Ordinance Text

ORDINANCE NO. 1014

AN ORDINANCE AMENDING MISCELLANEOUS SECTIONS OF ADA COUNTY CODE; AMENDING SECTIONS 5-7-2, 5-9-3, 5-12-1, 7-2-2, 7-2-4, 7-2-5, 7-3-1, AND 11-1-5 TO UPDATE REFERENCES TO TITLE 8 TO BE CONSISTENT WITH THE NEW TITLE 8 ADOPTED BY ORDINANCE NO. 1002.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ADA COUNTY, IDAHO, THAT ADA COUNTY CODE BE AMENDED AS FOLLOWS:

SECTION 1: Ada County Code § 5-7-2 “Definitions” is hereby amended as follows:

5-7-2: DEFINITIONS:

ABANDON:	To leave an animal unattended for more than twenty-four (24) hours without the owner making arrangements for its food, water and shelter, or releasing the animal upon public highways or public or private property. Shall not apply to a person who captures a free roaming At Large domestic cat, transports the cat to a veterinarian for sterilization surgery, and releases the cat in the approximate location in which it was found for the purpose of cat population control. Shall not apply to the Animal Control Agency.
AFFECTED PERSON:	Any person, in particular owners, whose rights to own or possess an animal have been adversely impacted by a specific decision to enforce any provision of this Chapter against that person.
ANIMAL:	Animals shall be classified as follows: Any mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or other member commonly accepted as part of the animal kingdom.
ANIMAL CONTROL AGENCY:	Any organization(s) authorized by the County to enforce the provisions of this Chapter.
ANIMAL CONTROL OFFICER:	Any individual authorized by the County or the Animal Control Agency to enforce the provisions of this Chapter, to include, state or local law enforcement officers whose duties include assignments that involve animal seizure and impoundment.
ANIMAL CONTROL SHELTER:	An animal control facility authorized by the County or the Animal Control Agency as the location for the impounding of animals.
AT LARGE:	Any domesticated animal off or away from the premises of the owner or private land that the owner has permission to be on, and not under the control of such owner or his agent by leash, cord or chain (not to exceed 6 feet), by confinement, within a vehicle, or otherwise restrained and under the immediate physical control of a competent and responsible attendant. Unless, such animal is a Service Animal, assisting its owner or custodian in legal hunting, working, herding, or controlling of livestock in a place that such activity may legally occur.
AT-RISK DOG:	Any dog that: A. Without justified provocation bites a person without causing a traumatic injury, as defined in Idaho Code § 18-918(1)(b); or B. Without justified provocation and while At Large has killed, inflicted injury, or otherwise caused injury to a domestic animal by attacking a domestic animal not on the real property of the owner of the dog. C. Has previously been found to be an at-risk dog pursuant to the Idaho Code or a substantially conforming ordinance or statute from foreign jurisdiction.
ATTACK:	Any aggressive action by an animal that a reasonable person would conclude places any person or domestic animal in reasonable belief of imminent bodily harm.
BARKING:	A vocal sound produced by a dog that annoys or disturbs a reasonable person of normal sensitivities.
BITE OR BITTEN:	When the skin of an individual or other animal has been broken or penetrated by an animal's teeth in an act of aggression, attack or defense.
CAT:	Both the male and female of the Felidae species.
COMMERCIAL KENNEL:	See definition of Kennel, Commercial in Title 8 Ada County Zoning Ordinance. 8-1A-1: Definitions. Title 8 of this code.
COMPANION ANIMAL:	Any animals solely kept as pets including, but not limited to, domestic dogs, domestic cats, rabbits, companion birds, and other animals.
CURRENT RABIES VACCINATION:	An animal that has received a primary rabies vaccine at least thirty (30) days ago, and no more than one (1) year ago or has received a booster vaccine administered according to the manufacturer's written instructions. The rabies vaccine shall be licensed by the United States Department of Agriculture for use in that species (a list of the currently licensed vaccines can be found in the current "Compendium of Animal Rabies Vaccines" prepared and updated annually by the National Association of State Public Health Veterinarians). Rabies vaccination must be performed by or under the direct supervision of a veterinarian who is licensed or legally permitted to practice veterinary medicine.
DANGEROUS DOG:	Any dog that: A. Without justified provocation has inflicted serious injury on a person: B. Has been previously be found to be at-risk and thereafter bites or physically harms a person without justified provocation; C. Has previously been found to be a dangerous dog pursuant to the Idaho Code or a substantially conforming ordinance or statute from foreign jurisdiction; or D. Has been previously found to be at-risk and thereafter inflicts injury to a domestic animal not on the real property of the owner of the dog.
DOG:	Both the male and female of the Canine species.
EUTHANASIA:	The procedure in which an animal is humanely killed by a method that is painless to the animal and causing unconsciousness and death. This procedure is to be performed by a certified euthanasia technician or licensed veterinarian in accordance with Idaho Code, Title 54, Chapter 21.
HARBORING:	Allowing an animal to remain, or to be lodged, fed or sheltered on real property the owner occupies or controls for twenty-four (24) consecutive hours, or for one (1) or more hours per day for three (3) consecutive days.
IMPOUND:	To receive into the custody of the Animal Control Shelter or an Animal Control Officer.
JUSTIFIED PROVOCATION:	To perform any act or omission that a reasonable person with common knowledge of dog or cat behavior would conclude is likely to precipitate a bite or attack by an ordinary dog or cat. Justified provocation includes, but is not limited to, the following: A. The dog was protecting or defending a person within the immediate vicinity of the dog or cat from an attack or assault; B. The person was committing a crime or offense upon the property of the owner or custodian of the dog or cat; C. The person was at the time, or had in the past, willfully tormented, abused or assaulted the dog or cat; D. The dog or cat was responding to immediate pain or injury or protecting its offspring; E. The dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury sustained was to a person who was interfering with the dog while the dog was working in a place where it was lawfully engaged in such activity, including public lands; or F. The person was intervening between two (2) or more animals engaged in aggressive behavior or fighting, unless one or both of the animals is At Large.
LEASH:	Any rope, leather strap, chain or other material six (6) feet or less in length, intended to be held in the hand of a person for the purpose of controlling an animal to which it is attached.
NONBITE EXPOSURE:	Saliva from an animal who has come in contact with a person's open wound or mucus membrane that may pose health concerns.
NONCOMMERCIAL KENNEL:	See definition of Kennel, Hobby in Title 8 Ada County Zoning Ordinance. 8-1A-1: Definitions. Title 8 of this code.
OTHER SUPPORT OR THERAPY ANIMALS:	Any animal defined as a "service dog" by Department of Justice Regulations at 28 C.F.R. § 35.104 or any successor or amended regulation.
OWN:	To keep, harbor, or have control, charge or custody of an animal. Animals kept in the custody of a minor or incapacitated person shall be deemed to be owned by the minor's parent(s), guardian or other designated responsible person where the minor or incapacitated person resides.
OWNER:	Any person who keeps, harbors, or has control, charge or custody of, or permits any animal to remain on their property. In the event that a minor falls under the definition of "Owner," the parent or guardian shall be liable for all injuries, property damage, fines and impoundment fees caused or incurred by the animal.
PERSON:	Any individual, corporation, non-profit, society, co-partnership, limited partnership, limited liability company, association, or any other legal or business entity.
PROVOKE:	A person performing an act or omission that an ordinary and reasonable person would conclude is likely to precipitate dog aggression in the form of a bite or attack.
PUBLICLY OWNED PROPERTY:	Property owned, leased or otherwise used by tax supported agencies. (Example: County parks, schools, post office.)
QUARANTINE:	The strict confinement of an animal in a manner which limits direct contact with other animals not in quarantine or persons other than the owner or caretaker. The quarantine shall be conducted by way of an order issued by the Animal Control Agency designating the specific place, manner and provisions of the quarantine.
RABIES SUSPECT ANIMAL:	Any animal which has bitten, scratched, or broken the skin of an individual or has been bitten, scratched or otherwise wounded or had contact with a rabid animal; or any animal showing symptoms suggestive of rabies or any animal that is suspected of having rabies in any way.
RESIDENCE:	Refers to the place of abode for a person or family that is more than merely temporary shelter.
SANITIZE:	To make physically clean to the maximum degree that is practical.
SECURE ENCLOSURE:	An enclosure that securely holds an animal.
SERIOUS INJURY:	Means an injury to a person characterized by bruising, laceration, or other injury that would cause a reasonably prudent person to seek treatment from a medical professional without regard to whether the person actually sought medical treatment.
SERVICE ANIMAL:	Any animal defined as a "service dog" by Department of Justice Regulations at 28 C.F.R. § 35.104 or any successor or amended regulation.
SERVICE DOG:	A dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service dogs for purposes of this Chapter. The work or tasks performed by the service dog must be directly related to the individual's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this Chapter. Nothing in this ordinance shall conflict with the provisions of the Federal Americans with Disabilities Act.
WAIVER:	A statement signed by a licensed veterinarian qualifying the medical reason that an animal should not be vaccinated for rabies.

SECTION 2: Ada County Code § 5-9-3 “Public Nuisance Declared Unlawful” is hereby amended as follows:

5-9-3: PUBLIC NUISANCE DECLARED UNLAWFUL:

It is unlawful for any person to create, cause, maintain or knowingly allow to exist a public nuisance on any premises or real property which the person owns, rents, leases, occupies or has charge or possession of in unincorporated Ada County except property zoned in a rural area district as established by section 8-2-1 of this code Title 8 of this code.

SECTION 3: Ada County Code § 5-12-1 “Amateur Radio Antennas” is hereby amended as follows:

5-12-1: AMATEUR RADIO ANTENNAS:

A. Amateur Radio Antennas and Supporting Towers: It is the intent of this provision to allow amateur radio antennas in the unincorporated area of Ada County providing there is no overriding negative impact on the health, safety, and allowable concerns of surrounding residents and property. On allowed antennas, the county must impose the minimal practicable regulations, balancing between the community's interests and accommodation of amateur radio communications.

The following conditions shall apply:

1. Zoning Districts Permitted: All zoning districts except for M-4 and M-5 which require conditional use permits for any amateur radio antenna placement.

2. Antenna Applications: All applications for amateur radio antennas shall be accompanied by written approval from, if applicable, the federal aviation administration, the chief of the Idaho bureau of aeronautics, and the Boise airport commission. Said proposed antenna shall be in conformance with the provisions of title 8, chapter 3, article A of this code Title 8 of this code .

3. Installation Applications: Applications for the installation of amateur radio antennas and supporting towers shall be accompanied by written plans and specifications including all design and structural information required by Ada County building code. The building division staff shall review said plans to determine if such structure and design is consistent with health and safety interests, antenna placement, and allowable concerns of the surrounding residents, property, and community.

4. Other Considerations: Among factors that must be considered are applicable Ada County ordinances, federal communications commission decisions and regulations regarding amateur radio antennas, placement, and allowable community concerns.

SECTION 4: Ada County Code § 7-2-2 “Exceptions to Regulations” is hereby amended as follows:

7-2-2: EXCEPTIONS TO REGULATIONS:

This chapter does not apply to agricultural buildings as defined in section 8-1A-1 of this Code Title 8 of this code. Such agricultural buildings shall not be a place of human habitation or a place of employment where agricultural products are processed, treated, packaged, sold, or a place used by the public.

SECTION 5: Ada County Code § 7-2-4 “Ada County Amendments to the 2018 International Building Code” is hereby amended as follows:

7-2-4: ADA COUNTY AMENDMENTS TO THE 2018 INTERNATIONAL BUILDING CODE:

110.3.3. Lowest floor elevation. Add a second sentence as follows:

Development within designated flood hazard areas shall be done in conformance with the Ada County Code, Title 8, Chapter 3, Article F Title 8 of this code. Specific flood hazard area inspection results and elevation documentation shall be provided to Ada County in conformance with the Ada County Code, Title 8, Chapter 3, Article F Title 8 of this code .

1612.1 General. Add a second paragraph as follows:

Development within a designated flood hazard area shall be done in conformance with the Ada County Code, Title 8, Chapter 3, Article F Title 8 of this code. Specific flood hazard area inspection results and elevation documentation shall be provided to Ada County in conformance to Ada County Code, Title 8, Chapter 3, Article F with Title 8 of this code .

SECTION 6: Ada County Code § 7-2-5 “Ada County Amendments to the 2018 International Residential Code” is hereby amended as follows:

7-2-5: ADA COUNTY AMENDMENTS TO THE 2018 INTERNATIONAL RESIDENTIAL CODE:

R104.10.1 Flood hazard areas. Delete sentence and replace with the following:

Development within a designated flood hazard area shall be done in conformance with the Ada County Code, Title 8, Chapter 3, Article F Title 8 of this code. Specific flood hazard area inspection results and elevation documentation shall be provided to Ada County in conformance to that section of the Ada County Code, Title 8, Chapter 3, Article F with Title 8 of this code .

R109.1.3 Floodplain inspections. Delete paragraph and replace with the following:

For construction in areas prone to flooding as established by Table R301.2(1), upon placement of the lowest floor, including basement, the building official is authorized to require submission of documentation of the elevation of the lowest floor, including basement, required in section R322.

Development within a designated flood hazard area shall be done in conformance with the Ada County Code, Title 8, Chapter 3, Article F Title 8 of this code. Specific flood hazard area inspection results and elevation documentation shall be provided to Ada County in conformance to that section of the Ada County Code, Title 8, Chapter 3, Article F with Title 8 of this code.

R322.1 General. Development within a designated flood hazard area shall be done in conformance with the Ada County Code, Title 8, Chapter 3, Article F. Specific flood hazard area inspection results and evaluation documentation shall be provided to Ada County in conformance to Ada County Code, Title 8, Chapter 3, Article F.

SECTION 7: Ada County Code § 7-3-1 “Definitions” is hereby amended as follows:

7-3-1: DEFINITIONS:

As used in this chapter:

BOARD OF COUNTY COMMISSIONERS: The Ada County board of county commissioners.

BUILDING PERMIT: A building permit as described in the Ada County building code.

SERVICE: Providing, attaching or hooking up to any building, mobile home or other structure any line or pipe, which line or pipe is intended to provide any of the following services: telephone, gas, electricity, water or sewage disposal.

UTILITY: Any public or private corporation or company which supplies the public or a group of individuals with the following commodity, service or both: telephone, gas, electricity, water, or sewage disposal.

ZONING CERTIFICATE: A zoning certificate as described by section 8-7-1 of this code Title 8 of this code. (Ord. 73, 4-27-1977)

SECTION 8: Ada County Code § 11-1-5 “Process” is hereby amended as follows:

11-1-5: PROCESS:

A. Application: The following items must be submitted to the Development Services Department to initiate consideration of APA Designation:

1. Completed application form.

2. Description of the property to be included in the APA.

3. Detailed letter describing the property, uses and explaining how the proposal complies with required findings.

4. Evidence demonstrating active agricultural production for the last three (3) years.

5. Application fee.

B. Timeline: Upon receipt of a completed application to establish an agriculture protection area, the Agriculture Protection Area Commission shall review the proposal and make a recommendation to the Board within sixty (60) days. Failure to act within this period will result in automatic approval of the request.

C. Public Hearing: The Board of County Commissioners will hold a public hearing within sixty (60) days of receiving the APA Commission's recommendation. Notice will be provided in accordance with Idaho Code 67-6509 and Section 8-7A-5 of Ada County Code Title 8 of this code. The Board may approve or deny the application based on compliance with the required findings.

ADOPTED this 20th day of January 2026.

Board of Ada County Commissioners

By: /s/ Rod Beck

Rod Beck, Commissioner

By: /s/ Ryan Davidson

Ryan Davidson, Commissioner

By: /s/ Thomas Dayley

Thomas Dayley, Commissioner

ATTEST:

/s/ Trent Tripple

Trent Tripple, Ada County Clerk

Published: January 22, 2026

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