Shoshone City Code
Ordinances
CITY OF SHOSHONE ORDINANCE # 559
AN ORDINANCE OF THE CITY OF SHOSHONE, STATE OF IDAHO, REPEALING AND REPLACING TITLE 6 CHAPTER 6.04 “DOGS”
ARTICLE I: STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND OBJECTIVES
SECTION A: STATUTORY AUTHORITY
The Legislature of the State of Idaho, pursuant to Idaho Code §§ 46-1020, 46-1023, and 46-1024, authorizes local governments to adopt floodplain management ordinances that identify floodplains and minimum floodplain development standards to minimize flood hazards and protect human life, health, and property. Therefore, the City Council of the City of Shoshone, Idaho does hereby ordain as follows:
SECTION B: FINDINGS OF FACT
The purpose of this ordinance is to promote public health, safety, and general welfare and to minimize public and private losses due to dogs at large, vicious dogs, and/or unlicensed dogs:
For the purpose of this chapter, terms are defined as follows:
DOG AT LARGE: Any dog which is not confined within a fenced or completely enclosed area or on a chain or leash.
COMMERCIAL DOG KENNEL: A kennel where dogs are bred and/or raised specifically for sale to the public.
DOG: Any male, female, spayed female or neutered male dog of any age.
DOG KENNEL: A premises where more than three (3) dogs over the age of six (6) months are raised, kept, housed or boarded at any point in time.
DOG OF LICENSING AGE: Any dog which has attained the age of six (6) months.
IMPOUNDED: Having been received into the custody of the pound master/pound or into the custody of the police department or any authorized agent or representative thereof.
OWNER: Any person or persons, firm, association or corporation owning, keeping or harboring a dog.
POUND: An animal shelter, lot, premises or building maintained by the city for the confinement and care of dogs seized either under the provisions of this chapter or otherwise.
POUNDMASTER: A person, persons, or entity designated by the city for the confinement and care of dogs seized under the provisions of this chapter.
UNLICENSED DOG: A dog for which the license for the current year has not been paid, or to which the tag provided for in this chapter is not attached.
VICIOUS DOG: A dog that has bitten, clawed or otherwise harmed, or constitutes a physical threat, to persons, other animals, and/or property or a dog who endangers or menaces any person, property, or other animal without provocation by such person or animal.
ARTICLE III: LICENSE AND REGISTRATION
SECTION A: LICENSE AND REGISTRATION REQUIRED
Every dog that has reached the age of six (6) months or older, kept, harbored or maintained by any person in the city, shall be licensed and registered. Dog licenses shall be issued by the city clerk upon payment of a license fee as herein provided in this chapter. Payment of the license fee shall be made to the city clerk at the city hall during regular business hours. A violation of this section shall be an infraction punished by a fine of $100.00.
SECTION B: LICENSING REQUIREMENTS; FEES
The following dogs need not be licensed:
SECTION D: OWNER'S CERTIFICATE; DOG COLLAR AND TAG
Upon payment of the license fee, the city clerk shall issue to the owner a certificate and a metallic tag for each dog so licensed. The tag shall have stamped thereon the words "Shoshone dog tag" and the license number corresponding with the tag number of the certificate. Every owner shall be required to provide each dog with a collar and tag which are constantly worn by the dog.
SECTION E: DOG TAGS
ARTICLE IV: KENNEL REGULATIONS:
ARTICLE VI: PROVISIONS REGULATING SUSPECTED OR ACTUAL RABID ANIMALS
ARTICLE VII: POLICE DEPARTMENT AND POUNDMASTER:
SECTION A: POLICE DEPARTMENT DUTIES
It shall be the duty of the police department:
It shall be the duty of the poundmaster to hold all dogs delivered by the police department and to provide suitable bedding, food and water for such dogs for the period impounded.
ARTICLE VIII: VICIOUS OR DANGEROUS DOGS:
Any dog, defined as vicious by this ordinance, the chief of police may order that the violators post a bond or certificate of insurance in the amount of one hundred thousand dollars ($100,000.00) or more and/or that the owner of the dog prove financial responsibility for the dog's actions.
In any case where a person has been charged or cited with the offense of owning or having custody of a vicious or dangerous dog or other animal pursuant to the provisions of this chapter, the City Attorney may file a motion requesting destruction of the animal prior to a final adjudication of the criminal charges. The animal shall remain confined at the animal shelter pending a final decision on the motion. The court may order the destruction of the animal upon making a finding that the animal is "vicious", as defined in this chapter, and that it poses a danger to the public if allowed to be released from confinement.
ARTICLE IX: IMPOUNDED ANIMALS
SECTION A: UNCLAIMED IMPOUNDED ANIMALS:
If the owner, harborer, or keeper of the dog impounded can be ascertained, then notice shall be promptly given the owner, harborer or keeper stating that unless the dog is reclaimed according to this chapter within seventy two (72) hours after such notice, the dog will be given to a local dog rescue group designated by resolution of the city council.
SECTION B: RECLAMATION OF IMPOUNDED ANIMALS:
A dog may be reclaimed by payment of an impounding fee and costs of keeping the animal until it is reclaimed as follows: For the first occurrence during the license year, a city impound fee of fifteen dollars ($15.00), plus costs. For each subsequent impoundment during the license year the city impound fee shall increase by five dollars ($5.00) over the first fee paid for such dog, plus cost of keeping. Persons reclaiming an unlicensed dog must purchase the required license in addition to all other charges. The fees under this section shall be collected by the city clerk and costs paid to the persons/entity housing the animal. Receipt for all necessary fees must be obtained from the city clerk before an impounded dog can be reclaimed.
ARTICLE X: VIOLATIONS AND PENALTIES:
SECTION A: REMOVING A COLLAR OR TAG:
For any person to remove or cause to be removed the collar or metallic tag from any licensed dog without the consent of the owner. A violation of this section is an infraction punishable with at $100.00 fine plus court costs.
SECTION B: BARKING DOG
For any person to own, keep or harbor any dog which by loud, continued or frequent barking, howling or yelping shall annoy or disturb any neighborhood or person. This subsection shall not apply to the municipal dog pound or veterinary hospitals. A violation of this section is an infraction punishable with at $100.00 fine plus court costs. A subsequent violation and every violation thereafter within a 12-month period shall be punishable as a misdemeanor with up to a $300.00 fine and 6 months in jail.
SECTION C: VICIOUS OR DANGEROUS DOG:
For any person to own, have custody of or control of any dog or any other animal which is vicious or dangerous. A violation of this section shall be punished as a misdemeanor with up to a $1000.00 fine and 6 months in jail in addition to the consequences as outlined above.
SECTION D: FAILURE TO EXHIBIT REGISTRATION OR LICENSE:
For any person keeping or harboring a dog for which a license is required by this chapter to fail or to refuse to exhibit the registration certificate or license tag upon demand by the dogcatcher or a police officer. A violation of this section is an infraction punishable with at $100.00 fine plus court costs.
SECTION E: TORTURE OR MISTREATING DOGS:
For any person to maltreat or torture any dog or to willfully and maliciously administer or cause to be administered poison of any sort whatsoever to any animal that is the property of another, with the intent to injure or destroy such dog, or to willfully or maliciously place any poison or poisoned food where the same is accessible to any such animal. A violation of this section shall be punished as a misdemeanor with up to a $1000.00 fine and 6 months in jail.
SECTION F: HINDERING OR DELAYING POLICE IN DUTIES PURSUANT TO ORDINANCE:
For any person to hinder, delay, interfere with or obstruct a police officer while said official is performing animal control duties and for any person to break open or in any manner directly aid, counsel or advise the breaking open of any dog pound or ambulance, wagon or vehicle used for the collecting or conveying of dogs. A violation of this section shall be punished as a misdemeanor with up to a $1000.00 fine and 6 months in jail.
SECTION G: LEAVING A DOG IN AN UNATTENDED VEHICLE:
For any person to leave or confine in any unattended motor vehicle under conditions that may endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or under such other circumstances as could reasonably be expected to cause suffering, disability, or death to the animal. A violation of this section shall be punished as an infraction with a $100.00 fine, plus court costs.
City police officers may use reasonable force under the above circumstances to enter a vehicle and remove the animal after first making a reasonable attempt to contact the animal's owner. The officer removing the animal shall use reasonable means to contact the owner of the animal to arrange for its return home. Absent contact with the owner, the animal will be taken to a veterinary clinic if emergency care is needed and after a reasonable amount of time to an animal shelter.
Regularly passed and approved by the Shoshone City Council on this 19th day of March, 2019.
Approved: ___/s/____________
Dan Pierson, Mayor
Attest: ____/s/_________
Dena Mabbutt, City Clerk
AN ORDINANCE OF THE CITY OF SHOSHONE, STATE OF IDAHO, REPEALING AND REPLACING TITLE 6 CHAPTER 6.04 “DOGS”
ARTICLE I: STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND OBJECTIVES
SECTION A: STATUTORY AUTHORITY
The Legislature of the State of Idaho, pursuant to Idaho Code §§ 46-1020, 46-1023, and 46-1024, authorizes local governments to adopt floodplain management ordinances that identify floodplains and minimum floodplain development standards to minimize flood hazards and protect human life, health, and property. Therefore, the City Council of the City of Shoshone, Idaho does hereby ordain as follows:
SECTION B: FINDINGS OF FACT
- The city of Shoshone has a current Dog Ordinance that requires updating due to conflicting provisions.
- The city of Shoshone has a current Dog Ordinance that requires updating due to it providing for resources, such as an animal control officer, that the City does not have.
- The City of Shoshone has a persistent problem with residents not abiding by the current city ordinance and a clearer law will assist law enforcement and residents in abiding by and enforcing the law.
- The City of Shoshone wishes to provide its citizens with clear standards regarding dogs in the city of Shoshone.
The purpose of this ordinance is to promote public health, safety, and general welfare and to minimize public and private losses due to dogs at large, vicious dogs, and/or unlicensed dogs:
- Protect human life, health, and property;
- And to provide particularized standards for the keeping of Dogs in the limits of the city of Shoshone.
For the purpose of this chapter, terms are defined as follows:
DOG AT LARGE: Any dog which is not confined within a fenced or completely enclosed area or on a chain or leash.
COMMERCIAL DOG KENNEL: A kennel where dogs are bred and/or raised specifically for sale to the public.
DOG: Any male, female, spayed female or neutered male dog of any age.
DOG KENNEL: A premises where more than three (3) dogs over the age of six (6) months are raised, kept, housed or boarded at any point in time.
DOG OF LICENSING AGE: Any dog which has attained the age of six (6) months.
IMPOUNDED: Having been received into the custody of the pound master/pound or into the custody of the police department or any authorized agent or representative thereof.
OWNER: Any person or persons, firm, association or corporation owning, keeping or harboring a dog.
POUND: An animal shelter, lot, premises or building maintained by the city for the confinement and care of dogs seized either under the provisions of this chapter or otherwise.
POUNDMASTER: A person, persons, or entity designated by the city for the confinement and care of dogs seized under the provisions of this chapter.
UNLICENSED DOG: A dog for which the license for the current year has not been paid, or to which the tag provided for in this chapter is not attached.
VICIOUS DOG: A dog that has bitten, clawed or otherwise harmed, or constitutes a physical threat, to persons, other animals, and/or property or a dog who endangers or menaces any person, property, or other animal without provocation by such person or animal.
ARTICLE III: LICENSE AND REGISTRATION
SECTION A: LICENSE AND REGISTRATION REQUIRED
Every dog that has reached the age of six (6) months or older, kept, harbored or maintained by any person in the city, shall be licensed and registered. Dog licenses shall be issued by the city clerk upon payment of a license fee as herein provided in this chapter. Payment of the license fee shall be made to the city clerk at the city hall during regular business hours. A violation of this section shall be an infraction punished by a fine of $100.00.
SECTION B: LICENSING REQUIREMENTS; FEES
- The owner, possessor or keeper of any dog six (6) months of age or over shall make application for and obtain a license and registration tag for such dog.
- At the time of making application the owner, possessor or keeper of any dog shall:
- State his name and address and the sex, breed and color of each dog owned or kept by him.
- Pay a license fee for each dog licensed. The fee for licenses is the sum of five dollars ($5.00) for each and every neutered male dog and every spayed female dog, and the sum of ten dollars ($10.00) for every unspayed female dog and unneutered male dog. Proof of the dog having been spayed or neutered must be presented before issuance of the license.
- Provide proof of a current rabies vaccination for the animal being licensed.
- All licenses are for one year and shall expire on April 1 of each year and no notices will be sent by the city concerning expiration of licenses.
The following dogs need not be licensed:
- Any dog not yet six (6) months of age.
- Any dog whose owner, keeper or possessor is a nonresident of the city and who is temporarily within the city for thirty (30) days or less.
- Any dog which has been duly or property trained to assist the blind, physically or mentally disabled and is acting in that capacity shall be licensed without fee.
SECTION D: OWNER'S CERTIFICATE; DOG COLLAR AND TAG
Upon payment of the license fee, the city clerk shall issue to the owner a certificate and a metallic tag for each dog so licensed. The tag shall have stamped thereon the words "Shoshone dog tag" and the license number corresponding with the tag number of the certificate. Every owner shall be required to provide each dog with a collar and tag which are constantly worn by the dog.
SECTION E: DOG TAGS
- Duplicate dog tags shall be issued upon payment of one dollar for each tag so issued to replace the original tag that was lost or destroyed.
- Dog tags shall not be transferable from one dog to another and no refunds shall be made on any dog license fee for any reason whatsoever.
- The original receipt shall be retained by the owner or harborer of the licensed dog for inspection by the police department or agent thereof.
ARTICLE IV: KENNEL REGULATIONS:
- Kennel Fees: Any person conducting, operating or maintaining a "commercial dog kennel" or "dog kennel" as herein defined shall pay to the city clerk's office, for the privilege of conducting, operating or maintaining such dog kennel, an annual license fee of one hundred dollars ($100.00). All license fees are renewable each year on the anniversary date of issuance.
- Qualifications For Issuance Of Dog Kennel License:
- The city clerk may issue a kennel license only after receiving a positive recommendation from the police department and/or an agent thereof who has made a personal investigation into each application including an on site visit to the kennel area. The clerk must also receive the proper fee amount. No license may be issued until the police have certified to the city clerk that all requirements of this chapter have been complied with. The city clerk may deny the issuance of a license if fraudulent or untrue representations have been made by the applicant, or if the applicant is in violation of any of the provisions of this chapter. All licenses that are issued based upon fraudulent statements are null and void as if they had never been issued.
- At least fifteen (15) days before applying for a license the applicant shall circulate a petition among all households located within three hundred feet (300') of any part of the applicant's property. The petition shall state the number and types of dogs the applicant wishes to keep and shall give the legal location of the property on which the applicant wishes to keep the dogs. The applicant must obtain the written approval of seventy five percent (75%) of the homeowners located within three hundred feet (300') of his property before a kennel license application may be considered.
- Prior to the license issuance hearing police must inspect places and premises in the city where any dogs are to be housed under the license applied for and, if a violation of this chapter is found to exist, the police shall not recommend to the city clerk that a license be issued. Kennel licenses shall expire after every year from the date of issuance and may be reissued by the city clerk upon written certification by the police that the kennel operator has complied with the kennel rules and conditions contained in this chapter for the entire preceding year.
- Revocation Of License:
- The city police may recommend to the city clerk the revocation of any kennel license upon evidence that any of the conditions set forth in this chapter as a prerequisite to the issuance of a license have been violated, or that the license was issued upon fraudulent or untrue representations by applicant, or seventy five percent (75%) of the homeowners located within three hundred feet (300') of the property of the kennel location, file a petition for such revocation, or that the person holding the license has violated any of the material provisions of this chapter.
- All places and premises upon which any of the dogs are kept or housed shall be open at all reasonable times for inspection by the city police. If, upon inspection, there is found to exist any violation of any provision of this chapter, the police shall give the person responsible for such violation a written notice specifying the violation in particular and requiring such offender to abate or correct such problem within the following twenty four (24) hour period. If not abated or corrected, the police shall recommend to the city council that the license of such person be revoked.
- The city clerk may revoke any kennel license issued under this chapter for violation of any of the provisions of this chapter or ordinance of the city or laws of the state of Idaho. Prior to revocation by the clerk, the clerk shall notify the applicant in writing, setting forth specifically the grounds for the complaint and the time and place of the hearing. Such notice shall be personally served upon the licensee, or mailed certified mail return receipt requested to the licensee at his/her last known address at least ten (10) days prior to the date set for the hearing. The notice should set out appeal rights as outlined below.
- The aggrieved person may file a request for appeal with the city council by submitting a written request for a hearing with the city clerk in person at the city hall or by mailing a written request by first class mail to the city clerk at the city hall. Said request must be received within fifteen (15) days of the clerk's denial. The clerk shall schedule a hearing as part of the next regular city council meeting. The mayor shall chair the hearing and the city shall be represented by the city attorney. The appellant may be represented by an attorney of choice or by the appellant personally. The rules for administrative hearings under Idaho shall be followed. The decision shall be made by the council in the same manner as it makes all other decisions with the mayor having the tiebreaking vote. The order of the city council shall be final, however appeal rights to the district court may exist.
- PENALTY: A violation of this section shall be punished as a misdemeanor with a maximum penalty of $1000.00 and 6 months of jail.
- It shall be unlawful for any owner or keeper of any licensed or unlicensed dog to permit such dog at any time to run at large within the city limits.
- Any person violating this section shall be served with a citation signed by an, police officer, or citizen.
- The penalty for conviction is as follows:
- The first violation: Fifty dollars ($50.00) plus court costs;
- The second violation committed, within twelve (12) consecutive months of the date that the first violation was committed: One hundred dollars ($100.00) plus court costs;
- The third and all subsequent violations within twelve (12) consecutive months of the first and second violations shall be a misdemeanor and shall upon conviction be fined not more than three hundred dollars ($300.00) or imprisoned in the county jail for a period of not more than six (6) months, or by both fine and imprisonment.
- It shall not be required that the subsequent violations be with the same animal.
- The penalty for conviction is as follows:
ARTICLE VI: PROVISIONS REGULATING SUSPECTED OR ACTUAL RABID ANIMALS
- Reports Required: Anyone having knowledge of the animal known to have or suspected of having rabies shall report the fact immediately to the police department. The police department shall likewise be notified of any person or animal bitten by a rabid or suspected rabid animal. It shall be the duty of all physicians who treat any person bitten, while within the city limits, by any animal to report immediately the name and address of such person to the police department.
- Quarantine of Animal: It is hereby made the duty of the owner of a dog or other animal showing symptoms of rabies or which has bitten or otherwise attacked any person causing an abrasion of the skin, to surrender the dog or animal for confinement at the city pound or a veterinarian hospital for a period not less than ten (10) days. Any dog or animal showing the symptoms of rabies or which has bitten or otherwise attacked any person causing an abrasion of the skin shall be placed in confinement as provided in this section. Any animal of a species subject to rabies shall in like circumstances be confined as herein provided. If a dog or other animal is determined to be free of rabies, the dog or animal shall be returned to the owner upon payment of the regular impoundment fee and board as provided in this chapter. If such fee is not paid, the dog or animal shall be subject to disposal as provided by this chapter. At the discretion of the city police, the quarantine of a dog or animal may be upon the premises of the owner or the person in charge of the same if securely confined, kept from contact with other animals and submitted to a veterinarian for examination at the owner's expense to determine if rabid. If an animal dies or has been killed, its head shall be removed and immediately taken to the state health laboratory to be examined for rabies.
No person shall fail, refuse or neglect to allow the city police and or an agent of the city police to make an inspection or examination at any time during this period. No dog or animal shall be removed from the place of quarantine without written permission of the Chief of Police.
- Contact with Rabid Animal: Any animal of a species subject to rabies which has been bitten by a known rabid animal or has been in intimate contact with a rabid animal shall be isolated in a suitable place approved by the police department for a period of one hundred twenty (120) days or destroyed.
- A violation of this section shall be punished as a misdemeanor with a maximum penalty of $1000.00 and 6 months of jail.
ARTICLE VII: POLICE DEPARTMENT AND POUNDMASTER:
SECTION A: POLICE DEPARTMENT DUTIES
It shall be the duty of the police department:
- To carry out and enforce all the provisions of this chapter, and any amendments hereto, any other ordinance later enacted relating to dogs and as permitted by law.
- To enforce the licensing and the control of all dogs in the city as herein provided.
- To file complaints and/or issue citations in a court of competent jurisdiction against any person failing to license any dog as herein provided, 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 and to remove such dogs in a humane manner to the pound.
- To pick up, collect the destruction fee and secure the euthanasia record for all dogs to be destroyed at the owner's request.
- To be responsible for posting notices concerning impounded dogs as herein provided.
- Any dog found running at large or dog that is to be impounded, which, in the opinion of any police officer cannot be safely taken without tranquilizing, may be tranquilized for the purpose of impounding, by any police officer.
- In the enforcement of any provisions of this chapter, any police officer and assistants are authorized to enter the premises of any person to take possession of licensed or unlicensed, fierce, dangerous or vicious dogs when in fresh pursuit of such dog at the time the dog goes onto private property.
It shall be the duty of the poundmaster to hold all dogs delivered by the police department and to provide suitable bedding, food and water for such dogs for the period impounded.
ARTICLE VIII: VICIOUS OR DANGEROUS DOGS:
Any dog, defined as vicious by this ordinance, the chief of police may order that the violators post a bond or certificate of insurance in the amount of one hundred thousand dollars ($100,000.00) or more and/or that the owner of the dog prove financial responsibility for the dog's actions.
In any case where a person has been charged or cited with the offense of owning or having custody of a vicious or dangerous dog or other animal pursuant to the provisions of this chapter, the City Attorney may file a motion requesting destruction of the animal prior to a final adjudication of the criminal charges. The animal shall remain confined at the animal shelter pending a final decision on the motion. The court may order the destruction of the animal upon making a finding that the animal is "vicious", as defined in this chapter, and that it poses a danger to the public if allowed to be released from confinement.
ARTICLE IX: IMPOUNDED ANIMALS
SECTION A: UNCLAIMED IMPOUNDED ANIMALS:
If the owner, harborer, or keeper of the dog impounded can be ascertained, then notice shall be promptly given the owner, harborer or keeper stating that unless the dog is reclaimed according to this chapter within seventy two (72) hours after such notice, the dog will be given to a local dog rescue group designated by resolution of the city council.
SECTION B: RECLAMATION OF IMPOUNDED ANIMALS:
A dog may be reclaimed by payment of an impounding fee and costs of keeping the animal until it is reclaimed as follows: For the first occurrence during the license year, a city impound fee of fifteen dollars ($15.00), plus costs. For each subsequent impoundment during the license year the city impound fee shall increase by five dollars ($5.00) over the first fee paid for such dog, plus cost of keeping. Persons reclaiming an unlicensed dog must purchase the required license in addition to all other charges. The fees under this section shall be collected by the city clerk and costs paid to the persons/entity housing the animal. Receipt for all necessary fees must be obtained from the city clerk before an impounded dog can be reclaimed.
ARTICLE X: VIOLATIONS AND PENALTIES:
SECTION A: REMOVING A COLLAR OR TAG:
For any person to remove or cause to be removed the collar or metallic tag from any licensed dog without the consent of the owner. A violation of this section is an infraction punishable with at $100.00 fine plus court costs.
SECTION B: BARKING DOG
For any person to own, keep or harbor any dog which by loud, continued or frequent barking, howling or yelping shall annoy or disturb any neighborhood or person. This subsection shall not apply to the municipal dog pound or veterinary hospitals. A violation of this section is an infraction punishable with at $100.00 fine plus court costs. A subsequent violation and every violation thereafter within a 12-month period shall be punishable as a misdemeanor with up to a $300.00 fine and 6 months in jail.
SECTION C: VICIOUS OR DANGEROUS DOG:
For any person to own, have custody of or control of any dog or any other animal which is vicious or dangerous. A violation of this section shall be punished as a misdemeanor with up to a $1000.00 fine and 6 months in jail in addition to the consequences as outlined above.
SECTION D: FAILURE TO EXHIBIT REGISTRATION OR LICENSE:
For any person keeping or harboring a dog for which a license is required by this chapter to fail or to refuse to exhibit the registration certificate or license tag upon demand by the dogcatcher or a police officer. A violation of this section is an infraction punishable with at $100.00 fine plus court costs.
SECTION E: TORTURE OR MISTREATING DOGS:
For any person to maltreat or torture any dog or to willfully and maliciously administer or cause to be administered poison of any sort whatsoever to any animal that is the property of another, with the intent to injure or destroy such dog, or to willfully or maliciously place any poison or poisoned food where the same is accessible to any such animal. A violation of this section shall be punished as a misdemeanor with up to a $1000.00 fine and 6 months in jail.
SECTION F: HINDERING OR DELAYING POLICE IN DUTIES PURSUANT TO ORDINANCE:
For any person to hinder, delay, interfere with or obstruct a police officer while said official is performing animal control duties and for any person to break open or in any manner directly aid, counsel or advise the breaking open of any dog pound or ambulance, wagon or vehicle used for the collecting or conveying of dogs. A violation of this section shall be punished as a misdemeanor with up to a $1000.00 fine and 6 months in jail.
SECTION G: LEAVING A DOG IN AN UNATTENDED VEHICLE:
For any person to leave or confine in any unattended motor vehicle under conditions that may endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or under such other circumstances as could reasonably be expected to cause suffering, disability, or death to the animal. A violation of this section shall be punished as an infraction with a $100.00 fine, plus court costs.
City police officers may use reasonable force under the above circumstances to enter a vehicle and remove the animal after first making a reasonable attempt to contact the animal's owner. The officer removing the animal shall use reasonable means to contact the owner of the animal to arrange for its return home. Absent contact with the owner, the animal will be taken to a veterinary clinic if emergency care is needed and after a reasonable amount of time to an animal shelter.
Regularly passed and approved by the Shoshone City Council on this 19th day of March, 2019.
Approved: ___/s/____________
Dan Pierson, Mayor
Attest: ____/s/_________
Dena Mabbutt, City Clerk