CHAPTER 03 Title 5 Animals
CHAPTER 3
ANIMALS
SECTION:
5-3-1: Cruel Treatment
5-3-2: Animal Fights
5-3-3: Cruel Impoundment of Animals
5-3-4: Failure to Provide Minimum/Adequate Care
5-3-5: Beating
5-3-6: Herding Animals
5-3-7: Keeping of Certain Animals Prohibited
5-3-8: Keeping or Maintaining Animals
5-3-9: Non-Conforming Uses
5-3-10: Keeping and Maintaining Animals Constituting a Nuisance
5-3-11:
Keeping of Beehives
5-3-12: Animals Running At Large
5-3-13: Impoundment of Animals
5-3-14:
Abandonment of Animals
5-3-15: Dead Animals
5-3-16: Slaughterhouse Regulations
5-3-17: Definitions
5-3-18: Sale of Dogs and Cats in Retail Stores, Prohibited
5-3-19: Sale of Animals in Public Places, Prohibited
5-3-20 Penalty
5-3-1: CRUEL TREATMENT: Any person who drives, leads, carries, or causes to be carried in or
upon any vehicle any domestic animal in a cruel or inhuman manner or knowingly and willfully
authorizes or permits it to be subjected to unnecessary torture, suffering, or cruelty of any kind, 25-
3504 Idaho Code) shall, upon conviction, be punished in accordance with section 25-3520A Idaho
Code.
5-3-2: ANIMAL FIGHTS:
(A) Every person who knowingly owns, possesses, keeps, trains, buys or sells dogs for the
purpose of a public or private display of combat between two (2) or more dogs in which the
fighting, killing, maiming or injuring of dogs is a significant feature is guilty of a felony. (25-
3507-1 Idaho Code)
(B) Every person who knowingly advertises, promotes, organizes, participates or knowingly has a
monetary interest in a public or private display of combat between two (2) or more dogs in
which the fighting, killing, maiming or injuring of dogs is a significant feature is guilty of a
felony. (25-3507-2 Idaho Code)
(C) Every person who is knowing present as a spectator at any place where preparations are
being made for an exhibition of the fighting of dogs with the intent to be present at such
preparations or to be knowingly present at such exhibition shall be guilty of a misdemeanor
(Idaho Code 25-3507-3).
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(D) Every person who participates in a public or private display of combat between two (2) or more
gamecocks in which the fighting, killing, maiming or injuring of gamecocks is a significant
feature is guilty of a misdemeanor (25-3506 Idaho Code).
(E) Every person who knowingly owns, possesses, keeps, trains, buys or sells or participates in a
public or private display of combat between two (2) or more of any animal or bird not previously
mentioned in this section, is guilty of a misdemeanor.
5-3-3: CRUEL IMPOUNDMENT OF ANIMALS:
(A) Any person who confines, or causes to be confined, any domestic animal:
1. Without supplying the animal with a sufficient quantity of good and wholesome food or
water, (25-3511 Idaho Code) shall, upon conviction, be punished in accordance with
section Idaho Code 25-3520A and is guilty of a misdemeanor.
2. Without adequate ventilation or living space, (25-3511 Idaho Code) shall, upon
conviction, be punished in accordance with section 25-3520A Idaho Code and is guilty
of a misdemeanor or
3. In any manner which subjects the animal to extreme temperatures; when such
confinement is dangerous or detrimental to the animal's health or welfare, (25-3511
Idaho Code) shall, upon conviction, be punished in accordance with section 25-3520A
Idaho Code and is guilty of a misdemeanor.
(B) If any domestic animal is so confined for more than twelve (12) hours, the designated Animal
Control Officer, upon observing the violation or by signed complaint by any individual
documenting the violation, may enter upon any place where such animal is confined, and
supply it with necessary food and water.
5-3-4: FAILURE TO PROVIDE MINIMUM/ADEQUATE CARE: Every owner or person having the
custody or control of any domestic animal who shall fail to provide proper care and attention to such
animal, (25-3511 Idaho Code) shall, upon conviction, be punished in accordance with section 25-
3520A Idaho Code and is guilty of a misdemeanor.
Nothing herein shall prevent the humane disposal of any sick, disabled, infirm, crippled or
abandoned animal.
5-3-5: BEATING: Every person who cruelly whips, beats, starves or otherwise ill-treats any animal
in his care or charge, whether belonging to him or any other person, is guilty of a misdemeanor (25-
3504 Idaho Code) shall, upon conviction, be punished in accordance with section 25-3520A Idaho
Code and is guilty of a misdemeanor.
5-3-6: HERDING ANIMALS: Any person who herds or drives any fowl, cattle, swine, goats, sheep,
horses, mules, or other animal upon any street, alley, or public way shall be guilty of an infraction.
Nothing herein shall prevent the riding of any horse or mule, or the driving of a horse, mule, ox, or
cow hitched to a carriage or conveyance, for the purpose of any public parade or exhibition.
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5-3-7: KEEPING OF CERTAIN ANIMALS PROHIBITED: Except as provided and allowed in an
RE or Animal Overlay (AO) zone or by prior established non-conforming use, any person who keeps
or maintains any horse, mule, ox, cow, swine, goat, sheep, fowl, bison, llama, or other domestic
animal of a related nature or any person who keeps any feral, poisonous, dangerous, or fetid animal
within the City is guilty of an infraction.
Nothing herein shall prohibit the keeping or maintenance of any domestic dog, cat, bird, or fish, or
any such household pet which shall not present a danger, menace, or nuisance to other residents.
Nothing herein shall prohibit the keeping or maintenance of such described animals within any
public zoo, circus, exhibition, pet show, pet store, veterinarian clinic, auctioneering business, or in
any duly licensed business dealing in livestock, provided the operators thereof shall have first
obtained a license under the provisions of this Code and being subject always to the provisions of
all laws relating to nuisances.
5-3-8: KEEPING OR MAINTAINING ANIMALS: It shall be unlawful to keep and maintain swine
within the City limits, other than as provided in Section 5-3-7 hereinabove. It shall be unlawful to
keep, maintain, stable, or pasture any horse, mule, ox, cow, swine, goat, sheep, fowl, bison, llama,
or other domestic or feral animal of related nature except as provided in the RE or Animal Overlay
(AO) zones and under the following conditions which shall apply therein, or by prior established,
non-conforming use. Any person violating the provisions of this section shall be deemed guilty of an
infraction.
(A) That the livestock or fowl may be maintained for pasturing upon any lot or area which shall be
adequately and securely fenced or otherwise enclosed to prevent any such animal or fowl from
becoming loose or straying or in reaching over or through such fence or enclosure under all
normal and reasonable conditions; providing further, that upon any lot on which there is a
dwelling house located, such area in which animals, livestock, or fowl are maintained and
pastured must not be on that portion of said lot and area which is a yard or lawn appurtenant to
the dwelling, and in an Animal Overlay (AO) Zone must not be in any area to the side or front
of such dwelling; and provided further, that upon any unimproved lot, the whole thereof may be
pastured but the same shall be adequately and securely fenced as above stated.
(B) That in pasturing of such areas as provided in the preceding and next subsections, no more
than the number of livestock that can be pastured with the amount of pasturage then available
upon such area, under the conditions and circumstances of such area and lot then existing,
with only normal and reasonable supplemental feeding, may be kept or maintained upon such
area at any one time.
(C) That no livestock or fowl shall be kept and maintained where the normal pasturage grown shall
not maintain the same and where feeding is necessary except when the portion of the lot, area,
or parcel where pasturage is permitted by the zone wherein it is contained consists of:
For lots, area, or parcels in the Animal Overlay (AO) Zone: no less than seven thousand
(7000) square feet of area per one (1) one animal or 25 fowl.
For lots in the RE Zone: No less than one half (%) acre (twenty-one thousand, seven
hundred eighty \[21,780\] square feet) of area per one (1) animal. No more than fifty (50) total
fowl or small animals.
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Provide further, that in an Animal Overlay (AO) Zone such pasturing and feeding and
maintaining and keeping of said animals shall be done only on the rear one-half of said lot
and that any feeding area, resting, or loafing area or shed, barn, or stable shall be no
closer than 100 feet from any dwelling home or residence, other than the dwelling home or
residence of the owner or such animals or livestock.
(D) No person or persons keeping, maintaining, stabling, or pasturing animals or fowl herein
provided shall allow any accumulation of manure or refuse to the extent that the same
constitutes a nuisance or hazard in such area and any such area shall at all times be
maintained and kept by such person or persons in a clean and neat manner so as not to be
objectionable to, nor to constitute a nuisance to, the inhabitants and residents of the City; to
cause no undue odors or hazards, and to be kept and maintained in a manner to conform to all
applicable health and sanitary laws, rules, and regulations of the State of Idaho, County of
Bonneville, and City of Ammon now existing or hereafter enacted.
(E) Nothing within the contents of this chapter shall prohibit the keeping or maintenance of
domestic hens as allowed below:
1. The keeping of domestic hens is hereby permitted within the following residential
zones within the City subject to the provisions of this section: R1, R1A, RP, RPA,
R2 (the R2 zone is limited to those properties developed as townhomes and shall
not pertain to properties built and/or developed as apartments as defined in Title
10, Chapter 2 (10-2-1) of the City Code). The keeping of such hens is allowed only
when the primary use is for the production of eggs.
2. Domestic hens shall be allowed on any single family residentially zoned lot,
meeting the terms of this chapter and with the following restrictions:
(A) On any lot with a detached home a maximum of six (6) domestic hens
shall be allowed.
(B) On any lot with an attached home a maximum of three (3) domestic hens
shall be allowed.
3. All buildings, shelters or enclosures used for the purpose of housing or sheltering
domestic hens shall be located no less than twenty feet (20') from the primary
residence located upon the lot or parcel for such uses and no less than twenty feet
(20') from any primary residence located upon an adjacent lot to the parcel for such
uses.
4. The side yard requirements of any building, shelter or enclosure used for domestic
hens shall meet the minimum side yard requirement of the zone and/or lot in which
the structure or fence is located. The side yard requirement shall be as defined in
Title 10, Chapter 2 (10-2-1) of the City Code. For lots containing townhomes with
zero lot line divisions, the side yard required shall be the minimum distance
allowed for the side yard not considered to be a zero lot line.
5. All buildings, shelters or enclosures used for the purpose of housing or sheltering
domestic hens shall be located in the rear yard of the property as defined in Title
10, Chapter 2 (10-2-1) of the City Code.
6. Domestic hens shall at all times be kept within a secure enclosure having a total
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area of not less than six (6) square feet per domestic hen. Domestic hens shall not
be kept within any building or structure designed for human occupancy.
(A) In addition to the above requirement, there shall also be a coop
provided for nesting. This area shall be a minimum of two (2) square feet
per domestic hen. The coop area may be elevated within the required
enclosure area or included as an attachment to the enclosure. If elevated
there must be a minimum of eighteen (18) inches between the bottom of
the nesting area and the ground within the enclosure.
7. The area within which domestic hens are kept shall be cleaned and maintained in a
manner that does not unreasonably attract flies, emit foul or objectionable odors or
create a public health hazard nor shall the keeping of domestic hens disturb the peace
of the adjoining properties or otherwise constitute a nuisance. Any building, structure or
coop used for housing domestic hens shall provide adequate ventilation to prevent
excessive odors or create a public health hazard.
8. Hens shall have access to feed and unfrozen water at all times.
9. All domestic hens found running at large are declared to be a nuisance, and it shall
be the duty of the Animal Control Officer to confiscate the same. Domestic hens
picked up by the Animal Control Officer shall be confined at the animal control
shelter for twenty-four (24) hours; after such time the Animal Control Officer may
release said hen(s) to any person(s) who can show the ability to provide the
immediate care and shelter required for said hen(s) or at the discretion of the
Animal Control Officer dispose of said hen(s).
10. Nothing in section 5-3-8-(E) shall disallow any animal overlay or zoning that may
allow for additional domestic hens as provided in another portion of section (5-3-8).
11. Under no circumstances shall the allowances within this chapter be perceived to
allow any rooster within the City.
12. An animal control officer shall be authorized to inspect any property where hens
are kept upon receipt of any complaint or observation that the requirements of this
section have not been met.
5-3-9: NON-CONFORMING USES: Any prior established non-conforming use for the
keeping and maintenance of animals may be continued within the scope of the prior use but
subject to all provisions relative to the maintenance and keeping of said animals without creating a
nuisance. Any non-conforming use which becomes abandoned or is discontinued for a continuous
period of one (1) year shall not thereafter be entitled to further use for the maintenance and
keeping of animals but will be subject to all other provisions of this Code relative thereto. Any
person violating the provisions of this section shall be deemed guilty of an infraction.
5-3-10: KEEPING AND MAINTAINING ANIMALS CONSTITUTING A NUISANCE: No
provision of this Code shall allow any person or persons within the City to maintain and keep
animals in a manner which shall constitute a nuisance. Any act which shall constitute a nuisance
shall subject the violator thereof to the provisions of this Code and the laws of the State of Idaho
for a violation thereof or for an abatement, but nothing shall be herein construed to limit the right of
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any citizen or any person to bring an action for any civil damages alleged to be maintained.
5-3-11: KEEPING OF BEEHIVES:
(A) Purpose. The purpose of this Section is to protect the public health and safety by
establishing terms and conditions under which domestic honeybees and beehives may be
kept within the City.
(B) Definitions. For the purposes of this Chapter, certain terms shall have the meanings
ascribed below:
Apiary. Any place where one or more colonies of honeybees are located.
Beekeeper. A person who owns or has charge of one (1) or more colonies of honeybees.
Colony. Honeybees in a hive including queens, workers, and drones.
Hive. A frame hive, commonly referred to as a Langstroth Hive, or a Top Bar hive, which
has removable frames.
Honeybee. The common domestic honeybee. Apis mellifera species, at any stage of
maturity, but excluding the African honeybee, Apis mellifera scutelata species.
Owner. Any person or entity who owns, leases or controls a parcel of real property upon
which an apiary is kept.
(C) Beekeeping Allowed. No Beekeeper or Owner shall place, keep, or allow any apiary or
colony of bees in or upon any parcel of real property located within the City
unless such apiary conforms to the provisions of this Section.
(D) Terms and Conditions. All apiaries or colonies of honeybees kept within the City shall
conform to the following terms and conditions:
The apiary or colony shall be allowed by lot size as follows:
1. Two (2) hives on lots that are a minimum of eight thousand (8,000) square feet up to
and including eleven thousand nine hundred and ninety-nine (11,999) square feet; or
2. Three (3) hives on lots 12,000 square feet or greater.
Lot size calculations shall be based on the size of a lot as shown or calculated from a recorded
plat or as determined by using the Bonneville County Assessor records, in cases when a lot
has not been platted.
3. The apiary or colony is maintained only in a side or rear yard of a residential lot.
Apiaries or colonies shall not be kept or maintained in a commercial or industrial zone.
4. Honeybees shall be kept in hives with removable frames and shall be kept in sound
and usable condition.
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5. Hives shall be placed no less than seven feet (7') from any property line and at least
six inches (6") above the ground, measured from the ground to the lowest portion of
the hive. Hives shall not be placed within thirty feet (30') of any dwelling, porch,
gazebo, swing set, sandbox, playground equipment, deck or swimming pool, unless
the owner of such dwelling, equipment or property has given written consent for hive
placement.
6. If any hive is located within thirty feet (30') of an adjacent property line, a fence, closed
hedge, building or other impervious barrier no less than six feet (6') high and twenty
feet (20') in length and shall be located between the hive and the adjacent property
line.
7. A fresh water supply will be maintained at all times, except during winter months when
the bees are hibernating, within fifteen feet (15') to twenty-five feet (25') of the apiary in
order to prevent the bees from congregating at neighboring water sources.
8. No species of bee is kept other than Apis mellifera.
9. Queens shall be selected from stock bred for gentleness and non-swarming
characteristics.
10. lf the colony exhibits unusually aggressive behavior or when the colony includes
Africanized bees, the beekeeper or owner shall promptly remove or re-queen the
colony.
11. All hives shall have a legible identification label securely fastened thereupon bearing
the name and telephone number of the beekeeper who owns the hive.
12. All apiaries or colonies shall comply with the Idaho State Bee Inspection statute and
other applicable state laws.
13. All beekeepers must register each hive with the City of Ammon who shall then provide
the required information to the Idaho Falls Animal Shelter. This registration shall
include the name of the beekeeper, the mailing address of the beekeeper, the phone
number of the beekeeper and the physical address of where each hive under the
beekeeper's control is located.
Any person violating the provisions of this section shall be deemed guilty of an infraction.
5-3-12: ANIMALS RUNNING AT LARGE: Any owner or custodian of any animal, other than
a domestic cat, who permits or allows such animal to run at large within the City, is guilty of a
misdemeanor. For the purposes hereof, the term "running at large" means off the premises of the
owner or custodian of the animal and not under his or her immediate control.
5-3-13: IMPOUNDMENT OF ANIMALS: The Animal Control Officer or their authorized
representative shall impound or confine any animal found running at large within the City. Any
animal so impounded or confined shall be provided with the proper care, food, or water. The care,
disposal, release, sale, or destruction of any animal so impounded shall be conducted in a like
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manner as set forth in Chapter 3, Title 5, of this Code. Prior to the release of any animal
impounded at the City Pound, the owner or custodian thereof shall pay an impound fee determined
by a schedule of fees adopted by the City Council by resolution which may be amended from time
to time or fees as set by an agency contracted by the City to impound animals.
5-3-14: ABANDONMENT OF ANIMALS: It shall be unlawful for any person to abandon any
animal or to cause an animal to be abandoned as defined in section 5-3-15 of this code (25-3504,
Idaho Code).
The Animal Control Officer is authorized to impound any animal which appears to be abandoned.
Impoundment may occur only after the Animal Control Officer has posted a conspicuous notice, at
the place where the animal appears to be abandoned, indicating that the animal appears to be
abandoned and that it may be impounded. Such notice must be posted every twenty-four (24)
hours. When seventy-two (72) hours have passed, at least two (2) notices have been posted, and
the animal has remained abandoned, the Animal Control Officer is then authorized to impound the
animal. The Animal Control Officer shall leave at the place where the animal was abandoned a
conspicuous notice stating where the animal has been impounded, and the reason for
impoundment.
5-3-15: DEAD ANIMALS: No person shall deposit any dead animal or fowl on any City
street, alley, sidewalk, or right-of-way or on any private lot within the City not owned or occupied by
that person. No person shall cause or allow any dead animal or fowl to remain for an unreasonable
length of time on any property owned or occupied by that person and located within the City.
Any violation of this section shall be deemed an infraction and subject to section 1-4-2 of the
Ammon City Code. Each day such violation continues, shall be a separate violation, which shall be
deemed as a separate infraction and a citation may be issued therefore.
5-3-16: SLAUGHTERHOUSE REGULATIONS: Every owner, lessee, tenant, or occupant
of any slaughterhouse, stable, building, structure, or stall in which any animal or fowl is killed or in
which any animal or fowl is kept, or of any place in which offal, manure, or any liquid discharge of
any animal or fowl collects or accumulates shall promptly remove such offal, liquid, or manure to a
proper place and shall at all times keep such slaughterhouse, stable, building, structure, or stall in
a clean and wholesome condition and reasonably free from offensive smells.
Any person violating the provisions of this section shall be deemed guilty of a misdemeanor.
5-3-17: DEFINITIONS: Certain words and terms used in this chapter shall be as defined
below and shall also apply, as applicable to the definitions for Title 5, Criminal Code, Chapter 4,
Dogs of this City Code.
ABANDON: To completely forsake and desert an animal previously under the custody or
possession of a person without making reasonable arrangements for its proper care, sustenance
and shelter.
ADEQUATE CARE: Care of animal to include, but not be limited to, a clean, safe shelter that
provides protection from the weather, sufficient heat and ventilation, wholesome food and water,
proper veterinary care and exercise consistent with the normal requirements and feeding habits of
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the animal's size, species, and breed.
ANIMAL CONTROL OFFICER: Any duly appointed and acting officer of the Bonneville County
Sheriff's Office or the City of Ammon or any person designated by the Bonneville County Sheriff's
Office or the City of Ammon to carry out provisions of this chapter.
ANIMAL CONTROL SHELTER: Any premise, lot, or building designated by the City for the
purpose of impounding and caring for animals held under authority of the Chapter or Title.
ANIMAL SERVICES MANAGER: The person, official or their designee, in charge of operating and
maintaining the Animal Control Shelter.
AT LARGE: An animal shall be deemed to be at large when found to be located off the property of
the owner and not under restraint or control.
CONFINEMENT: An animal shall be considered confined when the animal is in a secure and/or
enclosed boundary. An animal shall be considered to be confined when it is shut or locked inside a
vehicle, dog run, garage or other enclosed area.
CRUEL OR CRUELTY: Any of all of the following:
(A) Intentional and malicious infliction of pain, physical suffering, injury or death upon an
animal;
(B) To maliciously kill, maim, wound, overdrive, overload, drive when overloaded, overwork,
torture, torment, deprive of necessary sustenance, drink or shelter, cruelly beat, mutilate or
cruelly kill an animal;
(C) To subject an animal to needless suffering, inflict unnecessary cruelty, drive, ride, or
otherwise use an animal when same is unfit;
(D) To abandon an animal;
(E) To negligently confine an animal in unsanitary conditions or to negligently house an animal
in inadequate facilities; to negligently fail to provide sustenance, water, medical care or
shelter to an animal.
DOG: AT RISK: Any dog that menaces, chases, displays threatening or aggressive behavior or
otherwise threatens or endangers the safety of any person or causes physical injury to any
domestic animal while at large or repeatedly runs at large.
DOG: DANGEROUS: Any dog that has previously been classified as at risk and exhibits
escalating aggressive behaviors that result in further complaints, or a dog that, without
provocation, inflicts injury on a human being or menaces, maims or kills domestic animals when off
its owner's property or is used in the commission of a crime, including but not limited to animal
fighting or guarding illegal operations.
DOG: OF LICENSING AGE: Any dog which has attained the age of four (4) months that is kept as
a household pet.
DOMESTIC ANIMAL: An animal, other than livestock or equines, that is owned or possessed by a
person.
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ENCLOSURE: A fence or structure suitable to prevent the escape of the animal or the entry of
young children.
FOOD (ADEQUATE): Food that is not spoiled or contaminated and is of sufficient quantity and
quality to meet the normal daily requirements for the condition and size of the animal and the
environment in which it is kept. An animal shall be fed or have food available at least once each
day, unless a licensed veterinarian instructs otherwise, or withholding food is in accordance with
accepted agricultural or veterinarian practices.
HARBORING: The keeping of any dog. The occupant of any premises on which a dog remains, or
to which it customarily returns for food and care, for seven (7) consecutive days or more, is
presumed to be harboring or keeping the dog within the meaning of this Chapter.
HEALTH OFFICER: An official of the Department of Health, State of Idaho.
HEN, DOMESTIC: A common domestic hen (domesticus gallus gallus) for the purpose of domestic
egg production or as a domestic pet.
IMPOUNDED: Having been received into custody of the Municipal Pound or into the custody of the
Animal Control Officer, Police Department, or any authorized agent or representative
thereof.
KENNEL: Any place other than a veterinary hospital where three (3) or more dogs over three (3)
months of age are kept for any purpose, or where dogs are received for boarding and care.
LEASH: A cord, thong, leash, or chain not more than eight (8) feet in length by which a dog is
controlled by the person accompanying it.
LIVESTOCK: Includes but is not limited to horses, mules, jackasses, cattle, llamas, alpacas,
sheep, goats, swine, domesticated fowl and any fur-bearing animal bred and maintained
commercially or otherwise, within pens, cages and hutches
MINIMUM CARE: The care sufficient to preserve the health and well-being of an animal and
except for emergencies or circumstances beyond the reasonable control of the owner includes, but
is not limited to, the following requirements:
(A) Food of sufficient quantity and quality to allow for normal growth or maintenance of
body weight and health.
(B) Open or adequate access to potable water in sufficient quantity and cleanliness to
satisfy the animal's needs. Snow or ice or rain is not an adequate water source. All
containers used to provide food and water should be designed to prevent spillage.
(C) Adequate shelter as defined in this section, and as appropriate adequate dry
bedding to protect against cold and dampness. Some portion of a shelter provided
for a dog shall include a floor appropriate for the size of the dog, and also a barrier
or door at the opening which will protect the dog from severe wind, snow and rain.
(D) Professional/Ferrier/Veterinary care necessary to relieve distress from injury, neglect
or disease.
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(E) Pet or domestic animals shall not be confined to an area without adequate space for
exercise necessary for the health of the animal or which does not allow access to a
dry place for the animal to rest. Confinement areas must be kept reasonably clean
and free from excrement or other contaminant which could affect the animal's health.
(F) Grooming when lack thereof would adversely affect the health of the animal.
NECESSARY VETERINARY CARE: Necessary medical attention shall include but not be limited
to medical treatment for illness, injury, disease, excessive parasitism, or malformed or overgrown
hoof.
NEUTERED/SPAYED DOG: Male or female dog rendered incapable of reproducing offspring.
Proof of such sterilization must be evidenced by the certificate of a licensed veterinarian.
NUISANCE ANIMAL: A nuisance animal is one that:
(A) Frequently runs at large.
(B) Damages, soils, or defecates on private property other than property owned or
controlled by the animal owner or on public walks and recreation areas unless such
waste is immediately removed and properly disposed of by the animal owner or
handler.
(C) Causes a disturbance by excessive barking or other noise making.
(D) Chases vehicles, or molests, attacks or interferes with persons or other domestic
animals on public property or private property not owned or in control of the animal
or handler.
OFFICER: As used in this Chapter, any police officer or any person designated by the Bonneville
County Sheriff or the City of Ammon as an Animal Control Officer.
OWNER. CUSTODIAN, OR KEEPER: A person, including any firm, association, partnership, or
corporation, or their agents, having the right of property or custody of an animal or who keeps or
harbors an animal or knowingly permits an animal to remain on or about any premises occupies,
owned, or controlled by that person.
POUND: The Animal Control Shelter
PRIMARY LIVING AREA: An area where an animal is housed for twelve (12) hours or more
during a twenty-four (24) hour period.
RESTRAINT: Used with respect to a dog or a cat means:
(A) Kept in a secure enclosure;
(B) Kept under the direct physical control of the owner or handler by a leash,
cord, chain, or similar direct physical control;
(C) Confined within the real property limits of its owner by use of a leash, cord, chain, or
similar device, fence, or vehicle in a manner that prevents escape.
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SHELTER (ADEQUATE): A structure, which protects the animal from injury and environmental
hazards including but not limited to rain, snow, sun and wind. Said structure should include an
enclosure of at least three (3) sides, and a roof, be accessible by the animal and of sufficient size
and nature so as to provide the animal with reasonable protection.
Examples of inadequate shelter includes, but are not limited to the following:
1. Underneath outside steps, decks and stoops
2. Underneath houses
3. Inside or underneath motor vehicles
4. Inside metal or plastic barrels
5. Inside cardboard boxes
6. Inside temporary animal carriers or crates
SPAYED/NEUTERED DOG: Male or female dog rendered incapable of reproducing offspring.
Proof of such sterilization must be evidenced by the certificate of a licensed veterinarian.
TETHER/TETHERING: The practice of securing a dog to a stationary object by means of a rope,
metal chain, coated steel cable or any other device used to keep an animal restrained. This does
not refer to periods when animals are being walked on a leash or for temporary grooming or other
professional service.
TORTURE: Every act, omission or commission whereby the willful and malicious infliction of pain
or suffering is caused, permitted or allowed to continue when there is a reasonable remedy or
relief. The term torture shall not include normal or legal practices as defined in section 25-3514
Idaho Code.
UNDER CONTROL: Restrained, by means of a leash, to the owner or other person's immediate
proximity; preventing a dog from trespassing upon the property of others or annoying or chasing
other persons, animals, or vehicles.
UNLICENSED DOG: Any dog for which an Ammon City license has not been issued for the
current year as required by Chapter 4 Section 2 of the City Code, or to which the tag provided for
in Chapter 4 Section 5, is not attached.
VACCINATION: The inoculation of a dog for rabies as required in Title 5, Chapter 4, Section 9 (E)
of the City Code.
VETERINARY CLINIC OR HOSPITAL: Any establishment maintained and operated by a licensed
veterinarian for the boarding of animals or the diagnosis, treatment, and care of diseased or injured
animals.
WATER (ADEQUATE): Fresh, potable water provided at suitable intervals for the species, and
which, in no event, shall exceed 24 hours at any interval.
5-3-18: SALE OF DOGS AND CATS IN RETAIL STORES, PROHIBITED:
(A) It shall be unlawful for any person to display, offer for sale, deliver, barter, auction, give away,
transfer, or sell any live dog or cat of any age in a retail business or other commercial
establishment located in the City of Ammon, except for dogs and cats obtained from an animal
shelter, humane society, or non-profit animal rescue organization that does not breed dogs or
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cats, or obtain dogs or cats from a person who breeds or resells such animals for payment or
compensations.
(B) All establishments lawfully selling, or boarding for the purpose of eventual sale, dogs or cats
shall maintain a certificate of source for each of the animals and make it available upon
request to enforcement officers, law enforcement, or any other City employee charged with
enforcing the provisions of this section.
(C) This Section shall not apply to the sale of dogs or cats from the premises on which they were
bred and reared.
Any violation of this section shall be deemed a misdemeanor.
5-3-19: SALE OF ANIMALS IN PUBLIC PLACES, PROHIBITED:
(A) It shall be unlawful for any person to display, offer for sale, deliver, barter, auction, give away,
transfer, sell or otherwise transfer ownership of any animal to another upon a street, sidewalk,
public park, public right-of-way, or other public place. The term public place shall include, but is
not limited to, parks, streets, alleys, highways, sidewalks, parking lots, areas exterior to shops
or businesses, carnivals, or other public rights-of-way within the City.
(B) The prohibitions of this section shall not apply when the transfer of ownership is conducted by
an enforcement officer, law enforcement, or any other City employee charged with enforcing
the provisions of this section, animal shelter or a non-profit animal rescue organization.
(C) This Section shall not apply to the sale of dogs or cats from the premises on which they were
bred and reared.
Any violation of this section shall be deemed a misdemeanor.
Definitions. For the purposes of this section, the following words shall have the following meanings:
Animal Rescue Organization- A non-profit corporation that is exempt from taxation under Section
501(c)(3) of the Internal Revenue Code and which participates in early age spay/neuter of animals;
complies with State and local laws regarding the humane treatment of animals; and whose mission
and practice is, in whole or in significant part, the rescue and placement of animals in permanent
homes; or any non-profit organization that is not exempt from taxation under Internal Revenue
Code section 501 (c)(3) but is currently an active rescue partner with a City or County animal
shelter or humane society, whose mission is, in whole or in significant part, the rescue and
any entity that breeds
animals or that is located on the same premises as; has any personnel in common with; obtains, in
exchange for payments or any other form of compensation, dogs or cats from; or facilitates the
sale of dogs or cats obtained from a person that breeds animals.
Animal Shelter- Any facility owned or operated by a governmental entity or any animal welfare
organization which is incorporated within the state of Idaho for the purpose of preventing cruelty to
animals and used for the care and custody of seized, stray, homeless, quarantined, or abandoned
dogs, cats or other small domestic animals.
Pet Store- A retail store where animals are kept, sold, or offered for sale on the premises. This
term shall include any owner or operator of the business. An animal rescue organization or animal
shelter, as defined in this section, shall not be considered a pet store.
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Certificate of Source- Any document from the source city or county animal shelter, humane
society, or non-profit animal rescue organization declaring the source of the dog or cat on the
premises of the pet store, retail business, or other commercial establishment.
5-3-20: PENALTY:
(C) INFRACTION: Any violation of the provisions of this chapter deemed to be an infraction
shall be subject to penalties prescribed for such violations under section 1-4-2 of this code,
subject to the provisions of Idaho Code 18-111. Each day of the violation shall be
considered a separate offense and shall be punishable by separate fines and imprisonment
as provided for herein.
(D) MISDEMEANOR: Any violation of the provisions of this chapter deemed to be a
misdemeanor shall be subject to penalties prescribed for such violations under section 1-4-1
of this code, subject to the provisions of Idaho Code 18-111 and shall, upon conviction, be
punished in accordance with section 25-3520A, Idaho Code.
Title 5, Chapter 3 Page 14 of 14 Revised 1-06-2023