Dog Bite Injury Laws for Kuna, Idaho
If you or your loved one have been injured by a dog and the dog bite occurred in Kuna, below are the dog bite injury laws for Kuna, Idaho 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://library.municode.com/id/kuna/codes/code_of_ordinances?nodeId=TIT10PORE_CH3ANCO; Title 10, Chapter 3, Animal Control):
ANIMAL: Any mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or other member commonly accepted as part of the animal kingdom. Animals shall be classified as follows:
Domestic animals: Those animals commonly accepted as domesticated household pets that have traditionally, through a long association with humans, lived in a state of human dependence or traditionally have been kept as a household pet. These animals shall include dogs, cats, ferrets, caged birds, pigeons, gerbils, hamsters, guinea pigs, domesticated rabbits, chinchillas, fish, nonpoisonous, nonvenomous and nonconstricting reptiles or amphibians, and other similar animals.
AT LARGE: Off the property of the owner and not under the control of such person by either leash, cord or chain (not to exceed eight (8) feet).
ATTACK: Any aggressive action by an animal that a reasonable person would conclude places any person or domestic animal in reasonable belief of imminent and substantial 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 has been broken or penetrated by an animal’s teeth in an act of aggression, attack or defense.
CURRENT 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 of the following:
- Any dog that, unprovoked, has attacked or is attacking any person or domestic animal.
- Any dog previously designated as a “potentially dangerous dog”, where the owner has been notified in writing by the animal control officer of said status determination, and where the animal continues the behavior described in the definition of “potentially dangerous dog” of this section.
DOG: Both the male and female of the Canine species.
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.
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 charge, custody or control of, or permits any animal to remain on their property.
PERSON: Any individual, corporation, society, co-partnership, limited partnership, limited liability company, association, or any other legal or business entity.
POTENTIALLY DANGEROUS DOG:
- A dog, when unprovoked, who engages in an aggressive behavior requiring a defensive action by any person to prevent bodily injury, where the person is not on the real property of the owner of the dog.
- A dog, without provocation, which has killed, inflicted injury, or otherwise caused injury by attacking a domestic animal not on the property of the owner of the dog.
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.
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.
SERVICE ANIMAL: An animal specially trained to provide aid or assistance to a human, as defined by the Americans with Disabilities Act.
SEVERE INJURY: Any physical injury requiring medical attention.
Dogs Prohibited on Publicly Owned Property
Creation of dog-free areas; exceptions: It is the intent of the city council to create areas within the city limits that are designated “dog-free” areas. It shall, therefore, be unlawful for any person to permit, allow, or carry any dog onto publicly owned posted property or any other public place that has been posted disallowing dogs, with the following exceptions:
- Persons with disabilities utilizing assistance animals.
- The dog is confined in a motorized vehicle.
- The dog is confined to perimeter sidewalks or roadways only.
- Police officers and their service animals.
- Search and rescue animal handlers.
Parental responsibility: In the event that the dog’s owner is a minor, the parent or guardian shall be liable for all injuries, property damage, fines and impoundment fees caused or incurred by the animal.
Location for purchasing license: Dog licenses shall be purchased at locations designated by the city council.
License required; exceptions: It shall be unlawful for any person to own, harbor, keep or possess a dog older than six (6) months of age within the city without first procuring a license as required by this chapter, except:
- Dogs whose owners are nonresidents, but who are temporarily residing within the city for thirty (30) days or less, and possessing a license issued by another municipality or other licensing authority.
- Dogs brought into the city for the purpose of participating in shows, exhibits, competitions or similar events.
- Dogs specially trained to assist people with disabilities where the dog is serving in this capacity.
- Dogs for sale through licensed pet stores.
License term; application; fees:
- Dog licenses shall be valid until December 31 of each calendar year. The owner of the dog located within the city shall make application at city council designated locations and pay a license fee according to the schedule of fees adopted by city resolution.
- After July 1 of each calendar year, the license fee shall be one-half of the regular license fee and effective until December 31 of that year.
- No dog will be licensed as spayed or neutered without valid proof the surgery was performed.
- At time of payment the license issuer shall provide a receipt designating the dog owner’s name, license number, animal gender (or status of spayed or neutered) and the amount paid along with providing a metal tag bearing the number corresponding to that affixed upon the receipt.
- If a license is lost, the dog owner shall apply for a replacement tag and pay the appropriate fee.
- Dog licenses may be purchased starting December 1 of each calendar year.
Use of improper or imitation dog license: It shall be unlawful for a person to allow their dog to wear a license tag issued to another dog, or wear an imitated city license tag representing the current year’s registration, or any tag marked on plate or collar similar to that required by the city.
Animals Running at Large Prohibited
Animals running at large: It shall be unlawful for any owner to allow an animal(s) to run at large. Animals on a leash, cord or chain (not to exceed eight (8) feet) and accompanied by a person competent to handle the animal shall be permitted on streets or public land, unless the city has posted and signed an area “animals prohibited”.
Impoundment: The animal control agency may impound any dog, cat, or animal found running-at-large, subject to redemption in the manner as provided for herein. It shall be unlawful to kill, destroy, or cause injury to an animal running-at-large, except as provided for herein.
Collar and tag required: Every dog shall wear a substantial, durable collar, or harness at all times, to which the required license tag shall be securely attached.
Training and exercise grounds: The city council may designate public grounds for the training or exercise of dogs, subject to certain rules and regulations. Dogs exercising in these areas need not be controlled by leash, provided they are under the control of a responsible person through whistle, voice, or other effective command.
Rabies vaccination required:
- Vaccination requirement: The owner of any dog, cat or ferret over sixteen (16) weeks of age is required to have them vaccinated for rabies by a licensed veterinarian and to keep the vaccinations current, or request these requirements be waived by a licensed veterinarian.
- Waiver of vaccination: The waiver of the rabies vaccination requirement shall be obtained from a licensed veterinarian in the form of written statement that advises the medical reason for the waiver.
- Revaccination: The owner of every dog, cat or ferret shall have the animal revaccinated twelve (12) months after the initial vaccination and then every three (3) years thereafter. The owner shall use a vaccine labeled by the manufacturer for triennial use, or every year use a vaccine labeled by the manufacturer for annual use.
- Rabies certificate: The owner must keep a certificate of rabies vaccination issued by a licensed veterinarian. The certificate must provide the date of vaccination, owner’s name and address, the animal’s name (if applicable), sex, description and weight, the type of vaccine, the vaccine producer and product name, and the veterinarian’s identity.
Reporting suspected case of rabies: A person who has care or custody of an animal displaying rabies symptoms or acting in a manner, which prompts a reasonable suspicion that it may have this disease, shall notify the animal control agency.
Keeping of rabid animals unlawful: It shall be unlawful for a person, other than a licensed veterinarian, or the animal control agency, to have in its possession any animal afflicted with rabies or suspected of having rabies.
Reporting of bites: If a person’s animal bites someone and this particular animal species is vulnerable to contracting rabies, the animal owner shall immediately notify the animal control agency.
Payment of fees and expenses: The owner of any animal quarantined under the provisions of this section shall pay all fees and expenses related to that action including the impoundment, confinement, board, examination, laboratory testing and release of the animal from quarantine, and any other deposit or fee required by this chapter.
Animals Presenting an Immediate Danger
If an animal presents an immediate danger to the health and safety of a person, or the animal is threatening or harming a person, the animal may be destroyed by whatever humane means necessary to prevent further injury to the victim. Alternatively, the officer or animal control agency may, if practical apprehend the animal and impound it.
Any person violating this section shall be guilty of a misdemeanor punishable as provided for in Kuna City Code § 1-4-1.
Directing a Dog to Harass or Attack
It shall be unlawful for the owner of any animal to direct, encourage, cause, allow, or otherwise aid or assist a dog to threaten, charge, bite, harass, menace, or attack a person within the city. The aggressive animal may be seized and impounded. This section shall not apply to an attack by a dog under the control of a law enforcement officer or resultant from an attack upon an uninvited intruder who enters the owner’s property with a criminal intent.
Any person violating this section shall be guilty of a misdemeanor punishable as provided for in Kuna City Code § 1-4-1.
Keeping diseased animal: No person shall keep on their premises or permit to run at large a diseased animal who poses a danger to the health and safety of the city residents, even if the animal is properly licensed under this chapter.
Confinement: An animal suspected of carrying a disease that presents a threat to the health and safety of the public may be apprehended and quarantined at the animal control shelter or other approved location operated by the animal control agency. The animal control agency shall have a qualified, licensed veterinarian examine the animal. If the animal is found to be diseased and poses a danger to the health and safety of the city, the officer shall cause the animal to be humanely destroyed and see to the proper disposal of the remains. The owner of the animal destroyed shall be liable for the associated costs of maintaining and disposing of the animal, plus any veterinarian examination costs.
Release: If, after examination, the animal is found not to be diseased the animal shall be released to the owner free of charge for services rendered.
Destruction: An animal determined by a qualified, licensed veterinarian to carry a disease that threatens the health of humans or animals may be immediately destroyed where such action is necessary to protect public health and safety.
Habitual Barking or Noisemaking
Prohibition: It shall be unlawful for a person to fail to exercise proper care and control of their animal who frequently and/or excessively emits noises that are audible off of the owner’s property.
Impoundment: An animal determined to be in violation of this section may be seized and impounded in the event such disturbance reoccurs after the person in control of the premises has received one (1) prior warning or citation within a period of six (6) months from the animal control agency. It is not an acceptable defense to plead that prior animal noise making, warnings or citations involved different animals.
Exception, farm animals: This section shall not apply to noises made by farm animals whether it is noise making emanating from commercial or noncommercial activities on land permitted for farm animal keeping.
Affirmative defense: An affirmative noise defense is the circumstance where an animal was intentionally provoked into making noises.
Damage to Property; Liability
It shall be unlawful for any animal to damage or destroy any property, including a lawn or garden, or other thing of value upon the private property of any person or upon any public property. In the event that the owner of the animal is a minor or incapacitated person, the parent or guardian of such minor shall be liable for all injuries, property damage, fines and impoundment fees caused or incurred by said animal.
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