Ordinance # 110

AN ORDINANCE OF THE CITY OF RIGGINS, IDAHO, AMENDING CHAPTER 3 OF THE RIGGINS MUNICIPAL CODE ENTITLED "DOGS", PROVIDING FOR REPEAL OF ALL ORDINANCES OR CODES IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF RIGGINS:

Section 1:    That the City of Riggins Municipal Code, Chapter 3 Dogs, be amended to read as follows:

6-3-1:    PURPOSE:    The City of Riggins is concerned about the welfare of dogs owned, harbored and possessed within the City limits and the responsibility of the owners, harborers and other persons possessing such dogs, for the welfare of said dogs, this is a Chapter providing for the licensing of dogs and for  penalty for owners or harborers of dogs found without such license having been paid; providing for license fees therefore; prohibiting imitation license tags; providing for regulation of rabies; prohibiting dogs disturbing the peace,  prohibiting dogs running at large; providing for restriction of female dogs in heat; prohibiting vicious or sick dogs at large, prohibiting vicious dogs within the City; declaring interference with an Officer to be unlawful, and providing for penalty for violations of this Chapter.

6-3-2:    DEFINITIONS:    The owner as used in this Chapter shall mean any person harboring or keeping a dog within the corporate limits of the City.  The term "Dog" as used in this Chapter shall mean and include either male or female dog.

6-3-3:    LICENSE REQUIRED:    It shall be unlawful for any person to own, harbor, keep or possess a dog within the City without first procuring a license as provided by in this Chapter, provided however, that the provisions of this Chapter shall not apply to any person visiting in the City for period not exceeding thirty (30) days and owning or possessing dogs currently licenses and bearing the license issued by another municipality or other licensing authority.

6-3-4:    APPLICATION AND FEES:    All dogs licenses shall be issued for the calendar year January 1 through December 31 of each and every year.  The owner or person having charge of any dog within the City shall make application at City Hall and pay license fee in the sum of ________ dollars, ( currently $5.00) for each and every male dog and the sum of  ____________ (currently $7.00) for each and every female dog unspayed, and __________ dollars (currently $3.00) for each and every spayed female dog.  Such license fees shall be set by the City Council by passage and approval of a City Resolution.  Upon receipt of such application and payment of fees, the City Clerk will issue the license and issue a receipt stating the owner's name, the number of the license, the sex and description of the dog, the amount paid, together with a metal tag bearing the number corresponding to that upon the receipt.  It shall be unlawful for anyone to make a false statement in such application for said license.  Upon satisfactory proof that a license tag has been lost, a new tag of a different number may be issued, and the transaction shall be noted upon the City office file for the number originally issued.

6-3-5:    IMITATION LICENSE TAGS PROHIBITED:    It shall be unlawful for any person to allow any dog owned, kept or harbored by him to wear a license tag received on account of a former license, or to wear any tag marked on plate or collar similar to that required by the City at that time, and calculated to deceive, and it shall be unlawful for any person to place, or to allow any female dog owned by him or with his care or custody, to wear a tag issued with a license for a male dog.

6-3-6:    RABIES:    An officer shall have authority to order the owner of any dog showing symptoms of rabies or of any dog which has bitten any person, so as to cause an abrasion of the skin, to subject such dog for quarantine for a period of not to exceed fifteen (15) days and if such dog shall be determined to be free of rabies, the dog shall be returned to the owner upon payment of kennel fees for keeping dogs in kennel and should the dog not have a tag, the owner or harborer shall pay twice the normal fees for the required dog fees.  Any dog afflicted with rabies shall be disposed of immediately by the officer.

6-3-7:    DISTURBING THE PEACE:    It shall be unlawful for any owner or harborer to allow dogs in their charge to disturb the peace within the City.  Any such owner or harborer shall be entitled to one (1) verbal or written notice from an Officer, that the owner's or harborer's dog is or has been disturbing the peace and is in violation of the provisions of this Chapter, before such owner shall be deemed to be in violation of this Section.  If, after receiving such notice, the owner fails or refused to prevent such action, and allows the dog to disturb the peace, he shall be in violation of this Section.

An Officer may require the signing of a formal complaint in regards to matters of disturbing of the peace.

6-3-8:    RUNNING AT LARGE PROHIBITED:    It shall be unlawful for any owner or harborer of a dog to permit the dog, whether licensed or not, to be or remain upon the streets of alleys of the City of Riggins, or in any public place in the City upon any other premises,  unless; such dog be in the charge of a person and controlled by a leash, not exceeding ten feet (10') in length, or unless such dog be confined in a motor vehicle.  Any such owner or harborer shall be entitled to one (1) verbal or written notice from the Officer that the owner's or harborer's dog is or has been found at large in violation of the provisions of this Chapter.  Before such owner shall be deemed to be in violation of this Section, after receiving such notice, the owner fails or refuses to take up and confine his dog and keep it confined, he shall be in violation of this Section.

6-3-9:    FEMALE DOGS IN HEAT:    All persons owning or in charge of any female dog shall keep the same shut up when in heat.  Any female dog running at large at such season may result in the owner being found in violation of this Section.

6-3-10:    PERMITTING VICIOUS OR SICK DOGS AT LARGE:     No owner or person in charge of any vicious dog or any dog having the mange or any other apparent and contagious disease shall permit such animal to run at large in any street, highway or public ground within the City or take the same upon any private premises or permit the same to go upon any private premises without the consent of the owner of such premises.  In addition to being found to be in violation of this Section, owner or harborer of such dog may be found to be in violation as prescribed by Section 6-3-8 of this Chapter.

6-3-11:    PROHIBITING VICIOUS DOGS WITHIN CITY:    No vicious dogs, that is dogs which are dangerous to the safety of persons or property, shall be maintained by any owner or harborer thereof, within the limits of the City of Riggins, after receiving either oral or written notice from an Officer that such dog has exhibited vicious propensities.  If such owner or harborer of such dog fails to remove the dog from the City limits, such owner or harborer shall be deemed in violation of this Section.  However, if such owner or harborer denies that such dog has such vicious propensities, he may, immediately upon receiving the official notice hereinabove provided for, notify the Officer in writing that he desires to have a hearing  before the City Council to establish the dangerous nature of such dog at the earliest possible date, and , in the meantime, the City may keep or direct that owner or harborer shall keep such dog confined under such conditions that such dog, even though upon the property of the owner or harborer thereof shall not constitute a risk to persons or property including small children who may come upon the premises of the owner or harborer, pending final determination of the matter by the City Council.  The decision of the City Council as to the nature of the dog and it's dangerous propensities, shall be final and the keeping of such a dog within the City limits after such hearing and determination on the part of the City Council by such owner or harborer shall constitute a violation of this Section.

6-3-12:    INTERFERENCE WITH OFFICER:    It shall be unlawful for any person to hinder, molest or interfere with an Officer in the discharge of any of his duties under this Chapter.

6-3-13:    PENALTY FOR VIOLATIONS:    Any person keeping or harboring a dog within the limits of the City and found to be in violation with any provisions of this Chapter or any rule or regulation pursuant tot he provisions of this Chapter, shall be guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding three hundred dollars ($300.00), or by both.

Section 2:     All ordinances, parts of ordinances, and city codes in conflict with this ordinance are hereby repealed.

Section 3:    This ordinance shall take effect and be in full force upon its passage, approval and publication in one issue of the Idaho County Free Press, a newspaper of general circulation  in the City of Riggins, and the official newspaper of said City.

PASSED under suspension of the rules upon which a roll call vote was taken and duly enacted an Ordinance of the City of Riggins, Idaho County, Idaho at a convened meeting of the Riggins City Council held on this 15th day of January, 1991.