Ordinance #79: Dog Ordinance (Amends Ordinance #60)

CITY OF GEORGETOWN, STATE OF IDAHO
ORDINANCE No. 79

AN ORDINANCE OF THE CITY OF GEORGETOWN A MUNICIPAL CORPORATION OF IDAHO, AMENDING ORDINANCE NUMBER 60, TO MAKE IT UNLAWFUL FOR AN OWNER TO ALLOW A DOG TO RUN AT LARGE, AND PROVIDING FOR PENALTIES FOR VIOLATION OF SAME; THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW, THE RULE REQUIRING THAT AN ORDINANCE BE READ ON THREE SEPARATE OCCASIONS HAVING BEEN DISPENSED WITH.

NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF GEORGETOWN; STATE OF IDAHO AS FOLLOWS:

Section: 1: The Ordinance shall be amended to include the following:

Section 1.1: Definitions: As used in this ordinance the following definition shall apply:

a. “Owner,” when applied to the proprietorship of a dog, means any person owning, keeping, or harboring a dog.

b. “At large” means any dog not under control by leash, cord or chain, or while confined within a vehicle, building or escape-proof fenced enclosure on owners’ property, or with the owner, possessor, keeper, agent, servant or member of family.

Section 2: Section 7 shall be amended as follows:

It shall be unlawful:

a. for any owner to allow any dog to disturb the peace and quiet of the neighborhood by habitually barking, howling, chasing moving vehicles upon the streets, scattering garbage upon the streets, or chasing livestock.

b. for any owner or keeper of a dog to allow the dog to be on any public street, alley, sidewalk, or any public way or public place within the city unless the dog is on a leash not exceeding eight feet (8′) in length or is confined within a vehicle; provided, however, the council may designate such areas of the city which may be used, subject to such rules and regulations as may be prescribed, for the training or exercise of dogs. Dogs within such area so designated need not be controlled by leash, but shall be under the control of a responsible person and controlled by whistle, voice or other effective command.

c. for any owner or keeper of a dog to allow said dog to run upon any property in the city without the consent of the owner or tenant in possession of said property.

Section 3: Section twelve shall be amended in its entirety as follows:

a. Any person or entity violating this chapter shall pay a fine of twenty dollars ($20.00) for the first violation of this chapter, thirty dollars ($30.00) for the second violation of this chapter occurring within any one (1) year; and fifty dollars ($50.00) for each violation thereafter occurring within any one (1) year period. Payment of said fine shall be made to the city clerk at the City Hall located at 382 Main, Georgetown, Idaho, within ten (10) days after service of notice of violation to the person or entity violating this chapter. Notice of said violation shall be deemed to have been effectively given when served by the city police upon the owner or occupant of the property where the dog is kept or upon which the dog is located, or if said person or entity is not at said address, by the city police mailing notice of said violation to the last known address or the person or entity owning or having control of said dog by placing a copy of the notice in the United States Mail, postage pre-paid. Notice shall be deemed to have been given in that case when said mail is deposited in a depository of the United States Postal Service. A person who pays the fine prescribed in this paragraph, when the same are due and payable, shall not be issued an infraction citation for the same violation.

i. Notice pursuant to this subsection shall consist of written notice, containing the information contained in this subsection, the name and address of the person charged, the offense charged, a description of the dog, the time and place when and where the offense charged occurred, and such other pertinent information as may be necessary.

b. Any person or entity who has violated this chapter shall be guilty of a an infraction punishable by a fine of one hundred dollars ($100.00), and shall further pay any court costs required to be imposed by the court.

c. The imposition of fines or citations for violations of this chapter upon any person or entity violating this chapter shall not preclude the city from exercising any other penal or civil remedy that it may have as against the violator.

Section 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication according to law.

Section 5: One half (1/2) plus one (1) of the members of the full council agree to dispense with the rule requiring the reading of this ordinance on three (3) separate occasions.

Section 6: If any portion of this ordinance is determined by a Court of competent jurisdiction to be invalid or unenforceable, all other provisions of this ordinance shall remain in full force and effect.

PASSED AND APPROVED by the Mayor and the City Council of the City of Georgetown, Bear Lake County, Idaho, this 4th day of May, 2010.

______________________________
Robert W. Van Cleave, Ph.D., Mayor

ATTEST:

____________________________
Marty Nate, City Clerk

PUBLISHED: