall be authorized to remove the animal from the city or, if necessary, to destroy the animal where it poses a threat to human life or safety. (Ord. 469 § 9, 1988)
6.04.100: DOG LICENSING:
A. It is unlawful for any person to own, possess or harbor any dog within the corporate limits of the city without first obtaining and exhibiting a dog license as provided in this chapter.
B. Any person owning, possessing or harboring any dog shall obtain a license for such animal from an animal control officer or a person authorized to sell dog licenses after the dog reaches the age of six (6) months as determined by canine teeth, or within ten (10) days of the acquisition of a dog over six (6)months of age.
C. Each application for a dog license shall be accompanied by the prescribed license fee in an amount determined from time to time by resolution of the Ketchum city council and by a current rabies vaccination certificate obtained from a licensed veterinarian.
D. Dog licenses will be issued annually, with each license being effective between January 1 and December 31 for each calendar year. A dog license shall be renewed each and every year thereafter on or before January 1. Replacements for lost or destroyed tags shall be issued upon payment in an amount determined from time to time by resolution of the Ketchum city council to the animal control officer or a person authorized to sell dog licenses.
E. Any person who owns, possesses or harbors any dog within the corporate limits of the city is required to secure about the neck of such dog a durable collar with an attached license tag.
F. The provisions of this section shall not apply to any person visiting the city for a period not exceeding thirty (30) days, so long as the person owning, possessing or harboring a dog displays a current valid license issued by another municipality or other licensing authority and the person can display proof of current rabies vaccination from either a licensed veterinarian or an authorized animal control officer.
G. Any person or establishment who owns, possesses or harbors five (5) or more dogs during an entire calendar year shall be charged twenty dollars ($20.00) as an annual license fee, plus one dollar ($1.00) per dog for each annual license tag issued; such charges are in lieu of license fees as provided in this chapter.
H. Dog license tags are not transferable from one dog to another dog.
I. Nothing in this section shall be construed so as to exempt any dog from having a current rabies vaccination. (Ord. 469 § 10, 1988)
6.04.110: CRUELTY PROHIBITED AND PENALTIES:
It is unlawful for any person to maltreat or torture any animal or, having the right or authority to kill any animal, to kill such animal in an inhumane manner.
A. Any person convicted for a first violation of any of the provisions of this section shall be punished, for each offense, by a jail sentence of not more than six (6) months or by a fine of not less than one hundred dollars ($100.00) nor more than five thousand dollars ($5,000.00), or by both such fine and imprisonment, pursuant to Idaho Code section 25-3520A(1).
B. Except as provided in section 6.04.120 of this chapter, any person convicted of a second violation of any of the provisions of this section, within ten (10) years of the first conviction, shall be punished for each offense by a jail sentence of not more than nine (9) months or a fine of not less than two hundred dollars ($200.00) nor more than seven thousand dollars ($7,000.00), or both fine and imprisonment, pursuant to Idaho Code section 25-3520A(2).
C. Except as provided in section 6.04.120 of this chapter, any person convicted of a third or subsequent violation, within fifteen (15) years of the first conviction, shall be punished for each offense by a jail sentence of not more than twelve (12) months or a fine of not less than five hundred dollars ($500.00) nor more than nine thousand dollars ($9,000.00), or by both fine and imprisonment pursuant to Idaho Code section 25-3520A(3). (Ord. 820 § 4, 1999: Ord. 469 § 11, 1988)
6.04.120: UNLAWFUL TO POISON AND PENALTIES:
It is unlawful for any person or persons to administer or cause to be administered poison of any sort whatsoever to any animal, which is the property of another, or poison food where same is accessible to any dog or other animal. Any person or persons so offending shall be deemed guilty of a felony punishable by imprisonment in the state prison not exceeding three (3) years, or a misdemeanor punishable by imprisonment in the county jail not exceeding one year, and a fine of not less than one hundred dollars ($100.00) nor more than five thousand dollars ($5,000.00), pursuant to Idaho Code section 25-3503. (Ord. 820 § 5, 1999: Ord. 469 § 12, 1988)
6.04.130: DUTIES OF ANIMAL CONTROL OFFICERS AND POLICE DEPARTMENT:
It shall be the duty of the animal control officer and the city of Ketchum police department to carry out and enforce all the provisions of this chapter; to enforce the licensing and the control of dogs in the city as provided in this chapter; to file complaints in the magistrate court against any person, persons, firm or corporation failing to license any dog as provided in this chapter, or who otherwise fails to comply with any of the provisions of this chapter; to capture and secure all dogs found running at large contrary to the provisions of this chapter; to remove such dogs in a humane manner to the animal shelter, the Ketchum police department or any other location at which such animal may be impounded; and to hold dogs, as impounded, for a period of not less than five (5) days in a humane manner. (Ord. 469 § 13, 1988)
6.04.140: INTERFERING WITH OR OBSTRUCTING ANIMAL CONTROL OFFICER OR POLICE DEPARTMENT:
Any person who shall hinder, delay, interfere with or obstruct the animal control officer or any peace officer engaged in the capturing, securing or taking to the animal shelter, the Ketchum police department or any other location at which such animal may be impounded, any animal liable to be impounded, or who shall open or in any manner directly or indirectly aid, counsel or advise the opening of any cage in the animal shelter, the Ketchum police department or any other location at which such animal may be impounded; or an ambulance, wagon or other vehicle used for the collecting or conveying of animals to the animal shelter, the Ketchum police department or any other location at which such animal may be impounded, shall be deemed guilty of a misdemeanor. (Ord. 469 § 14, 1988)
6.04.150: REDEMPTION OF IMPOUNDED DOGS:
Any dog impounded may be reclaimed and taken from the animal shelter, the Ketchum police department or any other location at which such dog may be impounded, by the owner or any authorized person, so long as the impounded dog is currently licensed and the person reclaiming the impounded dog pays the person in charge of the animal shelter, the Ketchum police department or responsible person in charge of any other location reasonable capture, transport, and impound fees in an amount determined from time to time by resolution of the Ketchum city council. All impounded dogs not redeemed within five (5) days shall be offered for adoption by the animal shelter in an amount to be determined by the animal shelter, plus any required license fee. All dogs that are not adopted or redeemed within five (5) days, excluding weekends and holidays, may be destroyed in a humane manner. (Ord. 967 § 2, 2006: Ord. 469 § 15, 1988)
Except as provided in sections 6.04.040, 6.04.110, 6.04.120 and 6.04.140 of this chapter, any person violating any provision of this chapter is guilty of an infraction and shall be fined one hundred dollars ($100.00) or said fine as provided in Idaho Code, section 18-113A. (Ord. 856 § 4, 2001: Ord. 820 § 6, 1999: Ord. 469 § 16, 1988)