ORDINANCE NO._______
BY THE COUNCIL:
BISTERFELDT, CLEGG, EBERLE,
JORDAN, MAPP, AND SHEALY
AN ORDINANCE AMENDING TITLE 6, CHAPTER 7, OF THE BOISE CITY
CODE (ANIMALS) TO REQUIRE THE HUMANE SHELTER TO HOLD ONE PUBLIC
MEETING WHENEVER PROPOSING CHANGES TO THIS CHAPTER; AND
AMENDING TITLE 6, CHAPTER 7, SECTION 6 BOISE CITY CODE REGULATING
WILD ANIMALS TO PROHIBIT HARBORING, KEEPING, MAINTAINING, OR
POSSESSING CERTAIN LISTED MAMMALS, BIRDS, REPTILES, AND INSECTS;
PROHIBITING IN THE SAME MANNER ANY ILLEGALLY-IMPORTED ANIMALS
AND ANIMALS THAT ARE LISTED ON A STATE OR FEDERAL LEVEL AS
THREATENED OR ENDANGERED; ALLOWING AN EXEMPTION FOR CERTAIN
INSTITUTIONS AND PROPERLY LICENSED REHABILITATORS, BREEDERS, OR
EXHIBITORS; AND AMENDING TITLE 6, CHAPTER 7, SECTION 37 SETTING
FORTH PENALTIES FOR VIOLATIONS OF THE CHAPTER BY ADDING THE
PENALTIES PREVIOUSLY DESCRIBED IN SECTION 5 FOR COMMANDING DOGS
TO ATTACK AND INTERFERING WITH ANIMAL CONTROL OFFICERS; AND
APPROVING A SUMMARY OF THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boise City and the Humane Shelter agree that requiring the
Humane Shelter to hold a public meeting prior to proposing any ordinance changes is the best
means to facilitate meaningful input and discussion by city residents of developments in the
city’s animal regulations; and
WHEREAS, the City of Boise City recognizes a need to address the increasing incidence
of importation of certain dangerous mammals, birds, reptiles, and insects into the city; and
WHEREAS, the City of Boise City recognizes that in the absence of proper care and
supervision by their owners or handlers, certain mammals, birds, reptiles, and insects constitute a
potential danger to the health and safety of residents of the city; and
WHEREAS, prohibiting the possession, maintenance, and control of certain dangerous,
threatened, or endangered animals by those other than veterinarian hospitals, medical or
educational institutions, or properly licensed rehabilitators, breeders, or exhibitors will further
achieve such goals; and
O-62-04
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WHEREAS, the City of Boise City finds it is appropriate to list all penalties for
violations of Chapter 7 into one section of the Boise City Code; and
WHEREAS, pursuant to Idaho Code §50-302 the City of Boise is vested with the
authority to make all such ordinances as may be expedient and enforce its ordinances by fine
including an infraction and misdemeanor.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF BOISE CITY, IDAHO:
Section 1: That Title 6, Chapter 7, Section 5, Boise City Code shall be amended to read
as follows:
6-07-05 PENALTIES PUBLIC MEETING REQUIRED
Violation of Sections 6-7-3 and 6-7-4 is punishable by a maximum Three Hundred Dollar
($300.00) fine or six (6) months jail, or both. Regardless of the form of judgment, the Court
shall impose a minimum mandatory ten (10) days jail. Prior to the submission of any proposed
changes to this Chapter by the Humane Shelter, the shelter shall be required to hold a meeting
which provides the public an opportunity to review the proposed ordinance changes. All Boise
City residents shall be allowed to attend the meeting. Failure to hold a public meeting shall
make any proposed changes to this chapter by the Humane Shelter voidable.
A. NOTICE
The Humane Shelter shall give notice of this meeting to Boise City residents by publication once
in the Idaho Statesman newspaper not less than seven (7) calendar days prior to the meeting.
The advertisement shall state that the Humane Shelter will hold a meeting on a certain day, time,
and place fixed, for the purpose of hearing public comments regarding any proposed changes to
this chapter by the Humane Shelter, and to explain the reasons for such action.
B. LOCATION AND TIME
The location of the meeting shall be within Boise City limits. The meeting shall be held Monday
through Thursday, excluding legal holidays, and start between 6:00 P.M. and 8:00 P.M. The
meeting shall be held not more than six (6) months nor less than five (5) calendar days prior to
submittal of the proposed changes to the Boise City Council.
Section 2: That Title 6, Chapter 7, Section 6, Boise City Code shall be amended to read
as follows:
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6-07-06 WILD ANIMALS, PROHIBITED
A.
It shall be unlawful for any person to harbor, keep, maintain or possess within the city ,
any of the following wild animals: as determined by the Director of Parks and passed by
resolution of the Boise City Council. A listing of prohibited wild animals shall be kept at the
Clerk's Office.
MAMMALS
1. All members of the family Felidae (cat family) except domesticated cats.
2. All members of the family Canidae (dog family) except domesticated dogs.
3. All non-human primates.
4. All members of the order Insectivora except hedgehogs.
5. All rodents except domestic rats, mice, guinea pigs, hamsters, gerbils, and
squirrels not otherwise restricted by federal law.
6. All marine mammals, including but not limited to whales, dolphins, and seals.
7. All animals from the order Xenarthra, including giant anteaters, sloths,
tamanduas, armadillos, and pangolins.
8. All members of the family Procyonidae, except the raccoon native to Idaho
(Procyon lotor).
9. All members of the family Mustelidae except domestic ferrets (Mustela
putorious).
10. All civets, meerkats, and members of the family Vivirridae.
11. All marsupials except Virginia opossum, sugar gliders, and bettongs.
12. All members of the family Hyaenidae, including but not limited to hyenas
and aardwolves.
13. All members of the order Tubulidentata (aardvarks).
14. All members of the order Hyracoidae (hyraxes).
15. All hoofed animals belonging to the orders Perrisodactyla and Artiodactyla
except domesticated farm or pack animals.
BIRDS
16. Ostriches
17. Cassowaries
18. Penguins of any kind
19. Cranes of any kind
20. Flamingos
21. Hornbills
22. Herons and their relatives from the order Ciconiiformes
23. All birds of prey from the order Falconiformes
24. All owls from the order Strigiformes
REPTILES
25. Sea turtles of any kind
26. Aldabra or Galapagos tortoises
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27. Komodo dragons
28. All members of the order Crocodilia
29. Wild-caught Gila monsters and beaded lizards
30. Elapids (family of venomous snakes) except North American species, such as
coral snakes, that are housed under state guidelines.
31. Viperids (family of venomous snakes) except North American species,
including but not limited to rattlesnakes, cotton mouths, and copperheads, that are
housed under state guidelines.
32. Tuataras
33. Anacondas
INSECTS
34. All insects listed as agricultural pests by the USDA and Idaho Department of
Agriculture.
B.
All animals listed as threatened or endangered on either a state or federal level and all
illegally-imported animals shall be prohibited in the same manner as those listed above.
C.
The provisions of sections A and B above shall not apply to the keeping of such animals
by any bona fide licensed veterinary hospital for treatment, bona fide educational or medical
institutions, museums, or by rehabilitators, breeders, or exhibitors who are properly licensed or
permitted by the City, the Idaho Department of Agriculture, the U.S. Fish and Wildlife Service,
or U.S. Department of Agriculture.
Section 3: That Title 6, Chapter 7, Section 37, Boise City Code shall be amended to read
as follows:
6-07-37 VIOLATIONS; PENALTY
A.
Violation of Sections 6-7-3 and 6-7-4 is punishable by a maximum three hundred dollar
($300.00) fine or imprisonment in the County jail for a term not to exceed six (6) months, or
both. Regardless of the form of judgment, the Court shall impose a minimum mandatory ten
(10) days jail.
B.
Any person violating any of the provisions of this chapter for which a fixed penalty had
not been designated is guilty of a misdemeanor which is punishable by a fine not to exceed three
hundred dollars ($300.00) or by imprisonment in the County jail for a term not to exceed six (6)
months, or by both such fine and imprisonment.
Section 4: That the summary of the foregoing ordinance, attached hereto as Exhibit A, is
hereby adopted and approved.
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Section 5: That this ordinance shall be in full force and effect from and after its passage,
approval and publication.
PASSED by the Council of the City of Boise City, Idaho, this _____ day of
_____________, 2004.
APPROVED by the Mayor of the City of Boise City, Idaho, this _____ day of
_____________, 2004.
ATTEST:
APPROVED:
_______________________________
CITY CLERK
_______________________________
MAYOR
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STATEMENT OF BOISE CITY ATTORNEY
AS TO ADEQUACY OF SUMMARY
OF ORDINANCE NO. _____
The undersigned, MARY WATSON TYREE, in her capacity as Assistant City Attorney
of the City of Boise City, Idaho, pursuant to Section 50-901A(3) of the Idaho Code, as amended,
hereby certifies that she has reviewed a copy of the attached Summary of Ordinance No. ____ of
the City of Boise City, Idaho, and has found the same to be true and complete and to provide
adequate notice to the public.
DATED this _____ day of ___________, 2004.
_______________________________
Mary Watson Tyree
Assistant Boise City Attorney
EXHIBIT “A”
SUMMARY OF ORDINANCE NO._____
OF THE CITY OF BOISE CITY, IDAHO
PUBLIC NOTICE IS HEREBY GIVEN that the City of Boise City, Idaho, adopted at its regular
meeting of _____________________, 2004 that Ordinance No. _____ entitled:
AN ORDINANCE AMENDING TITLE 6, CHAPTER 7, OF THE BOISE CITY CODE
(ANIMALS) TO REQUIRE THE HUMANE SHELTER TO HOLD ONE PUBLIC
MEETING WHENEVER PROPOSING CHANGES TO THIS CHAPTER; AND
AMENDING TITLE 6, CHAPTER 7, SECTION 6 BOISE CITY CODE REGULATING
WILD ANIMALS TO PROHIBIT HARBORING, KEEPING, MAINTAINING, OR
POSSESSING CERTAIN LISTED MAMMALS, BIRDS, REPTILES, AND INSECTS;
PROHIBITING IN THE SAME MANNER ANY ILLEGALLY-IMPORTED ANIMALS
AND ANIMALS THAT ARE LISTED ON A STATE OR FEDERAL LEVEL AS
THREATENED OR ENDANGERED; ALLOWING AN EXEMPTION FOR CERTAIN
INSTITUTIONS AND PROPERLY LICENSED REHABILITATORS, BREEDERS, OR
EXHIBITORS; AND AMENDING TITLE 6, CHAPTER 7, SECTION 37 SETTING
FORTH PENALTIES FOR VIOLATIONS OF THE CHAPTER BY ADDING THE
PENALTIES PREVIOUSLY DESCRIBED IN SECTION 5 FOR COMMANDING DOGS
TO ATTACK AND INTERFERING WITH ANIMAL CONTROL OFFICERS; AND
APPROVING A SUMMARY OF THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE.
This amends sections of the Boise City Code which regulate animals.
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All penalties previously located throughout the chapter are now consolidated into one
penalties sections at the end of the chapter.
There is a section setting forth the requirement of a public meeting any time the Humane
Shelter wishes to make changes to the City Code. Prior to sending proposed changes to the
Boise City Council for their consideration, the Humane Shelter will be required to give notice of
and hold one public meeting to discuss any proposed changes with city residents. The notice,
location, and time requirements are specified.
The section prohibiting harboring, keeping, maintaining, or possessing wild animals is
amended to include a list of prohibited mammals, birds, reptiles, insects, as well as any animals
listed as threatened or endangered on a state or federal level. Illegally-imported animals are also
prohibited. Certain institutions and properly licensed rehabilitators, breeders, and exhibitors are
exempted from these prohibitions.
The effective date of the Ordinance is the date of its passage, approval, and publication.
A copy of the full text of the Ordinance is on file in the office of the City Clerk of the City at
City Hall, 150 North Capitol Boulevard, in Boise, Idaho, where it may be examined during
regular business hours of the City Clerk, from 8:00 a.m. to 5:00 p.m.
DATED this _____ day of ___________________, 2004.
City of Boise City, Idaho
_________________________________
By: DAVID BIETER
MAYOR
ATTEST:
_______________________________
By:
ANNETTE P. MOONEY
CITY CLERK
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