7-1: DOGS:

7-1-1: LICENSE REQUIRED; FEES:

All fees set under this chapter shall be set by resolution of the city.

The owner or any person who is keeping or harboring a dog in the City shall pay to the Minidoka Joint Animal Control Facility for its special revenue account an annual license fee for each dog so kept or harbored in an amount as established by resolution of the Council. The license fee shall be paid to any City Clerk or at the Minidoka Joint Animal Control Facility, who shall issue in return a receipt designating the name and address of the owner or custodian paying the license fee, the number of the license tag assigned, the sex of the dog, a brief description of the dog, and the amount paid for such license.

A numbered license tag corresponding to the number listed on the receipt shall be delivered to the license applicant with a receipt.

The collecting agency shall deliver the fees collected to the Minidoka Joint Animal Control Facility monthly. The implant of a chip at the Minidoka Joint Animal Control Facility, with payment of related fee at the facility, shall waive the licensing fee for five (5) years.

The license shall be effective only to the end of the calendar year in which the same is issued. (Ord. 2026-11, 4 Aug 2026)

7-1-2: TAG AND COLLAR; TAKING UP DOGS; DOGS AT LARGE:

All dogs are required to have a tag and collar within the City.

Any City peace officer, animal control officer, or other designated person, may seize and impound any dog:

A.   Without tag and collar;

B.   At large, off the owner’s property, without an attendant or master, not securely confined or leashed whether by tether or trained voice command so that it does not stray;

C.   That threatens, aggressively intimidates or harasses, or bites any person, livestock, poultry, or domestic animal; or

D.   That defecates on the property of any other person, other than the owner, that is not immediately cleaned. (Ord. 2026-11, 4 Aug 2026)

7-1-3: CONTROL OF DOGS:

A.   Dogs Which Disturb Neighborhood: No person shall own, keep or harbor any dog which by loud, continued or frequent barking, howling or yelping shall annoy or disturb any neighborhood or person. A dog shall not be permitted to urinate or defecate upon the property of any person other than the dog’s owner, unless it is immediately cleaned. Violation of this section is an infraction punishable as provided in Section 7-1-8.

B.   Dogs at Large: Any person who permits any dog owned or possessed or harbored by him to be, or run at large without a competent and responsible attendant or master, or wilfully or negligently fails, neglects, or refuses to keep any such dog securely confined within the limits of his own premises when not under the immediate care and control of a competent and responsible attendant or master, shall be guilty of an infraction punishable as provided in 7-1-8.

C.   Vicious Dogs:

1.   Definitions:

SECURE ENCLOSURE: One from which the vicious dog cannot escape and for which exit and entry is controlled by the owner or tenant of the          premises or owner of the vicious dog.

VICIOUS DOG: Any animal which, when not physically provoked,    physically attacks, wounds, bites, aggressively chases, harasses, or             otherwise injures any person, livestock, or any domestic animal who is             not trespassing.

2.   It shall be unlawful for the owner of a vicious dog, or for the owner or tenant of premises on which a vicious dog is present, to harbor a vicious dog outside a secure enclosure.

3.   It shall be unlawful for the owner of a vicious dog, or for the owner or tenant of premises on which a vicious dog is present, to fail to maintain the enclosure so that the vicious dog cannot escape the enclosure.

4.   It shall be unlawful for any person to remove a vicious dog from a secure enclosure unless the dog is restrained in a manner sufficient to control the dog.

5.   Penalty and Sentencing: Persons guilty of a violation of any of the provisions of this subsection 7-1-3(C), shall be guilty of a misdemeanor subject to penalties of up to one hundred eighty days in jail, a one thousand dollar fine, and up to 2 years of probation. Further, at sentencing on a violation of this subsection, the court may in its discretion, in the interest of public safety, order the owner to have the vicious dog destroyed or may direct the appropriate authorities to destroy the dog. Both the prosecution and the owner of the dog may present evidence relevant to the propriety of the destruction of the vicious dog.

6.   A vicious dog may be seized and impounded during the pendency of court proceedings pursuant to 7-1-3(C).

7.   Nothing in this chapter shall preclude any civil liability as otherwise provided by law for damages or loss caused by a vicious dog to livestock, poultry, or other domestic animals.

D.   Dog Bites: Any dog which has bitten any person, livestock, poultry, or domestic animal shall be surrendered to and/or confiscated by a peace officer or animal control officer. The dog shall be inspected by a licensed veterinarian and quarantined, if necessary, as may be required under State law. No inspection or quarantine is required if reliable, current medical records are provided showing evidence of current immunizations for hydrophobia. If it is determined during the observation period that the dog has hydrophobia, the dog shall be euthanized by the veterinarian. Payment of the actual costs of inspection, keeping the dog, examining the dog, monitoring the dog’s condition during the period of observation, or euthanization will be assessed by fee. If the dog is not claimed by an owner and/or person responsible for the animal within the observation period, it shall be destroyed.

No dog which has bitten a person, livestock, poultry, or domestic animal shall be adopted out or surrendered to any third party if the owner or other person responsible for the animal is not located.

Any dog which appears likely to be suffering from rabies may be destroyed by a peace officer or animal control officer if such dog cannot be captured without exposing such officer or other persons to unreasonable risk of injury. (Ord. 2026-11, 4 Aug 2026)

7-1-4: RECLAIMING IMPOUNDED DOGS; ADOPTION; EUTHANIZATION:

All dogs taken up by a peace or animal control officer shall be delivered to the Minidoka Joint Animal Control Facility. Facility shall not refuse any dog. Dogs shall not be held at any other location, except those delivered to a veterinarian as directed by the Facility. No fostering of dogs outside the Facility is permitted. Any dog not reclaimed, adopted, or otherwise committed to an entity engaged in the legal rescue, adoption or otherwise providing homes for dogs, within twenty-one (21) days shall be euthanized.

Any dog may be reclaimed at the Minidoka Joint Animal Control Facility by the owner or other person entitled upon payment of any related fees as established by the City Council by resolution. Fees shall be paid to the Minidoka Joint Animal Control Facility and a receipt shall be issued. Fees may include bail out, vaccination, quarantine, boarding, and other related fees as established by resolution.

An unlicensed dog which will be kept or harbored within the City, upon release, shall not be released until the person reclaiming such dog has purchased a current license and any related fees as established by resolution incurred related to the dog.

After the five (5) day period for dogs taken up as found in Idaho Code 25-2804, rather than euthanizing the dog, the animal control officer may then take steps to adopt the dog to a third person. Any third person shall pay all impoundment and adoption fees against the dog and have the dog properly licensed before the dog may be surrendered to such third person.

Minidoka Joint Animal Control Facility may waive impoundment, adoption, and other fees for an entity engaged in the legal rescue, adoption, or otherwise providing homes for dogs.

Adoption to a third person is available by Minidoka Joint Animal Control Facility as provided in this section. Adoption fees shall be established by City Council by resolution. (Ord. 2026-11, 4 Aug 2026)

7-1-5: RESPONSIBILITY OF HEAD OF HOUSEHOLD:

The responsibility for compliance with all provisions of this chapter shall rest upon the head of the household at which a dog is being kept or harbored whether the ownership of such dog is claimed by a person residing in said household. The parents or guardians of minor children with whom said minor children are residing shall be deemed to be the owners of the dog of a minor child residing with them for purposes of this section. A husband and wife or two (2) or more adults living together may be jointly charged as heads of the household where a dog is kept or harbored if they fail to comply with their obligations under this chapter. (Ord. 2026-11, 4 Aug 2026)

7-1-6: INTERFERENCE WITH PERSON SEIZING DOG:

It shall be unlawful for any person to hinder or molest any police officer or animal control officer who is attempting to perform any act authorized under this chapter. (Ord. 2026-11, 4 Aug 2026)

7-1-7: ENTERING PRIVATE PROPERTY:

In the enforcement of the provisions of this chapter, any peace officer or animal control officer is authorized to enter upon private property to capture a dog running at large or to destroy a rabid or vicious dog, but the authority granted by this section does not authorize entry into any building on private property without the consent of the person entitled to control of said building. (Ord. 2026-11, 4 Aug 2026)

7-1-8: PENALTY:

Any person who shall violate any of the provisions of this chapter shall be guilty of a infraction, unless otherwise provided, and upon conviction thereof shall be punished as follows:

A.   An admission of guilt or entry of judgment to any violation shall result in a penalty of not less than fifty dollars ($50.00) plus any court costs for the first such violation.

B.   Upon a subsequent admission of guilt or entry of judgment for violation of the provisions of this chapter, a penalty of not less than one hundred dollars ($100.00) plus any court costs shall be assessed.

C.   Upon a third admission of guilt or entry of judgment for violation of the provisions of this chapter, a penalty of not less than three hundred dollars ($300.00) plus any court costs shall be assessed for each subsequent violation.

D.   Violations of 7-1-3(C), Vicious Dogs, is a misdemeanor punishable as outlined in 7-1-3(C)(5). (Ord. 2026-11, 4 Aug 2026)

7-2: ANIMALS AND FOWL:

7-2-1: DEFINITIONS:

ANIMAL OR ANIMALS: All types of animals, except for dogs.

FOWL: Every type of fowl, except for songbirds, parrots, mynah birds and that type of fowl or bird that is ordinarily caged within a single cage and kept within a dwelling house.

KENNEL, COMMERCIAL: Any lot or premises on which dogs more than four (4) months of age are housed, groomed, bred, boarded, trained or sold on a commercial basis, and which offers provisions for minor medical treatment.

KENNEL, NONCOMMERCIAL: Any person or group of people, such as a family or group of people occupying a single-family dwelling jointly, who keeps, maintains, harbors or possesses upon the premises of any one household more than two (2) dogs, but not more than four (4) dogs.

LIVESTOCK: Shall include all animals commonly or customarily referred to or known as livestock, and shall include animals kept, raised or maintained on a farm or ranch, including, but not limited to, horses, cattle, sheep, goats and all other grazing animals or other animals customarily kept for agricultural purposes.

MAY: Shall mean discretionary.

PERSON: Shall include individuals, corporations, firms, associations, partnerships and bodies politic.

SHALL: Shall be construed to mean “must” or “is”. (Ord. 2026-11, 4 Aug 2026)

7-2-2: KEEPING AND MAINTAINING WITHIN CITY LIMITS:

A.   Permit Required: No animals or fowl shall be kept or maintained within the city limits unless the person maintaining and keeping the said animals or fowl shall first obtain a permit from the city for the keeping and maintaining of the same.

B.   Exemption: However, no permit shall be required for keeping animals or fowl in a licensed auction or sale yard; provided, that such animals or fowl do not remain in said yard for more than seven (7) days.

C.   Livestock: Further, livestock may be maintained on parcels of land located in the A zone (agricultural) which are at least forty five (45) contiguous acres in size, in such numbers as are reasonable under prevailing conditions of animal husbandry, without having to comply with the remaining portions or restrictions of this chapter. This provision does not expressly or by implication negate or alter the applicability nor enforcement of the general nuisance laws of the state or the city.

D.   Kennel Licensing Provisions:

1.   License Required: It shall be unlawful to keep, maintain, harbor or possess upon the premises of any one household more than two (2) dogs unless the owner or person in charge thereof shall qualify for and obtain a noncommercial kennel license or a commercial kennel license.

2.   Applications For License; Fees; Conditions:

a.   Noncommercial Kennel License: An application for a noncommercial kennel license shall be made to the city clerk and must be accompanied by the written consent of at least eighty one percent (81%) of all persons in possession of premises within two hundred feet (200′) of the premises upon which the noncommercial kennel is to be maintained and accompanied by a deposit license fee of ten dollars ($10.00), which deposit shall be returned to the applicant if the license is not issued. The application shall state the name and address of the owner, where the noncommercial kennel is to be established, and the number of dogs. Noncommercial licenses shall be nontransferable and shall expire on December 31 of each year in which issued. When additions are made to the number of dogs for which a noncommercial kennel license is issued, the licensee shall report, within three (3) days, to the city clerk the increase; however, whenever puppies are born, such puppies shall not be counted as additions until six (6) weeks old.

b.   Commercial Kennel License: Applications for commercial kennel licenses shall be made to the city clerk and must be accompanied by a written consent of one hundred percent (100%) of all persons in possession of premises within three hundred feet (300′) of the premises upon which the commercial kennel is to be maintained and accompanied by a deposit of a license fee of ten dollars ($10.00) for the first two (2) dogs and an additional three dollars ($3.00) for each dog over two (2), which deposit shall be returned to the applicant if the license is not finally issued. The applicant shall state the name and address of the owner of the kennel, where the kennel is to be established, the number of dogs to be kept, and attached to the application shall be a detailed plan for the kennel meeting minimum state health requirements showing a dog type enclosure with runs for each dog, indicating how the kennels will be cleaned, where the water and food sources for the dogs shall be established, together with rules and regulations governing the care of the animals; provided, however, that the owner may adopt the rules and regulations of the American Kennel Club or similar organizations in lieu of providing written rules and regulations for the facility. In addition thereto, the owner shall agree that said kennels shall be cleaned not less than daily. Whenever additions are made to the number of dogs for which the kennel license has been issued, the licensee shall, within three (3) days, report to the city clerk and pay the required license fee; provided, however, that whenever puppies are born, such puppies shall not be counted as additions until six (6) weeks old. For every commercial kennel maintained for dogs registered under the rules and regulations of the American Kennel Club, it shall not be necessary to license the individual dogs, but the owner of such kennel shall pay the annual fee as stated above; provided, however, that all dogs covered by any such kennel license shall be maintained and kept within the kennel or under leash at all times.

3.   Dog Licenses Required; Exceptions: The issuance of a noncommercial kennel license shall not alleviate the necessity of obtaining an individual dog license, nor shall any of the provisions of this section be deemed to vary or alter any zoning regulations of the city. However, the requirement of obtaining a dog license for a dog is waived in the case of commercial kennels which are operated for commercial purposes to board dogs not owned by a person located on the premises or for veterinary clinics or facilities where the dog is kept for a temporary time period not to exceed six (6) months.

4.   Violation: Any person violating this section shall be deemed guilty of a misdemeanor. (Ord. 2026-11, 4 Aug 2026)

7-2-3: PERMIT FOR MAINTAINING AND KEEPING:

No permit to keep animals or fowl within the city limits shall be issued until the person so applying for such permit has furnished to the city an application for such permit, which application must show the following facts to be true:

A.   That the animals to be kept on the applicant’s premises shall be enclosed and that such enclosure is at least sixty feet (60′) from a dwelling house other than that of the applicant;

B.   That the fowl to be kept on applicant’s premises are within an adequate enclosure and that such enclosure is located at least forty feet (40′) from a dwelling house other than that of the applicant;

C.   That the enclosures provided for animals and/or fowl must be constructed so as to adequately retain the animals or fowl on the applicant’s premises and prevent any trespassing from the animals or fowl on any other property. (Ord. 2026-11, 4 Aug 2026)

7-2-4: PERMIT FEES:

No permit fee is required. (Ord. 2026-11, 4 Aug 2026)

7-2-5: CONDITIONS PERTAINING TO MAINTENANCE OF ANIMALS OR FOWL AND UNLAWFUL PRACTICES:

A.   Animals or fowl kept within the city limits shall at all times be maintained in a clean, neat and sanitary condition, free from obnoxious odors and substances and shall be confined at all times within adequate enclosures.

B.   It shall be unlawful:

1.   To permit or allow animals or fowl to create disturbances that interfere with the peace, quiet and tranquility of the community;

2.   For any person to permit dead animal or fowl bodies to remain upon any property or premises within the city limits for a period longer than twelve (12) hours;

3.   To burn any animal or fowl bodies or their refuse within the city limits;

4.   For any person to keep dilapidated or run down buildings or enclosures, or to keep a building or enclosure which emits obnoxious odors, pollution or any other substance that would be offensive to the senses of the residents of the city, or that would be dangerous to the health of such residents;

5.   For any person to keep any animal or fowl or suffer the same to remain on any premises owned or used by him in such fashion as to constitute either a private or public nuisance.

C.   No livestock shall be permitted on lots or property of less than one-half (1/2) of an acre, which must be entirely irrigated pastureland. The number of such animals that may be lawfully kept is the sum of the number of full one-half (1/2) acres contained on the parcel of land where such animals are kept. Also, no more than one of such animals and their suckling offspring may be kept or maintained per one-half (1/2) acre. Such offspring may, in any event, not be kept more than one year from birth. Nothing in this section waives or alters the other requirements of this chapter, especially referring to subsection B5 of this section. (Ord. 2026-11, 4 Aug 2026)

7-2-6: RUNNING AT LARGE:

It shall be unlawful for any person to permit, suffer or allow any animal or fowl owned by them or under their care and control to run at large or to trespass within the city limits either on public or private property. (Ord. 2026-11, 4 Aug 2026)

7-2-7: DUTY OF SHERIFF:

It shall be the duty of the Sheriff or his designated agent to take up or cause to be taken up any animal or fowl found to be running loose or at large within the city. (Ord. 2026-11, 4 Aug 2026)

7-2-8: NOTICE OF IMPOUNDING:

As soon as possible, the Sheriff or his designated agent shall notify the owner of the animal or fowl taken into custody, if such owner be known. If the animal is branded and the owner of the brand known to the Sheriff or his designated agent, he shall notify the brand owner of the fact that the animal has been impounded. If the owner of any animal or fowl is unknown, the Sheriff or his agent shall post, in three (3) public places within the city, notices describing the animal or fowl impounded and stating that if the animal or fowl is not redeemed and all charges paid within or before a certain time, stating the day and hour, which shall be not less than five (5) days from the date of impounding, that at said time and place the animal or fowl so impounded will be sold at public auction to the highest bidder for cash to pay the charges of taking up and keeping the animal or fowl. If the owner does not reclaim the animal after the giving of such notice, and if there is no bidder willing to pay, in cash, the amount of charges for taking up and keeping the animal or fowl, such animal or fowl becomes the property of the city. (Ord. 2026-11, 4 Aug 2026)

7-2-9: BRANDED ANIMALS:

If the animal impounded is a branded animal but the owner is unknown, the Sheriff shall send a registered letter to the bureau of registration for such animal, describing the animal and brand in order to seek identity of the owner. In such event, the animal shall not be sold for at least ten (10) days after the date of the mailing of the letter above specified. (Ord. 2026-11, 4 Aug 2026)

7-2-10: RECLAIMING OF ANIMALS OR FOWL BY OWNER:

If at any time prior to the time fixed for sale, the owner of any animal or fowl seized as above provided, shall claim such animal or fowl, he shall be entitled to possession thereof upon payment in cash to the city clerk in advance of such sum as herein provided for the legal charge of impounding and any expense related thereto. (Ord. 2026-11, 4 Aug 2026)

7-2-11: SALE OF IMPOUNDED ANIMAL OR FOWL:

At the time specified in the notice of sale, if the animal or fowl so impounded is not redeemed, the Sheriff or his designated agent shall sell the same to the highest bidder for cash. Upon payment by the buyer to the Sheriff of the cash amount of the bid, the buyer at the sale becomes the lawful owner of the animal and the previous owner, whether known or unknown, is fully divested of title to the said animal or fowl. Under no circumstances may any official or employee of the city become interested in, directly or indirectly, the purchase of the animal or fowl to be sold. (Ord. 2026-11, 4 Aug 2026)

7-2-12: FEES:

The city council will, by resolution, set the fees to be paid for the redemption of animals or fowl taken up pursuant to this chapter. Any actual expenses of the city incurred during the process of impounding the animal, shall be charged to the owner and shall be in addition to the impound fee set by resolution. (Ord. 2026-11, 4 Aug 2026)

7-2-13: DISPOSITION OF FUNDS:

A.   The Sheriff, upon receipt of monies tendered pursuant to the above specified auction sale, shall immediately deliver the same to the City Clerk, who shall place the same in a special fund designated as the “animal and fowl fund”.

B.   Upon proper identification of any person as the owner of any animal or fowl above sold and if there be funds remaining after the payment of the impound and other fees above specified, and within six (6) months of the date of impound, the city clerk shall turn such surplus money over to the owner of the animal or fowl so sold. However, if the owner is never located or after six (6) months no one has properly identified themself as the owner of the animal or fowl above specified, any excess funds over and above impound fee and costs of caring for the animal and for fowl as above specified and costs of sale, such excess shall be transferred from the stock fund to the general fund of the city. (Ord. 2026-11, 4 Aug 2026)

7-2-14: UNLAWFUL TO DRIVE ANIMALS INTO CITY:

It shall be unlawful for any person to drive, or cause to be driven, or induce any animal or animals to come into the city limits with the intention and purpose of having such animal either be abandoned or be impounded as herein provided. Any person knowingly committing such act or acts as above specified shall be guilty of a misdemeanor. (Ord. 2026-11, 4 Aug 2026)

7-2-15: MAINTAINING OF SWINE:

In any event, it shall be unlawful under all circumstances, except as herein provided, to maintain and keep swine within the city for any purpose whatsoever. However, this prohibition shall not apply to swine lawfully delivered to a licensed livestock auction yard and that such animal is not kept within such livestock auction yard for a period in excess of forty eight (48) hours. “Swine” shall include exotic swine kept as pets, including so called “potbellied pigs” or “Vietnamese pigs”. (Ord. 2026-11, 4 Aug 2026)

7-2-16: VIOLATION:

Any violation of any provision hereinabove, in addition to remedies provided, shall constitute a misdemeanor punishable as defined by law. (Ord. 2026-11, 4 Aug 2026)

7-2-17: APPLICATION OF CHAPTER:

With the exception of dogs, this chapter shall apply to all “animals” whatsoever and all “fowl”, as defined herein. (Ord. 2026-11, 4 Aug 2026)

7-2-18: REVOCATION OF PERMITS:

A.   The governing body of the municipality may revoke any and all permits issued by them when deemed necessary for the preservation of the public health, or the peace, quiet and tranquility of the community.

B.   All places and premises in which any of said animals are kept shall be open at all times for inspection by any officer of the municipality. If, upon inspection, there is found to exist any violation of any provision of this chapter, the person responsible for such violation shall be given a written notice specifying the violation in particular and requiring such offender to abate or correct the same within a period of twenty four (24) hours. If such violation is not abated or corrected within such period, the municipality may revoke the permit and in addition thereto, charge and prosecute such offender under the criminal provisions of this chapter. (Ord. 2026-11, 4 Aug 2026)