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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). Title 5, Chapter 3 Page 1 of 14 Revised 1-06-2023 (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. Title 5, Chapter 3 Page 2 of 14 Revised 1-06-2023 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. Title 5, Chapter 3 Page 3 of 14 Revised 1-06-2023 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 Title 5, Chapter 3 Page 4 of 14 Revised 1-06-2023 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 Title 5, Chapter 3 Page 5 of 14 Revised 1-06-2023 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. Title 5, Chapter 3 Page 6 of 14 Revised 1-06-2023 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 Title 5, Chapter 3 Page 7 of 14 Revised 1-06-2023 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 Title 5, Chapter 3 Page 8 of 14 Revised 1-06-2023 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. Title 5, Chapter 3 Page 9 of 14 Revised 1-06-2023 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. Title 5, Chapter 3 Page 10 of 14 Revised 1-06-2023 (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. Title 5, Chapter 3 Page 11 of 14 Revised 1-06-2023 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 Title 5, Chapter 3 Page 12 of 14 Revised 1-06-2023 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. Title 5, Chapter 3 Page 13 of 14 Revised 1-06-2023 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