Georgetown Idaho

CITY OF GEORGETOWN
ORDINANCE NO 97

AN ORDINANCE PROVIDING FOR THE CONTROL OF DOGS IN WITHIN THE INCORPORATED CITY LIMIT OF THE CITY OF GEORGETOWN; PROVIDING FOR DEFINITIONS; REPEALING ORDINANCE 60 AND 79; AND REQUIRING DOG LICENSING; PROVIDING FOR ENFORCEMENT; PROVIDING FOR DOGS RUNNING AT LARGE; PROVIDING FOR PEACE AND QUIET OF NEIGHBORHOOD, DEFINITION OF VICIOUS DOG; PROVIDING KENNEL PERMITS:

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GEORGETOWN, BEAR LAKE COUNTY, IDAHO AS FOLLOWS:

SECTION 1 – Purpose

A. The purpose of this Ordinance is to control dogs within the incorporated areas of Georgetown, Bear Lake County, Idaho.

B. To promote and protect health, safety, comfort, and general welfare of the public.

C. To protect domestic livestock, and properties within the city limits of Georgetown.

D To protect the peace and quiet of the neighborhood.

SECTION 2 – Severability

Should any section, subsection, paragraph, sentence or clause hereof, or any particular application thereof, is for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of these regulations, it being hereby expressly declared that this ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more other sections, subsections,, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 3 – Repealing Previous Provisions

Ordinance 60 and 79, previously adopted by the Mayor and City Council, are hereby repealed in their entirety.

SECTION 4 – Definitions:

A. A vicious dog is defined herein as any dog which demonstrates a propensity to bite or attack thereby causing reasonable fear or apprehension. The breed of dog commonly known as “pit bull” including a bloodline of one-eighth or more is defined herein as a vicious dog.

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

C. “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 owner’s property, or with the owner, possessor, keeper, agent, servant or member of family.

SECTION 5 – Dog License Required

A. It shall be unlawful for the owner, keeper, or harborer of any dog within the city limits of Georgetown to do so without first obtaining a license for each animal over six months of age.

B. Each dog licensed within the city of Georgetown will need to have proof of a current rabies vaccination. A license will not be issued without this proof. Any unlicensed dog shall be confined by the owner and given a vaccination within 4 working days.

C. The license fees is: any Neutered dog, $5.00; un-neutered dog, $10.00.

D. Said license shall be due and payable on or before March 1 and shall be obtained from the City Clerk.

E. Each dog is hereby required to wear an apparatus such as a collar with license attached and/or name of owner.

F. Any owner violating this section, shall be guilty of an Infraction, and subject to a fine, not to exceed three hundred dollars ($300.00).

SECTION 6 – Dogs Running at Large

It is unlawful for the owner, keeper, or harborer of any dog to allow said animal to run at large within the incorporated areas of the City of Georgetown. Such animal shall be confined and restricted to the premises of the owner, keeper, or harborer and shall be allowed to go at large only in the company and control of its owner, keeper, or harborer.

SECTION 7 – Disturbing the Peace

It is unlawful for the owner, keeper, or harborer of any dog to allow such dog to disturb the peace and quiet of the neighborhood by barking or howling or habitually barking at or chasing pedestrians, bicycles, traffic, or moving vehicles upon the city’s roads and right of ways.

SECTION 8 – Vicious Dogs

A. It is unlawful for any person to keep or harbor a vicious dog.

B. Any person harboring, keeping, or owning a vicious dog shall register the dog with the City Clerk’s Office.

C. Any person harboring, keeping, or owning a vicious dog which has not bitten any person my continue to keep the dog upon posting with the City Clerk, of the City of Georgetown, a liability insurance policy specifying not less than three hundred thousand ($300,000.00) liability for damages caused by the vicious dog and further endorsing the county as party to be notified in the event of cancellation.

D. Any animal imposing immediate threat to any person or citizen of the City of Georgetown, its personnel, or other animals may be destroyed.

E. Any animal defined and identified under this section, as a vicious dog, will be destroyed after 5 days of impoundment excluding weekends and holidays.

SECTION 9 – Kennel Permit

A. Any person harboring, keeping, or owning more than five dogs for a period exceeding eight weeks shall apply for a kennel permit from the City of Georgetown.

B. The City Council, prior to granting a kennel permit, will conduct a hearing to determine whether or not a kennel permit shall be awarded to the applicant. All adjacent landowners within 300 feet of the applicants property upon which the proposed kennel is to be located shall be notified by certified mail.

The granting of a kennel permit is in the total and absolute discretion of the City Council.

SECTION 10 – Violation – Penalty

Any violation of this chapter by the owner, keeper, or harborer of said animal shall be deemed a misdemeanor and upon conviction thereof, said owner, keeper, or harborer shall subject to a fine, up to one thousand dollars ($1,000.00), for each day in violation hereof and may be imprisoned for not more than six months. The violator shall pay for any and all costs associated with the keeping or harboring of animals by the City of Georgetown or its agent or the reasonable cost associated with the enforcement of this Ordinance.

SECTION 11 – Effective Date

This ordinance shall be effective upon its passage and publication pursuant to Chapter 9 Title 50 of the Idaho Code.

SECTION 12 – Conflicting Ordinance

All ordinances and provisions in conflict herewith are hereby repealed.

SECTION 13 – THREE READING REQUIREMENT

One half (1/2) plus one (1) of the members of the full council determine to dispose with the rule requiring three readings of the ordinance.

Adopted and approved this 7th day of May 2019, by the Mayor and City Counsel of the City of Georgetown, Bear Lake County, Idaho.

BOARD OF BEAR LAKE COUNTY COMMISSIONERS
(signed)
STEPHAN R. WAECHTLER, Mayor

ATTEST:
(signed)
AMBER SMITH, City Clerk