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| As in most cities there are State and Local Law's
that regulate pets and animals. In an effort to answer any
questions that you have we have included our local laws and
ordinances in our website. The following is
a most current list of Mountain Home City Ordinances as it relates
to pets and other animals. While these codes are the most
recent, they are subject to change without notice; |
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City Ordinances for
Pets and Animals
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| Code |
Explanation of the code ... |
| 6-6-1 |
DEFINITIONS: As used in this Chapter, the following
terms mean:
ANIMAL SHELTER: Any
premises designated by action of the City for the purpose of
impounding and caring for all animals found running at large in
violation of this Chapter.
ANIMAL WARDEN:
The person or persons employed by the City as its
enforcement officer.
EXPOSED TO RABIES: An
animal has been exposed to rabies within the meaning of this Chapter
if it has been bitten by, or been exposed to, any animal known to
have been infected with rabies.
KENNEL: Any person, group
of persons or corporation engaged in the commercial business of
breeding, buying, selling, boarding or training of dogs or who keeps
and maintains for any reason, four (4) or more dogs.
NUISANCE ANIMAL: Any
animal which persistently destroys, disfigures, blemishes or in any
manner harms property, or which persistently chases cars or bicycles
or pedestrians, or disturbs the peace and dignity and quiet of the
City.
OWNER: Any person, group
of persons or corporation owning, keeping or harboring any poultry
or animal.
POULTRY: Domesticated
birds which serve as a source of food, either eggs or meat, and
includes chickens, turkeys, ducks, guinea fowl and pheasants.
RESTRAINT: Poultry or
animals within the meaning of this Chapter, if controlled by a
leash, within a vehicle being driven or parked on the streets or
within the property limits of its owner or keeper. Unattended
animals or poultry controlled by a leash that allows said animals or
poultry access to public sidewalks, streets or alleys shall not be
considered under restraint.
RUNNING AT LARGE: Any
poultry or animal whenever it is not ''under restraint'' as herein
defined.
SPAYED FEMALE: Any bitch
dog which has been operated upon to prevent conception.
VICIOUS DOGS: Any dog
which shall bite any person or the wearing apparel of any person, or
shall advance upon any person in a ferocious manner such as to put a
reasonable person in fear of being attacked or injured by such dog.
(Ord. 1214,7-10-1995)
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| 6-6-2 |
ENFORCEMENT: The provisions of this chapter shall be
enforced by the police officers of the city, or any animal control
officer of the city specifically designated by the mayor as an
animal control enforcement officer. These enforcement officials
shall have the authority to act on behalf of the city, including,
but not limited to, the authority to investigate complaints, impound
and destroy animals, and to take any other lawful action required to
enforce the provisions of this chapter or any state laws or
regulations relating to animal control. A police officer or an
animal control enforcement officer so designated by the mayor shall
have the authority to issue citations on an Idaho uniform citation
form pursuant to the Idaho misdemeanor criminal rules and the Idaho
infraction rules for the violation of animal control laws, rules and
regulations within the city. It shall be a violation of this chapter
to interfere with any police officer or animal control officer in
the performance of his or her duties. (Ord.1365, 3-24-2003)
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| 6-6-3
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ANIMALS OR
POULTRY RUNNING AT LARGE PROHIBITED: It shall be
unlawful for any animal or poultry to run at large in the city
limits at any time. The owner, or any person in charge of said
animals or poultry, shall be liable for all damages done by such
animal or poultry. It shall be unlawful for any person to lead, herd
or drive any animal through the streets of the city without having
said animal under restraint; providing, that this chapter shall not
prohibit stockmen from driving herds through the city when necessary
to transfer them from one pasture to another or for the purpose of
shipping, but stockmen so driving stock through the city shall be
liable to property owners for all damage done by such stock while
being so driven, and such stock shall be driven through the city in
as short a time as possible.
(Ord. 941, 9-22-1980, eff. 9-24-1980)
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| 6-6-4 |
OFFENSIVE SMELLS, POULTRY, ANIMALS OR PENS PROHIBITED:
It shall be unlawful for any owner, or other person in charge of the
care of the animals or poultry in the city, to maintain or care for
the same in such a manner that either the animal or poultry, or the
pens or runs in which they are housed, become offensive in odor,
sight or sound so as to unreasonably interfere with the use and
enjoyment of property by owners or renters of other property in the
neighborhood; and all animals will be maintained by their owners so
as not to become or constitute a "nuisance animal'' as herein
defined.
(Ord. 941, 9-22-1980, eff.9-24-1980)
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| 6-6-5 |
ABANDONING ANIMALS: It
shall be unlawful for any person having the care or ownership of any
dog or cat to intentionally and willfully abandon or leave such
animal without making adequate arrangements for its disposition or
care.
(Ord. 674, 5-15-1967)
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| 6-6-6 |
DOG AND KENNEL
LICENSES; APPLICATION, FEE: It shall be unlawful for any
person to own, keep or harbor any dog within the city limits unless
such dog over the age of six (6) months is licensed as herein
provided, except dogs actually used as seeing eye dogs. Such license
shall be issued by the clerk or his/her deputy upon written
application stating the name and address of the owner and the name,
breed, color, age and sex of the dog. A current certificate showing
immunization of such dog against rabies and the license fee required
hereunder must accompany such application. A numbered receipt shall
be forthwith given to the applicant, and a numbered metallic tag
shall hereafter be issued and delivered to the owner as soon as
possible. |
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A. The yearly license fee
shall be seven dollars ($7.00) for each neutered or spayed dog and
ten dollars ($10.00) for each un-neutered or un-spayed dog.
B. Every person engaged in the commercial business of buying,
selling, breeding, boarding or training of dogs may, in lieu of
licensing each dog, pay an annual kennel license fee of twenty five
dollars ($25.00), which shall cover all dogs in the kennel.
C. All dog licenses and kennel licenses shall be issued for
one year commencing January 1 and expiring December 31. Applications
for licenses may be made not more than thirty (30) days prior to the
start of the licensing year, and may be made for thirty (30) days
after the start of the licensing year without penalty, but when
applications for licenses are made more than thirty (30) days after
the commencement of the licensing year, the applicant shall be
assessed a penalty of fifty percent (50%) of the license fee which
amount shall be added to and collected with the regular license fee;
provided, if the dog, or kennel did not become subject to licensing
until after the start of the licensing year, then no penalty shall
be assessed within thirty (30) days after the dog or kennel become
so subject to such license.
D. In the event that a metallic license tag issued for a dog
shall be lost, the owner may obtain a duplicate tag upon the payment
of two dollars ($2.00).
E. If there is a change in ownership of a dog or kennel
during the license year, the new owner may have a current license
transferred to his name upon the payment of a transfer fee of two
dollars ($2.00).
F. It shall be unlawful for any person to use for any dog a
license or license tag issued for another dog.
G. The licensing and vaccination requirements of this chapter
shall not apply to any dog belonging to a nonresident of the city
and kept within the city for not longer than thirty (30) days;
provided all such dogs are kept within a building, vehicle or other
secure enclosure at all times while in the city.
H. All licenses issued on or after June 1 of any year shall
remain in effect until December 31 of that same year. (Ord. 1324,
11-13-2000)
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| 6-6-7 |
TAG; COLLAR REQUIRED:
The metallic license tag issued upon complying with section 6-6-6 of
this chapter shall be a numbered, metallic tag stamped with the
number and year for which issued and the shape or design of the tag
shall be changed from year to year. Such tag shall be securely
fastened to the dog's choke chain, collar or harness and worn by the
dog at all times.
(Ord. 674, 5-15-1967)
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| 6-6-8 |
REPORTING VIOLATIONS:
Any person who: a) observes any poultry or animal running at large
within the city; or b) observes a nuisance animal; or c) encounters
a vicious dog upon un-posted premises within the city while on
lawful business thereon, or d) encounters any other violation of
this chapter, may promptly report the same to the city police or
animal warden and give his (the caller's) name, as full a
description as possible of the poultry or animal, the location of
the same, and the name of the owner or owners of the same known to
the caller.
Upon receipt of a report of
poultry or of an animal running at large, an investigation shall be
immediately initiated by the police or animal warden, and if the
same is found to be still running at large, the provisions of
section 6-6-9 of this chapter shall apply. If, however, the same be
found then under restraint, the reporting person shall be notified
and advised that a written complaint must be filed before further
action can be taken.
Upon filing of a written complaint
alleging a violation of any provisions of this chapter, the owner
shall be cited in the manner as for violations of any other
ordinance of the city, and, in addition, the animal or poultry
complained of may be impounded; provided, however, that in the event
the owner be acquitted of such charge, no fees may be charged for
such impoundment.
Upon receiving a report of a
vicious dog on un-posted premises, or a nuisance animal, the police
or animal warden shall reduce said report to writing and have it
signed by the reporting person and notify the owner if he is known
or can be ascertained, of the report and the name of the person who
made the report, and also notify him that such animal must be
forthwith and thereafter confined and treated as a vicious dog or
nuisance animal, whichever is applicable.
An owner, upon such notification,
shall immediately confine such animal as herein required, but may,
within five (5) days after notification, demand in writing a hearing
before the magistrate judge. If the owner does not make such
demands, or if the magistrate judge, upon such hearing, determines
that such animal is vicious or a nuisance, it shall thereafter
continue to be treated and considered accordingly.
(Ord. 941, 9-22-1980, eff. 9-24-1980)
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| 6-6-9 |
IMPOUNDMENT: Poultry or any animal found running at
large shall be taken up by the animal warden and impounded in the
city animal shelter or other secure place, and confined in a humane
manner for a period of at least five (5) days. Any animal or poultry
not claimed by its owner within said five (5) day period may be
disposed of as
provided by section 6-6-11 of this chapter; provided, however, that
where the ownership of any dog or other animal or poultry has been
ascertained by the animal warden, he may, in lieu of impoundment,
return the same to its owner. Regardless of whether the animal is
returned to its owner or impounded, the animal warden may cite the
owner to appear in court to answer to a charge of allowing or
permitting poultry or an animal to run at large and, if applicable,
of maintaining an unlicensed dog in violation of this chapter. Upon
impounding a licensed dog wearing such license, the animal warden
shall notify the owner of such dog of the impoundment and of the
conditions whereby custody of such dog may be regained.
(Ord. 1200,12-12-1994)
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| 6-6-10 |
RELEASE OF
IMPOUNDED ANIMALS AND POULTRY: Except as hereinafter
otherwise provided, an owner shall be entitled to regain possession
of animals or poultry upon payment of the appropriate impoundment
fee set forth in section 6-6-12 of this chapter; provided, however,
that the owner of any dog must first comply with the license
requirements of section 6-6-6 of this chapter if such dog is
unlicensed; and provided further, that after impoundment of either
vicious dogs or nuisance animals, possession of the same will be
restored to the owner thereof only by order of the magistrate judge,
and application to regain possession of a vicious dog or nuisance
animal must be made through the district court.
(Ord. 941, 9-22-1980, eff. 9-24-1980)
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| 6-6-11 |
DISPOSITION
OF UNCLAIMED ANIMALS AND POULTRY: At the expiration of
said five (5) day detention period, the Animal Warden shall either:
A. Dispose of said poultry or animal in a humane manner;
B. Transfer title of the Same to a responsible person, or to
the Humane Society; provided the person or Humane Society pay for
the animal's food during the time it has been impounded, and if a
dog is released to a person, the license requirement of Section
6-6-6 shall be first fully complied with; or
C. in case any animal sold pursuant to the provisions of this
Chapter be sold for more than is sufficient to pay the fees on
charges aforesaid, such excess shall, by the officer or his
assistant making the sale, be deposited with the Clerk, who shall
pay such excess upon an order of the governing body, to the owner of
such animal or animals or to the person entitled to the possession
of the same upon claim and proper proof within one year from date of
said sale.
(Ord. 941,9-22-80, eff. 9-24-80)
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| 6-6-12 |
IMPOUNDING FEES: The fees to be charged for poultry and
animals impounded hereunder shall be as follows, and the same may
not be reclaimed until payment of the same to the Animal Warden or
Police Department.
A. Dogs: For the first impoundment of such dog within a
twelve (12) month period, fifteen dollars ($15.00); for the second
impoundment of such dog within a twelve (12) month period, twenty
dollars ($20.00); for the third impoundment of such dog within a
twelve (12) month period, thirty dollars ($30.00). In addition to
such fees, three dollars ($3.00) per each day that such dog has been
impounded shall also be charged. After any dog has been impounded
three (3) times within any twelve (12) month period, such dog shall
not thereafter be released without a specific order of the District
Court.
B. Any Other Animal: The initial sum of five dollars ($5.00)
plus one dollar and fifty cents ($1.50) per day.
(Ord. 941, 9-22-80, eff.9-24-80)
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| 6-6-13 |
VICIOUS DOGS: Any vicious dog
shall be confined by its owner within a building or secure enclosure
on his property and such property shall be posted with a sign
reading ''Vicious Dog'', "Beware of Dog'', or words of like effect.
Whenever not so confined, said dog shall be securely muzzled.
(Ord. 674, 5-15-67)
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| 6-6-14 |
ANIMALS IN HEAT: Every female animal in heat shall be
kept confined in a building or secure enclosure or in a veterinary
hospital or boarding kennel. (Ord. 674, 5-15-67)
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| 6-6-15 |
TEASING AND MOLESTING
ANIMALS: It shall be unlawful for any person to
willfully and intentionally tease or otherwise molest any animal, or
for any parent or guardian of any child under fourteen (14) years of
age to knowingly permit such child to tease or molest any animal. (Ord.
674, 5-15-67)
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| 6-6-16 |
INTERFERENCE PROHIBITED:
It shall be unlawful for any person to interfere with, hinder or
molest the police or Animal Warden in the performance of their duty,
or to attempt to release any animal in the custody of the Animal
Warden except as herein provided. (Ord. 674, 5-15-67)
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| 6-6-17 |
FREEING
IMPOUNDED ANIMALS PROHIBITED: It shall be unlawful to
break open or in any manner, directly or indirectly, aid or assist
in breaking open any pen or enclosure within the City/Elmore County
Humane Society compound with intent of releasing any animal confined
therein. (Ord. 674, 5-15-67)
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| 6-6-18 |
RECORDS REQUIRED: It shall be the duty of the Animal
Warden to keep, or cause to be kept, accurate and detailed records
of:
A. The licensing, impoundment and disposition of all animals
coming into custody;
B. All bite cases reported and of the investigation of same;
and
C. All monies belonging to the City.
Said records shall be open to inspection at reasonable times by such
persons responsible for similar records of the City, and shall be
audited by the City in the same manner as other City records are
audited. (Ord. 674,5-15-67)
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| 6-6-19 |
RABIES CONTROL: Every animal which bites a person shall
be promptly reported to the Animal Warden or police, and shall
thereupon be securely quarantined at the direction of the Animal
Warden or police for a period of ten (10) days, and shall not be
released from such quarantine except by permission of the Animal
Warden or police. At the discretion of the Animal Warden or police,
such quarantine may be on the premises of the owner, at the shelter
designated as the City animal shelter, or at the owner's option and
expense, in a veterinary hospital of his choice.
The owner, upon demand made by the
Animal Warden or police, shall forthwith surrender any animal which
has bitten a human, or which is suspected as having been exposed to
rabies, for quarantine, supervised by a veterinarian, which expense
shall be borne by the owner, and may be reclaimed by the owner if
adjudged free of rabies, upon payment of fees set forth in Section
6-6-12 and upon compliance of licensing provisions set forth in
Section 6-6-6.
When an animal under quarantine
has been diagnosed as being rabid or suspected by a licensed
veterinarian as being rabid and dies while under such observation,
the Animal Warden or police shall immediately send the head of such
animal to the State Department of Health and Welfare for
pathological examination, and shall notify the proper public health
officer of reports of human contacts, and the diagnosis made of the
suspected animal.
When one of both reports have
given a positive diagnosis of rabies, the Animal Warden or police
shall recommend a City-wide quarantine for a period of thirty (30)
days, and upon the invoking of such quarantine, no animal shall be
taken into the streets, or permitted to be in the streets, during
such period of quarantine. During such period of quarantine, any
animal found on the streets or roaming at large will be placed in
the City animal shelter. If such animal is unlicensed or is of
unknown ownership, it shall be held for a period of forty eight (48)
hours, after which it shall be destroyed.
During such period of rabies
quarantine as herein mentioned, every animal bitten by an animal
adjudged to be rabid shall be forthwith destroyed or, at the owner's
option and expense, shall be treated for rabies infection by a
licensed veterinarian, or\held under thirty (30) days' quarantine by
the owner in the same manner as other animals are quarantined.
In the event there are additional
positive cases of rabies occurring during the period of the
quarantine, such period of quarantine may be extended for an
additional six (6) months.
It shall be unlawful for any
person to kill, or cause to be killed, any rabid animal, any animal
suspected of having been exposed to rabies, or any animal biting a
human, except as herein provided, nor remove same from the City
limits without written permission from the Animal Warden.
The carcass of any dead animal
exposed to rabies shall, upon demand, be surrendered to the Animal
Warden. The Animal Warden shall direct the disposition of any animal
found to be infected with rabies.
It shall be unlawful for any
person to fail or refuse to surrender any animal for quarantine or
destruction as required herein when demand is made therefore by the
Animal Warden or police. (Ord. 674, 5-15-67)
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| 6-6-20 |
BITE CASES TO BE REPORTED:
It shall be the duty of every physician, or other practitioner, to
report to the Animal Warden or police the names and addresses of
persons treated for bites inflicted by animals, together with such
other information as will be helpful in rabies control. (Ord. 674,
5-15-67)
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| 6-6-21 |
VETERINARIAN'S
RESPONSIBILITY: It shall be the duty of every licensed
veterinarian to report to the Animal Warden his diagnosis of any
animal observed by him as a rabies suspect. (Ord. 674,5-15-67)
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| 6-6-22 |
EXEMPTION: Hospitals, clinics and other premises
operated by licensed veterinarians for the care and treatment of
animals are exempt from the provisions of this Chapter, except where
such duties are expressly stated. (Ord. 674, 5-15-67)
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| 6-6-23 |
STATE LAWS SUPERSEDE: In
the event any of the procedures outlined herein are now, or may
hereafter become, covered by State laws, then such procedures under
State laws shall supersede and supplant such procedures and
cooperate in every way with State officials in their implementation.
(Ord. 674, 5-15-67)
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| 6-6-24 |
PENALTIES: Any person convicted of a violation of any
provision of this Chapter, unless otherwise specified, shall be
subject to the penalties in accordance with Section 1-4-1 of this
City Code. (Ord. 1039, 11-26-84; 1990 Code)
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| 6-6-25 |
ANIMALS AND POULTRY NOT PERMITTED IN CERTAIN PARKS: It
shall be unlawful for the owner of any animal or poultry, or the
person in charge of any animal or poultry, to allow or permit the
same to be in Richard Aguirre Park, the little league fields or the
Basque Field. (Ord. 1214, 7-10-95)
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| 6-6-26 |
ANIMAL FECAL
MATTER TO BE REMOVED BY OWNERS: It shall be unlawful for
the owner or the person having charge or control of any animal to
permit such animal to defecate and to allow the feces to remain upon
any public park, sidewalk, roadway, or on any public or private
property not owned or possessed by the owner or person having the
charge or control of such animal. The person owning or being in
charge, or having control of any such animal shall immediately and
securely enclose all feces deposited by the animal in a bag,
wrapper, or other container and dispose of it in a sanitary manner.
The provisions of this Section shall not apply to a person or
persons with disabilities who have the charge or control of a
service dog.
(Ord. 1214, 7-10-95)
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