Ordinance 106 Regulation and Control of Animals
CITY OF GEORGETOWN, STATE OF IDAHO
ORDINANCE NO. 106
AN ORDINANCE OF THE CITY OF GEORGETOWN PROVIDING FOR THE REGULATION AND CONTROL OF ANIMALS WITHIN THE CITY LIMITS OF THE CITY OF GEORGETOWN; ALSO PROVIDING FOR PENALTIES FOR FAILURE TO COMPLY WITH THE TERMS OF THIS ORDINANCE
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF GEORGETOWN, IDAHO AS FOLLOWS:
a. Livestock: means cattle, horses, sheep, goats, swine (other than feeder swine), or any other animals of the bovine, equine, ovine, caprine or porcine species. “Livestock” also includes all species of deer, elk, and moose raised under confinement or agricultural conditions for the production of meat, the production of other agricultural products, sport, or exhibition.
b. Fowl: means any of several domesticated or wild gallinaceous birds; or any bird of any kind
SECTION 2: Livestock and Fowl: Individuals, residents, entities, or persons who own land in a Residential or Commercial Zone or District shall be permitted to pasture or keep any livestock and fowl on said property subject to the following limitations and restrictions:
a. Permission of Adjoining Property Owners: Prior to keeping any livestock or fowl, permission of one-hundred percent (100%) of neighbors within a one hundred-foot (100) radius of the place where the animals are to be kept is obtained and written confirmation of the permission is presented to the City Council.
b. The minimum area required for each animal owner or custodian of livestock shall be one-half (1/2) of an acre, of which seventy-five percent (75%) shall be irrigated “pastureland” with full vegetative cover watered regularly so as to be kept in a healthy, green, and growing condition.
c. There may be kept not more than two cows, two horses, four goats or four sheep for each one-half (1/2) acre of the parcel of land upon which the same are kept; nor more than fifty (50) fowl for each one-quarter (1/4) acre in area of the parcel upon which the same are kept, to a maximum of three cows, three horses, five goats, five sheep or two-hundred (200) fowl maintained in any one establishment. This section shall not apply to mass acreages over 5 acres.
d. No roosters shall be allowed within City limits of Georgetown.
e. No person may keep swine or hogs within the limits of the City for resale or business purposes. The number of pigs, or hogs that can be owned, harbored or kept within the city limits shall be limited, and subject to approval of the City Council.
f. No Billy Goats shall be allowed to be kept within city limits.
g. Running at Large Prohibited: It shall be unlawful for the owner of any livestock to allow the same to run at large. Any livestock shall be kept on the owner’s premises or by adequate fence to hold said livestock on said owner’s premises or by means of a cord, chain, or rope of such length to restrict the animal to the owner’s property. The provisions as to fencing contained herein shall apply to fowl which traditionally are not and cannot be collared and leashed.
h. The conditions, under which cows, horses, goats, sheep, and fowl are kept within the City limits, shall be such as may be specified by any health authority of proper jurisdiction.
SECTION 3: General Regulations: The following shall apply to the keeping, caring for, and raising of all animals within the city limits of Georgetown:
a. It shall be unlawful for any person to keep any animal on any property located within the City when the keeping of such animal or the method of keeping or harboring such animals constitutes a public nuisance as defined in this ordinance or creates as threat or menace to public health and safety.
b. No person owning, harboring, keeping or in charge of any animal shall cause unsanitary, dangerous, or offensive conditions by virtue of the size or number of animals maintained at a single location or due to the inadequacy of the facilities. It shall be a violation of this section if the number of animals maintained at a single residence or the condition of the facilities is offensive, injurious, or dangerous to the public health or the neighbors in close proximity to the premises. Areas and pens where animals are kept must be maintained and cleaned of animal waste regularly.
c. It shall be unlawful for any owner or custodian of any animal to fail to provide the animal with any of the following: sufficient, good and wholesome food, fresh, clean water, proper shelter and protection from the weather, a clean and wholesome living environment, and protection from abuse or misuse.
d. The owner/custodian of any animal which dies, shall, within twenty-four (24) hours, provide for the burial, incineration, or other disposition of the body of such dead animal in a safe and sanitary manner.
e. No person owning, harboring or keeping an animal within the city shall permit any waste matter from the animal to collect and remain on another’s property, or on any property so as to cause or create an unhealthy, unsanitary, dangerous, or offensive living condition on the owners or custodian’s property or property of others. Offensive living condition shall include, but not be limited to exposure to the odor of accumulated feces.
SECTION _4: Exceptions. Notwithstanding any of the provisions and regulations set forth in Section 2, above, the followings exceptions apply:
a. Citizens owning or harboring roosters, Billy goats, and swine at the time this ordinance is approved and passed, shall be grandfathered into this ordinance. However, owners must locate said livestock and fowl to a section of their property where noise and foul smell does not permeate and disturb in close proximity of neighbors. As existing roosters, Billy goats, and swine die, owners or harbors of the same shall not be permitted to replace, replenish, or supplant in number the above livestock or fowl.
b. Existing Uses: Any person who heretofore has kept livestock or fowl within the city limits shall have the right to continue to do so; provided, however, that should any such landowner or city resident fail to exercise his right to keep such animals for a period of one-year (365 days) or more, such right shall be deemed forfeited and future harboring of livestock shall be subject to the terms of this ordinance.
SECTION 5: Nuisance. It shall be unlawful for any person to allow any animal in his/her care to become a public nuisance. Conduct which renders an animal a public nuisance shall include, but not be limited to:
a. Repeated running at large.
b. Damaging, soiling, defiling, urinating on, or defecating on any property other than that of its owner.
c. Making disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, crowing, braying, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored.
d. Fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or the air in close proximity to the premises where the animal is kept or harbored. The spreading of manure on irrigated agricultural property is permitted, provided it is spread somewhat evenly over said property and not piled in heaps and left to defile the air and cause health and safety issues.
e. Interfering with the enjoyment or use of another’s property.
f. Any conduct, act, or omission that would constitute a nuisance as defined by, and provided for under the Idaho Code.
SECTION 6: Penalties.
a. Any person who violates, the provisions of this Ordinance shall first be given a written warning.
b. Any subsequent violation of this chapter by the owner, keeper or harborer of said animals, shall be deemed a misdemeanor and upon conviction thereof, said owner, keeper, or harborer shall be subject to a fine, up to one thousand dollars ($1000.00). There shall be no jail time imposed for violation of this ordinance.
c. Each day the owner, keeper or harborer of said animals, remains in violation of this ordinance shall constitute a separate and distinct offense.
SECTION 7: Conflicting Ordinances Repealed: All ordinances and provisions in conflict herewith are hereby repealed.
SECTION 8: Severability: Should any section, subsection, paragraph, sentence or clause hereof, be held to be invalid or unenforceable by a Court of competent jurisdiction, such invalidity shall not affect the validity or enforceability of the remaining portions of this ordinance.
SECTION 9:Three Reading Rule: 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.
EFFECTIVE DATE: That this Ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect upon its due publication as provided by law.
PASSED AND APPROVED by the Mayor and City Council of the City of Georgetown, Bear Lake County, Idaho, this ______ day of ____________________, 2021.
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STEPHAN R. WAECHTLER, Mayor
ATTEST:
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Lynette Smith, City Clerk