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Dog Bite Laws in Caldwell, ID

Dog Bite Laws in CaldwellHere are the Caldwell city dog bite laws that are relevant to the ownership and control of a dog.  Please check the following link to city ordinances for any updates or changes to the laws: https://codelibrary.amlegal.com/codes/caldwellid/latest/caldwell_id/0-0-0-13845#rid-0-0-0-13925; Chapter 8, Chapter 3, Animal Control Regulations):

Purpose and Authority

The Caldwell city council finds that the keeping of animals for personal and commercial purposes is important to the citizens of Caldwell. However, the presence of animals within the city has certain adverse consequences for the health, safety and welfare of the public and the animals themselves. Further, addressing such consequences imposes a regulatory and financial burden upon the city that should, in fairness, be mitigated by the animal owning public. Further, the imposition of legal liabilities, fines, fees and regulations upon the animal owning public serves the purpose of such mitigation. The purpose of this article is to help solve the problems caused by uncontrolled, unwanted, undisciplined, and unhealthy animals, as well as animals that are dangerous, nuisances or subjected to certain acts harmful to the public or the animals themselves. This article is enacted upon the authority derived from Idaho Code 25-2801 et seq., 50-302, 50-304, 50-319 and 50-334 and to provide for the health, safety and welfare of the public. (Ord. 2886, 11-21-2011)

Definitions

ABANDON: To 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.

ABUSE: Any case in which an animal has been the victim of intentional or negligent conduct resulting in the animal's bruising, bleeding, malnutrition, dehydration, burns, fractures or breaks of bones, subdural hematoma, soft tissue swelling or death and lack of veterinary care or attention.

ANIMAL: Any organism other than human beings needing food to maintain and sustain its life and which generally has mobility and a developed central nervous system.

ANIMAL CONTROL DIRECTOR: The chief of police of the Caldwell police department or his designee.

ANIMAL CONTROL OFFICER: Any law enforcement officer authorized by Idaho law to enforce state law or city ordinances within Caldwell, including, without limitation, any individual or entity contracting with the city to provide animal control or animal shelter services.

ANIMAL SHELTER: The building or facility providing animal shelter services to the City.

ANIMAL SHELTER DIRECTOR: The person contracting with the City to provide animal shelter services.

AT LARGE: An animal off the premises of its owner and not under the immediate control of the owner or member of the owner's household, either by leash, cord, chain or other means of physical restraint.

BITE: To cut, wound, grip, hold or tear with the teeth.

CANINE: Dogs, including, without limitation, those that are either male or female, whether neutered or spayed, whether fully domesticated, wild, feral, part wolf, part coyote, entirely wolf, entirely coyote, or of any breed or mixed breed.

CITY: The City of Caldwell and those areas within the corporate City limits of the City of Caldwell, Idaho.

CITY COUNCIL: The City Council of the City of Caldwell, Idaho.

CRUELTY: "Cruel" or "cruelty" shall mean any or all of the following: the intentional and malicious infliction of pain, physical suffering, injury or death upon an animal; 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; to subject an animal to needless suffering, inflict unnecessary cruelty, drive, ride or otherwise use an animal when same is unfit; to abandon an animal; or to negligently confine an animal in unsanitary conditions or to negligently house an animal in inadequate facilities; to negligently fail to provide sustenance, water, shelter, veterinary care to an animal; or to negligently fail to provide routine care, grooming or hoof care to the extent that it interferes with the animal's performance or ability to thrive.

DANGEROUS ANIMAL: Any animal which, due to its size, breed, temperament, health, training or lack of training, location, use, or other circumstance poses a risk of injury to any person is dangerous. No animal is or may be declared dangerous if the animal is startled, abused, harassed or otherwise provoked.

ENCLOSURE: A kennel, fence or other structure forming or causing containment suitable to prevent the entry of young children, and suitable to confine an animal in conjunction with other measures which may be taken such as tethering or caging of the animal. Enclosures shall be securely locked and designed with secure sides, top and bottom and shall be sufficient to prevent the animal from escaping.

IMPOUND: An animal in the custody of the animal shelter director or an animal control officer.

LIVESTOCK: Horses, mules, donkeys, burros, llamas, cattle, sheep, buffalo, goats and pigs.

OWNER: Any person owning, harboring, keeping, possessing, caring or having custodial duties over any animal. Where the owner of an animal is a minor, the parent or guardian of such minor shall be liable as an owner for compliance with all provisions of this article.

SERVICE ANIMAL: A service animal is a dog that is individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with posttraumatic stress disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person's disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

SHELTER: Any structure or object that provides protection from the sun and/or elements (inclement weather). Said structure or object must be solid or permanent enough to uphold against the elements.

VICIOUS ANIMAL:

(1) Any animal which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks and public grounds or places or private property not owned or possessed by the owner of the animal; or

(2) Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings, domestic animals or livestock; or

(3) Any animal which bites, inflicts injury, assaults or otherwise attacks a human being, domestic animal or livestock without provocation; or

(4) Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting.

Notwithstanding the definition of a "vicious animal" above, no animal may be declared vicious if an injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a wilful trespass or other torts upon the premises occupied by the owner of the animal or was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime. No animal may be declared vicious if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault. (Ord. 2950, 11-18-2013; Ord. 3166, 8-6-2018)

Enforcement by Animal Control Officer

Responsibility of Enforcement

The enforcement of this article shall be the responsibility of the animal control officer within the incorporated areas of the City. Fees will be collected by the animal control officers, if applicable, to remove deceased small animals from public roads and rights-of-way.

Interfering with Animal Control Officer

It is unlawful for any person to hinder, molest or in any way interfere with any animal control officer while the officer is lawfully engaged in the performance of his/her duties. Any person who pleads guilty to, is found guilty of, or is in any manner convicted of a violation of this subsection shall be guilty of a misdemeanor and shall be punished as provided in Idaho Code 50-302(1) and 18-113, as amended. (Ord. 2886, 11-21-2011)

Canine Licensing

(1) Canine License Required; Application:

  • License Required: It shall be unlawful for any person to own, harbor, keep or possess a canine more than six (6) months of age within the City without first procuring a license.
  • Exception: The provisions of this section shall not apply to any person visiting the City for a period not exceeding thirty (30) days, and owning or possessing a canine, if such canine is currently licensed by another licensing authority or if such person is a permanent resident where no such license is required.
  • Term Of License: Canine licenses may be purchased for a one year period or a three (3) year period as set forth in the scheduled billing cycle adopted by the Animal Control Director. However, canines under one year of age may only be licensed for a period of one year. All canine licenses shall begin on the date of issuance or, if later, the date when a rabies vaccination is completed as provided in subsection 08-03-15(4) of this article and shall remain in effect through the designated date of expiration.
  • Application; Fee: The owner shall make application to the City Clerk, or the Clerk's designated agent, including those local veterinarians authorized by the City Clerk to issue licenses, and pay a license fee according to the fee schedule adopted by the City Council.
  • Proof Of Spay/Neuter; Rabies Vaccination Required: No canine will be licensed as spayed or neutered without proof that such surgery was performed. No canine will be licensed without proof of current rabies vaccination as provided in subsection 08-03-15(4) of this article.
  • Receipt; Tags; Replacement And Renewal Licenses: Upon receipt of application for license and payment of fees, the person issuing the license shall issue a receipt with the owner's name, the number of the license, the sex (or status of spayed or neutered) of the canine and the amount paid together with a metal tag bearing the number corresponding to the number of the receipt. If a license is lost, the City Clerk, or the Clerk's designated agent shall, upon application and payment of the appropriate fee, issue a replacement license. Renewal licenses may be purchased within thirty (30) days prior to the designated date of expiration of the current license. (Ord. 2886, 11-21-2011)
  • Service Animal; Fees Waived: License fees shall be waived for any service animal that has been properly trained for the purpose of and is used to guide or assist a blind or partially blind person, a person with impaired hearing, or any other disabled person who uses a bona fide service animal. (Ord. 2950, 11-18-2013)

(2) Commercial Kennel License; Application: (Rep. by Ord. 3166, 8-6-2018)

(3) Unsterilized Canines: It shall be unlawful for any person to own, harbor, keep or possess an unsterilized canine more than six (6) months of age within the incorporated areas of the City without obtaining a license as provided by this section.

  1. Exceptions: The provisions of this section shall not apply in the following instances:
  2. The provisions of this subsection regarding licensing of unsterilized canines shall not apply to any person visiting the City for a period not exceeding thirty (30) days, and owning or possessing a canine, if such canine is currently licensed by another licensing authority or if such person is a permanent resident where no such license is required.
  3. If a licensed veterinarian states, in writing, that the canine is unfit to undergo the required surgical procedure because of a health condition. The age of a canine does not automatically constitute a prohibitive health condition for purposes of this subsection. The veterinarian must describe the physical condition or symptoms of the canine making it unfit to undergo the required surgery.

License for Unsterilized Canine

To possess an unsterilized canine, an individual must obtain a license as set forth herein and pay the appropriate fee. The license shall be issued or renewed only if the following conditions have been met:

  1. The canine is examined by a licensed veterinarian; and
  2. The canine has current vaccinations for rabies; and
  3. The individual has not had more than two (2) violations of the canine portions of this article within the past twenty-four (24) months; and
  4. Upon the third impound of the same unsterilized canine, the canine shall be sterilized before it is returned to the owner. The owner shall be responsible for the cost of sterilization and other fees associated with the impoundment of their canine.

Failure to Purchase and Maintain Required License(s)

It shall be unlawful for an owner or custodian of any canine to fail to purchase or maintain the licenses required by this section. Any person found in violation of this provision shall be subject to the penalties set forth in section 08-03-27 of this article. However, repeated violations shall only constitute a misdemeanor where the repeated failure to purchase or maintain the required canine license more than two (2) times within five (5) years involves the same canine. Failures to purchase and maintain licenses for different canines shall be treated as separate and distinct offenses. (Ord. 2886, 11-21-2011)

Fees

License Fees

The City Clerk and Animal Control Director are entitled to charge fees in connection with canine licenses (establishing different fees for sterilized and unsterilized canines and canines with and without microchips), and replacement of lost licenses. The amount of the fees charged shall be as established by resolution of the City Council. (Ord. 2886, 11-21-2011; Ord. 3166, 8-6-2018)

Canine Impound Fees

The City Clerk and Animal Control Director are entitled to charge a fee for impounding canines. Said fee may increase for each subsequent offense. A fee may also be charged for boarding and keeping impounded animals, rabies inoculation, adoption fees, sterilization, necessary medical care and other costs reasonably related to services of the animal shelter provided to an individual animal. The amount of the fees charged shall be established by resolution of the City Council. (Ord. 2886, 11-21-2011)

Seizure of Animal

If any animal is seized under this article, the owner or keeper shall be liable for the reasonable costs of the seizure and the care, keeping and disposal of the animal. Reasonable costs shall include, but shall not be limited to, transportation, medical, board, shelter and farrier costs. The owner or keeper of the animal shall be responsible for such fees and costs whether or not the owner recovers possession of said animal or whether said animal is adopted.

Miscellaneous Fees

The City Clerk and Animal Control Director are entitled to charge miscellaneous fees. The amount and purpose of the fees charged shall be established by resolution of the City Council. (Ord. 2950, 11-18-2013)

Canines; Collar and Tag

Collar and Tag Required; Exception

Every canine shall at all times wear a substantial and durable collar to which shall be securely attached the required metal license tag. If a canine cannot safely wear a collar and/or metal license tag it shall be excepted from such requirement upon application and upon proof to the Animal Control Director that it has implanted a current, valid and functioning microchip providing substantially the same information required on a metal license tag.

Supply of Tags and Forms

The canine tags and receipt forms required for compliance with this article shall be provided to participating veterinarians by the Animal Control Director or his/her designated agent.

Distribution, Remuneration of Cost

Procedures for distribution of tags, receipt forms and remuneration of cost shall be established by the Animal Control Director or his/her designated agent.

Veterinarian Reports

Each participating veterinarian dispensing canine tags shall submit a report to the Animal Control Director monthly accounting for licenses issued and fees collected.

False or Misleading License Tags

It shall be unlawful for any person to allow any canine owned, kept or harbored by him/her to wear a license tag received in connection with a former application, a license tag originally issued to another canine, or any imitation of a license tag.

Failure To Comply With Collar And Tag Requirements

It shall be unlawful for an owner or custodian of any canine to fail to comply with the collar and tag requirements of this section. Any person found in violation of this provision shall be subject to the penalties set forth in section 08-03-27 of this article. (Ord. 2886, 11-21-2011)

Rabies, Disease and Quarantine

Afflicted Animals Prohibited

It is unlawful for a person other than a licensed veterinarian or the animal shelter director to own, keep or harbor any animal afflicted with rabies.

Animals Suspected of Rabies

It is the duty of every owner of an animal showing symptoms of rabies (such as changes in behavior, aggression, foaming at the mouth, restlessness, trembling and fever) and for which the owner has no proof of current rabies vaccination or which has bitten any person causing an abrasion of the skin to surrender the animal for confinement and isolation at the animal shelter or with a licensed veterinarian for a period not to exceed fifteen (15) days; provided that for animals with proof of a current rabies vaccination, the veterinarian has the discretion to allow the animal to be isolated and contained in an enclosure on the owner's property under such terms and conditions the veterinarian shall impose. If such animal shall be determined to be free of rabies by the animal shelter director or licensed veterinarian, it shall be released from isolation and confinement. The owner must make payment of the regular fee for keeping such animal isolated and confined, if applicable. If such fee is not paid, the animal shall be subject to disposal as provided in this article.

Contagious Diseased Animals

Any animal which has a contagious disease shall be kept in a secure enclosure and not be shipped or removed from the premises of the owner of such animal except under the supervision of the animal shelter director or a licensed veterinarian.

Rabies Inoculation

It is unlawful to keep or harbor any canine over the age of six (6) months in the city unless such canine has been inoculated against rabies by a licensed veterinarian within the preceding three (3) years. No license, except as provided below, shall be issued for any canine over the age of six (6) months unless the applicant for such license presents a certificate signed by a licensed veterinarian establishing that the canine has been vaccinated for rabies for the duration of the license period. A temporary license, valid for only five (5) business days after issuance, may be issued to a canine owner who must within five (5) days of the date of issuance of said license, procure a certificate signed by a licensed veterinarian establishing that the canine has been vaccinated for the duration of the license period. A temporary license will be void after five (5) days if the rabies vaccination has not been completed.

Failure To Comply

It shall be unlawful for an owner or custodian of any animal to fail to comply with the requirements of this section. Any person found in violation of this provision shall be subject to the penalties set forth in section 08-03-27 of this article. (Ord. 2886, 11-21-2011)

Running at Large

Animals At Large

It shall be unlawful for any animal, canine or livestock owned or possessed by an individual to be at large upon the roads, streets or alleys of the City or any public place of the City or upon any premises other than its own. This provision applies regardless of whether the animal is licensed or not. (Ord. 3166, 8-6-2018)

Failure To Comply

It shall be unlawful for an owner or custodian of any animal to fail to comply with the requirements of this section. Any person found in violation of this provision shall be subject to the penalties set forth in section 08-03-27 of this article. (Ord. 2886, 11-21-2011)

Impounding

Apprehension of Canine, Animal or Livestock Running At Large

It shall be the duty of any animal control officer to apprehend any canine, animal or livestock found running at large contrary to the provisions of this article, and to impound such canine, animal or livestock in the animal shelter or other suitable place; provided, that if any fierce, dangerous or vicious canine, animal or livestock found running at large cannot be safely taken up and impounded, such canine, animal or livestock may be slain by law enforcement personnel.

Impoundment by Officers

In addition to any other remedies provided in this chapter, animal control officers and police officers are authorized to impound or impound for safekeeping, and confine at the animal shelter any of the following: any animal that appears unattended or abandoned, e.g., due to the owner's death, arrest or eviction from his or her residence, and there is no sign of care for the animal or there is no known person to take custody of such animal. The following information will be kept on all impounded animals:

  • A complete description of the animal, including tag numbers, if any;
  • The manner and date of impound;
  • The location of impoundment and name of the officer impounding the animal;
  • The name and address of any person relinquishing an animal to the impound facility;
  • The name and address of the person redeeming the animal and the date thereof;
  • All applicable violations of this title;
  • All applicable fees and penalties;
  • All expenses accrued during impoundment;
  • The date and manner of disposition including the name of the person adopting the animal, if applicable;
  • If licensed, the name and address of the owner of the animal and the license number.

Traps

Animal control officers are authorized to place humane animal traps on public or private property upon request or permission of the property owner. Such traps shall be checked regularly by the animal control officers.

Record to Be Made

The animal control officer impounding or slaying any animal shall record a description of the animal and whether it is licensed or not.

Recovery of Impounded Canines, Animal or Livestock

The owner of any canine, animal or livestock impounded may recover possession of the same upon payment of all applicable fines and fees. Additionally, if a canine over six (6) months of age is impounded and has not been sterilized, the owner or claimant must either secure the immediate sterilization of the canine or qualify for and receive an unsterilized canine license. Additionally, if the animal shelter director cannot determine whether an impounded canine over the age of six (6) months has been inoculated against rabies by a licensed veterinarian within the preceding three (3) years, the animal shelter director may immediately inoculate the animal at the expense of the owner or claimant. If the owner or representative of the owner of any canine, animal or livestock impounded shall fail to pay the required fees within twenty-four (24) hours after actual notice or within five (5) working days (excluding Saturdays, Sundays and holidays) after reasonable or diligent effort to notify the owner or representative of the owner, the animal shelter director may dispose of any canine, animal or livestock either through adoption (provided the new owner shall pay the required fees) or through euthanasia.

Surrender Of Canines, Animals Or Livestock Held In Protective Custody

If any canine, animal or livestock held in protective custody is not surrendered by the owner or claimant to the animal shelter within a period of thirty (30) days after impoundment, that owner or claimant shall automatically lose all rights to such canine, animal or livestock and same may be adopted out by the animal shelter. In the event, however, that the owner or claimant has not contacted the animal shelter to make arrangements to surrender such canine, animal or livestock and/or the animal shelter has found suitable placement for such canine, animal or livestock at least twenty-one (21) days after impoundment, then the animal shelter may adopt out such canine, animal or livestock.

Diseased Animals; Destruction

Any animal impounded and suffering from serious injury or disease, maybe euthanized at the discretion of the animal shelter director.

Freeing Of Impounded Or Enclosed Animals Prohibited

It shall be unlawful to break open or in any manner directly or indirectly aid or assist in the breaking open of any pen or enclosure with the intent of releasing any animal when such an animal has been detained by the owner or those individuals authorized to detain animals under this article. Any violation of this subsection regarding the freeing of impounded animals shall be guilty of a misdemeanor and shall be punished as provided in Idaho Code 50-302(1) and 18-113, as amended.

Failure To Comply

It shall be unlawful for an owner or custodian of any canine to fail to comply with the requirements of this section. Any person found in violation of this provision shall be subject to the penalties set forth in section 08-03-27 of this article. (Ord. 2950, 11-18-2013)

Prohibited Acts

Animals in Public Buildings or Transport

It is unlawful for any owner to permit, allow, keep or carry any animal in, upon or within any building used for government business and open to the public or in a public transportation vehicle. Provided that this prohibition shall not apply to any service animal, a canine specially trained in connection with law enforcement activities or when the general public is specifically invited to bring animals. (Ord. 2886, 11-21-2011; Ord. 2950, 11-18-2013)

Disturbing the Peace

It is unlawful for any owner of an animal to fail to exercise reasonably necessary control of the animal to prevent it from disturbing the peace and quiet of any neighborhood, family or person, by barking, whining or making loud or unusual noises, or by running on, defecating in, digging in or otherwise damaging cultivated gardens or lawns that are not the property of the owner, or causing unreasonable odor off the property of the owner. (Ord. 3001, 6-15-2015)

Animal Fighting

It is unlawful to allow animals to fight and violations shall be a misdemeanor pursuant to Idaho Code sections 25-3506 and 3507, as amended. (Ord. 2886, 11-21-2011)

Vicious Animals; Dangerous Animals

Vicious Animals Unlawful: It is unlawful to own, possess or have custody of a vicious animal anywhere within the City.

Vicious or Dangerous Animal:

A vicious or dangerous animal is:

  1. Any animal which, when unprovoked, in a vicious or terrorizing manner, physically attacks, wounds, bites, or otherwise injures any person upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the animal; or
  2. Any animal with a prior documented history, in any jurisdiction, of unprovoked attack or biting of persons or other domestic animal(s); or
  3. Any animal owned or harbored primarily or in part for the purposes of fighting or attacking people or any animal trained for fighting or attacking persons or animals.

Exceptions:

  1. No animal may be declared vicious or dangerous if an injury or damage is sustained by a person who, at the time that such injury or damage was sustained: a) was committing a willful trespass or other crime or tort upon the premises occupied by the owner of the animal, whether or not the animal's owner is present at the time of the unlawful trespass or other crime; or b) was teasing, tormenting, abusing or assaulting the animal; or c) was committing or attempting to commit a crime.
  2. No animal may be declared vicious or dangerous if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.
  3. No dog owned, maintained, or kept for work as a law enforcement dog, either currently or retired, may be declared vicious or dangerous if the action that would be defined as vicious or dangerous took place while the dog was acting within its capacity for law enforcement purposes. (Ord. 3201, 3-4-2019)

Seizure, Impoundment; Costs

In the event that the animal control officer has probable cause to believe an animal is vicious or dangerous and may pose a threat of serious harm to human beings or other domestic animals, the animal control officer may seize and impound the animal in the animal shelter pending a judicial determination on any charge related to vicious or dangerous animals.

Dangerous Animal Adjudication, Fines And Fees

It is unlawful to own, possess or have custody of a dangerous animal anywhere within the City unless such animal is secured at all times within an enclosure on the property of the owner. If the animal is found to be dangerous by a court of competent jurisdiction, the owner shall secure the animal at all times thereafter within an enclosure on the property of the owner or shall remove the animal permanently from the City. The owner shall be liable to the animal shelter for any and all fines and fees chargeable for its services to the animal while impounded. In the event the animal is not dangerous, it shall be returned to the owner who will not be responsible to the animal shelter for impound fees, but may be responsible for any other fines or fees legitimately assessed for sterilization, licenses, rabies inoculation, necessary medical care, etc. An animal control officer may again charge that such animal is dangerous upon subsequent actions of the animal.

Vicious Animal Adjudication, Destruction, Removal From City, Fines And Fees

If the animal is found to be vicious by a court of competent jurisdiction, the animal shall be destroyed or permanently removed from the City by the owner. The owner shall be liable to the animal shelter for any and all fines and fees chargeable for its services to the animal while impounded. In the event the animal is not vicious, it shall be returned to the owner who will not be responsible to the animal shelter for impound fees, but may be responsible for any other fines or fees legitimately assessed for sterilization, licenses, rabies inoculation, necessary medical care, etc. An animal control officer may again charge that such animal is vicious upon subsequent actions of the animal.

Return of Vicious or Dangerous Animal

If an owner elects to permanently remove a vicious or dangerous animal from the City and such animal is again impounded from within the City, it shall be destroyed. If an owner elects to permanently remove a vicious or dangerous animal from the City and such animal is again impounded from within the City, said owner shall be guilty of a misdemeanor and shall be punished as provided in Idaho Code 50-302(1) and 18-113, as amended.

Animal Which Bites, Injures or Attacks

Any owner or custodian of any animal which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation shall be guilty of a misdemeanor and shall be punished as provided in Idaho Code 50-302(1) and 18-113, as amended.

Vicious Animal Running At Large

Any owner or custodian of any vicious animal running at large shall be guilty of a misdemeanor and shall be punished as provided in Idaho Code 50-302(1) and 18-113, as amended. (Ord. 2886, 11-21-2011)

Violation and Penalty

It shall be unlawful for any person to fail to comply with the provisions of this article.

Infractions: Any person found in violation of any provision of this article shall be guilty of an infraction and shall be punished as provided in Idaho Code 50-302(1), as amended, by a imposition of a fine in an amount to be set by resolution of the City Council.

Third Offense In Five Years: Any person who pleads guilty to, is found guilty of, or is in any manner convicted of more than two (2) violations of the same provision of this article within five (5) years, shall be guilty of a misdemeanor and shall be punished as provided in Idaho Code 50-302(1) and 18-113, as amended.

Failure To Pay Fine: Failure to pay the fine for an infraction imposed for a violation of this article shall be a misdemeanor and shall be punished as provided in Idaho Code 50-302(1) and 18-113, as amended. (Ord. 2886, 11-21-2011)

Misdemeanors: Notwithstanding any provision of this article to the contrary, the Animal Control Director, animal control officer or prosecutor shall have the discretion to charge violations of section 08-03-15 (failure to quarantine), subsections 08-03-17(1) (livestock at large), 08-03-23(6) (abandonment), 08-03-23(7) (abuse), 08-03-07(2) (interfering with animal control officer), 08-03-19(9) (freeing of impounded or enclosed animals prohibited), 08-03-23(3) (animal fighting), 08-03-23(4) (animals unattended), 08-03-23(5) (cruelty to animals), and section 08-03-25 (vicious animals; dangerous animals) of this article as a misdemeanor on the first offense. (Ord. 3166, 8-6-2018)

Uniform Summons; Fee and Fine Schedule

Citation

The Idaho uniform citation shall be used by any animal control officer in the enforcement of this article.

Fee and Fine Schedule

By resolution, the City Council shall establish and from time to time amend the fines, fees and charges referred to in this article or as are otherwise necessary to carry into effect the intent and purposes of this article. The fine and fee schedule may establish enhanced fines and fees for multiple violations by the same owner. (Ord. 2886, 11-21-2011)

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Contact a Dog Bite Attorney in Boise Immediately After Injury

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