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A local city ordinance only allows two dogs per household.

by Joe Plumber on March 24, 2009

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I just read an article published yesterday that stated the City of Shelley has an ordinance that restricts canine ownership to just two dogs per household. The last time this ordinance was actively discussed was over 33 years ago.

Why now, asks Linda Fitzpatrick?

Linda is the Shelley resident and dog owner that the story highlights. The city is saying Linda must get rid of two of her four dogs, pay fines of $50 per day, or put two of the dogs to sleep. The matter became public when two Shelley Police Officers came to Linda’s residence to enforce the city’s two-dog limit.

According to the story, Shelley seems to have a real problem with negligent dog owners and the local pounds are overcrowded.

Steve Cederberg, a Shelley City Councilmember, said Shelley residents with more than two dogs are cause for concern and part of the problem. He further advises that changing the ordinance would be difficult, stating, “We would take a look at it. I’m not saying it would pass because right now with the amount of dogs in town and those running stray and unlicensed, it causes a problem for everybody.”

Linda plans to start a petition to address the Shelley dog ordinance. By doing this, it is her hope that she will be able to save her dogs that she views as family. The article concludes with Linda’s phone number should you wish to help in changing the ordinance, 208.357.0858. 

What do you think? Do you support the city’s decision to restrict residents from having more than two dogs? Do you feel the matter should be determined on a case-by-case basis, protecting responsible dog owners whose dogs are not causing the problem? Do you believe the city is overstepping and the matter is none of the governments business?

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{ 33 comments… read them below or add one }

1 The Gadsden March 24, 2009 at 10:31 am

I appreciate Shelley’s concern for neglected pets and animals. I appreciate their concern for their residents’ safety and well-being. However, I do not appreciate the attempt for any government to overstep its boundary by forcing a private citizen’s hand. The government/city has no right to tell Ms. Fitzpatrick how many animals she can or cannot have on her own property. I assume it is her property and that she pays taxes on it, and if so, the city should just mind its own business. Perhaps the can deal with more pressing issues; I am sure they can find some.

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2 Alice March 24, 2009 at 12:24 pm

Hasn’t it always (at least in my lifetime) been the law that only 2 dogs are allowed per household in the Idaho Falls city limits? So didn’t this lady know what the law was?

I don’t know how many dogs people want, but I’m sure most people are aware of the law. I’m also sure that the law exists to keep people from keeping a ridiculous amount of dogs.

Of course I’ve known people who couldn’t take care of, and shouldn’t have had, one dog, much less several.

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3 Alice March 24, 2009 at 12:25 pm

BTW, I know this story is from Shelley, it just seems that wherever you are you should be aware of the laws.

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4 The Gadsden March 24, 2009 at 12:47 pm

Alice, I agree that some dog owners are irresponsible and just plain stupid. As much as I would love to outlaw stupidity, I seriously doubt I will ever live to see that happen. Heck, I would settle for just having idiots wear a sign stating such – again, will not happen any time soon.

However, I disagree with your comments addressing the laws. How can you expect someone to know all the laws and ordinances in their community? There are so many laws on the books, that knowledge of them all is impossible. Can you honestly tell me that you are aware of every law for Idaho Falls? Do you know the Idaho Code? If so, what about the numerous acts, code, and laws that pertain to the United States? Oh, and let us not forget the various UN charters and international treaties that we are all suppose to abide by.

It all boils down to the fact that there are way too many laws. We seriously need to review, revise, and reduce the amount of legislation and laws that bury our citizens every day. The Constitution is the supreme law of the land, and with the Bill of Rights, was established to secure our freedoms and liberties. It is the shortest constitution in the world with just around 4400 words. Its simplicity is one of its strongest and most beautiful traits.

The Shelley (or IF) ordinance is wrong based on the principles of private property rights and individual freedom.

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5 Find Humor in Life March 24, 2009 at 1:35 pm

I don’t expect a person to know all the laws and ordinances in their community just for the sake of knowing them. However, since this article is about knowing how many dogs are allowed by city law, I would expect the dog-owner to at least check into that one.
As long as a law is in place, aren’t we expected to abide by it? And if the law is not serving the people, then they should bring forth actions to have it either changed or abolished.

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6 Alice March 24, 2009 at 1:54 pm

Nope, don’t know all the laws, and don’t want to.

I have had dogs though, and I know that you are supposed to have them licensed, and lo and behold, when you get them licensed, I imagine they may mention the law if you try to license more than you are allowed “by law”.

I try to keep up on the laws that pertain to me, mainly because I’ve been bitten in the proverbial butt by ones I was unaware of, and I don’t want that to happen again.

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7 The Gadsden March 24, 2009 at 2:09 pm

Again, and unfortunately, stupidity is not legislated. Yes, I would hope that dog owners would ask if there are other laws they need to be aware of.

Nonetheless, who would think to ask if there is a limit on the number of dogs one may own?

Furthermore, the requirement for licensing your dog was mentioned – in all reality, why is there a need to license one’s pet? Just put a dang id tag on the animal and call it good. Again, why must we have them licensed?

Better yet, why must government have their large hand in our small pockets and business?

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8 Idaho Native March 24, 2009 at 3:30 pm

I have a few questions. How long has this law been on the books in Shelley, how long has Linda Fitzpatrick had her dogs, and how long has it been since Shelley has enforced this law? Would it be possible for Ms Fitzpatrick to apply for and obtain a kennel license? To my understanding, this would permit her to have more than the two dogs.

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9 AppleJack March 24, 2009 at 3:33 pm

I can’t believe a law like this is on the books let alone being enforced. The poor woman that was on the news this morning with her 4 dogs was sad. This woman and her dogs are not hurting anybody and I can’t believe the city has the nerve to fine this woman 50 bucks a day for such a ridiculous law. It would be one this if she didn’t care for the animals as well as she did, but their all well taken care of and they all stay inside. (from what I could tell from the news story at least) To make this woman choose which 2 dogs to have put asleep is inhumane in itself and the authorities of Shelley should be ashamed of themselves. They obviously have nothing better to do with their time.

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10 Joe Plumber March 24, 2009 at 4:41 pm

Idaho Native (comment #8) – Great idea on obtaining a kennel license.

According to the article, the ordinance has been on the books for at least 33 years.

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11 Joe Plumber March 24, 2009 at 4:43 pm

Apple Jack (comment #9) – Good reply!

I agree that making her choose which two to get rid of is unfair and inhumane in itself.

Shame on Shelley city officials.

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12 Alice March 24, 2009 at 4:49 pm

The sad truth is that ignorance of the law does not give you a free ticket to do whatever you want. That sets a dangerous precedent.

She should definitely look into the kennel license idea.

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13 Find Humor in Life March 24, 2009 at 5:33 pm

Let’s say you have two neighbors that share a fenced property border. Both of those neighbors also share a fenceline with you. They are wonderful neighbors except for one thing: Both of those neighbors each have four dogs. (They know they are only allowed two.) When all eight dogs are outside at the same time, what do these dogs do for long periods of time? BARK BARK BARK BARK BARK BARK BARK BARK BARK BARK BARK BARK BARK BARK BARK BARK Did I mention they bark at each other a lot? Good-bye enjoying those times in your back yard.
(If you say something to the neighbors about their “family members,” …..ummmm, have you seen Dr. Jekyll and Mr. Hyde?) RUFF
So why are YOU now the one responsible for which of the dogs are removed from the home? (Or in this case, this City of Shelley.) The City didn’t violate the law. The dog owners who go over the limit are the ones who need to take responsibility for the situation they are in.

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14 untwisted March 24, 2009 at 6:11 pm

The matching Idaho Falls law has been mentioned. I’ve had personal experience with the necessity for the laws.

A couple years ago our neighbor from two doors down sold their house to a person with four or five dogs. The people who bought the house lived inside, the dogs lived in the back yard all day long and slept in the house at night.

At feeding time in dogs would erupt into vicious barking that would go on for hours until they were brought into the house. After 8 years of being able to enjoy summer evenings in our back yard, the noise effectively made our back yard uninhabitable.

They were eventually turned into animal control and were given a period of time to find homes for all but two of their dogs. They were also ordered to silence their dogs during the grace period or face citation or possible arrest for disturbing the peace.

They applied for a residential kennel license, but since 75% of the neighbors in the immediate area have to approve their application, they never got approval on their application.

Three months later they applied again, once again they were refused. With the application that came two months after that, I walked to their house and asked how many apps they were going to send before they got the message that the neighborhood was never going to forget the months of disruption their dogs caused us, and because of that she was never going to get 75% of us to approve her app for a residential kennel permit.

She cried that I didn’t understand, those dogs were her family and even though they barked a little it wasn’t right that the city could take them away from her.

The city took them away because we, her neighbors deserve to have a peaceful place to live. Dogs bark. The more you have, the more they bark. That’s just the way it is.

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15 Idaho Native March 24, 2009 at 7:23 pm

I can understand a neighbor’s frustration when your dogs bark. I have a dog who loves to bark at just about anything. The first bark out of his mouth and he is back in the house. When he is out, he is on a tether of some sort. When I am with him, he does not bark unless it is at another dog who barked first. I was just trying to ascertain whether Ms Fitzpatrick’s dogs had always been a problem, had just now become a problem, or what the deal was. Are her neighbors complaining? It sounds like she has had her dogs for quite some time. And it didn’t sound like this particular law has been enforced in Shelley. At the present time I am dog sitting for a week. So I have two dogs and they seem to feed off one another when it comes to barking. I can’t put them both out at the same time. But, I consider myself a responsible dog owner.

I know that Idaho Falls also has a two (or maybe it is three) dog limit rule unless you have a kennel license. I tend to think it is two, but a friend tells me it is three. Exceptions are made for a litter of pups, I can’t remember for sure how old they can be before you have to get rid of them. And, I know that it is enforced here if it is known and a complaint has been made.

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16 Alice March 25, 2009 at 10:32 am

It doesn’t even have to be more than 2 dogs to be a problem.

There is a small dog in our apartment complex that will occasionally get into a barking frenzy when it’s owner is away (more than likely because a cat is on the windowsill) and it will bark for HOURS.

Luckily, this doesn’t happen very often, so we haven’t said anything to the landlord, but I can see that if this were a daily occurrence, I would be having words with the landlord.

And that’s just one small dog.

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17 Malory March 25, 2009 at 1:03 pm

Apple Jack- would it have been more humane to let the city choose which two were going to be put to sleep. Laws are made for a reason, and just because we dont agree with them all, doesn’t mean we get to pick and choose which suits us. She broke the law by having to many, she was caught and now she has to pay. I know that it sounds cold and callous, but thats how the law works.

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18 AppleJack March 25, 2009 at 2:04 pm

thank you for explaining the law to me. I had no idea how that worked. I’ve been schooled, thank you.

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19 April March 25, 2009 at 9:49 pm

I’ve only ever had one dog… but I knew about the limit of dogs you could have without a kennel license. It was part of the research I did before ever getting a dog. Sorry she wasn’t informed and didn’t do her homework. Sad as it is she either needs to put her dogs in a kennel or some other temporary placement untill she can get a kennel permit or say goodbye to two of her dogs.

Unfortunately all of the good dog owners have to obey the laws that were set out because of the bad dog owners.

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20 Idaho Native April 5, 2009 at 6:15 pm

Does anyone know what has happened in this lady’s case? Does she still have her dogs?

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21 MEG May 7, 2009 at 11:12 pm

I have lived in Shelley for quite some time and me and my husband have 3 dogs and it has never been a problem because they are trained not to bark and arent allowed to roam. I can understand that people need to follow the law but what i cant understand is why in Idaho Falls which is a bigger city you can have 3 dogs(which you can) and in Shelley where you are practically in the country you can only have 2. Please tell me where this makes sense! If people were just resposible dog owners like most of us this just wouldnt be a problem.

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22 Idaho Falls Code May 8, 2009 at 6:06 am

5-10-7: COMMERCIAL AND NONCOMMERCIAL KENNEL LICENSE:
(A) It shall be unlawful to operate a dog kennel or to keep upon the premises of any one household or upon the premises of any one business property, more than two (2) dogs unless the owner or person in charge thereof has a commercial or noncommercial kennel license.

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23 Alice May 8, 2009 at 10:14 am

We have the choice to either abide by the law, break the law, or try to change the law.

If you disagree with the law, maybe you could start a petition or talk to someone with some clout in the community and see if it would be possible to change Shelly’s law to allow 3 dogs instead of 2?

Change always has to start somewhere.

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24 Base May 8, 2009 at 10:28 am

I agree with Alice (again!-lol). I don’t understand why you would want so many pets though.

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25 Alice May 8, 2009 at 10:31 am

I can definitely understand having animals. We have 2 cats and a very lucky “houdini hamster”, and I’ve always had animals. I think if you can take care of them and be responsible, you should be able to have whatever you want, but it’s the ones that aren’t responsible that ruin it for everyone else.

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26 Base May 8, 2009 at 10:38 am

It is really sad to see animals that are not cared for. I understand the idea behind the restrictions. It just saddens me to see that one bad apple really does ruin the entire bunch. I know so many very caring people that are capable of giving so much more but are restricted from doing so.

I personally do not have the time or energy to dedicate to so many different people/animals (in this case) in my life. I have a full plate as it is. I think if you are going to be a responsible pet owner you should have the time to dedicate to that animal.

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27 reader May 8, 2009 at 12:15 pm

Well said Alice (#23). Most smaller cities/towns I’ve lived in around Idaho have a “2 dog free, 3rd dog kennel license required.” Mostly, enough square footage is required for so many pets. It’s not unique to Shelley. The problem is the bad apples, and for gosh’s sake, do you guys know how much dog crap ends up on one lawn from 3 or more dogs? Ick. Some property owners are great, you wouldn’t know how many pets they have. Other have hair and poop and barking inside and outside up the ying-yang. I used to be friends with an animal control officer south of us, and the pictures she took to prove cases of neglected crap in the yards (poop piles enough to carpet a whole lawn) were disgusting. Imagine the stink living next door.

Basically cities enact ordinances to keep nastiness from overriding our neighborhoods. This includes junk cars, couches, high weeds, and other “things” people like to decorate their front porch and lawn with.

It’s those that choose not to take pride in their homes and yards who ruin it for the innocent dog owner who does take care of things.

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28 Anonymous May 20, 2009 at 8:55 pm

Let people who want to own 1,2,3,4 dogs be undisturbed. If any of these people do not care for their animals – then, and only then – should they be challenged on their level of care. There are many good pet owners out there and I’m sure the woman in Shelley is one.

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29 Alice May 21, 2009 at 7:23 am

I agree with reader. I know how much work it takes to keep up with the poop from 2 or 3 dogs, even if you give them a nice yard in which to roam. They are quite the producers.

I do agree that the bad apples ruin it for everyone, but I don’t think that just letting people have more dogs would magically result in more responsible owners. I’m sure that some of the people would take care of their little herd, but I think we would just have a lot more people getting over their heads in dog ownership.

If you want a pack of dogs, and you are the “responsible pet owner”, you don’t try to have them in little lots in town. Buy some acreage out in the country.

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30 Anonymous August 27, 2009 at 8:43 am

My friend had 5 dogs in IF, and the pound said it was fine. But I babysat my other friends dog for 4 days, so I had 3 dogs for that time and I got a ticket everyday until she was gone. So what is the law now in IF? The pound told my friend the limit was now 5 dogs.

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31 Anonymous August 29, 2009 at 11:06 am

You can own two dogs without restriction in Idaho Falls. If you want more than that you must apply for a non commercial kennel license and to get one you must achieve something like 75% approval from your neighbors (animal control does the polling).

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32 Anonymous August 29, 2009 at 11:07 am

Also, if you got tickets every day while you were babysitting your dogs then obviously there is a problem with your dogs and you as an owner. Contrary to urban legend Animal Control does not have a crystal ball that tells them when someone has too many dogs, rather they learn because the dogs are being a nuisance which leads to someone calling them. Animal Control would have never known you were babysitting unless there was a problem.

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33 reader August 31, 2009 at 6:16 am

Exactly – another post where I know there is so much more to the story than what was written.

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