A. Any animal which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the animal;
B. Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animal without provocation;
C. Any animal which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation;
D. Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting.
Notwithstanding this definition, 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 tort 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. 4035, 9-4-2012)
A. Requirements: Any animal determined a vicious animal that is allowed the option of licensing and registration shall only be licensed and registered as follows:
1. No vicious animal shall be licensed for any licensing period commencing after October 1, 1988, unless the owner or keeper of such vicious animal meets the following requirements:
a. The owner shall present to the licensing authority, proof that the owner or keeper has procured liability insurance in the amount of not less than five hundred thousand dollars ($500,000.00) covering any damage or injury which may be caused by such vicious animal during the twelve (12) month period for which licensing is sought. The policy shall contain a provision requiring the licensing authority, or other entity required by the licensing authority, to be named as additional insured for the sole purpose of the licensing authority where such animal is licensed to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy; and
b. The owner shall, at his own expense, have the licensing number assigned to such vicious animal, or such other identification number as the licensing authority determines, recorded upon an electronic microchip, the type of which is standard in the veterinary community, and then implanted within the vicious animal by a licensed veterinarian, or someone trained and licensed for the implantation of electronic microchips. The electronic microchip shall be implanted within the vicious animal in a location that is standard within the industry for placement of such chips. The identification number recorded on the microchip shall be the same number that is noted on the licensing files for such vicious animal, if that number cannot be utilized, the number contained on the microchip shall be noted in the file of the vicious animal; and
c. The owner shall have and maintain an enclosure for the vicious animal where the vicious animal will be kept or maintained; and
d. The owner shall display a sign in conformance with section 6-2-1 of this chapter on his premises warning there is a vicious animal on the premises. Said sign shall be visible and capable of being read from the public highway; and
e. The owner shall sign a statement attesting that:
(1) The owner shall maintain and not voluntarily cancel the liability insurance required by this section during the twelve (12) month period for which licensing is sought, unless the owner ceases to own or keep the vicious animal prior to expiration of such license;
(2) The owner shall, on or prior to the effective date of such license for which application is being made, have an enclosure for the vicious animal on the property where the vicious animal will be kept or maintained;
(3) The owner shall notify the licensing authority and the animal control officer within twenty four (24) hours if a vicious animal is on the loose, is unconfined, has attacked another animal or has attacked a human being, or has died or has been sold or given away. If the vicious animal has been sold or given away the owner shall also provide the licensing authority with the name, address and telephone number of the new owner of the vicious animal; and
(4) The owner of the vicious animal will comply with all provisions of this chapter in keeping and maintaining the vicious animal.
B. Compliance: An animal control officer is empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this chapter, and any such animal control officer is hereby empowered to seize and impound any vicious animal whose owner fails to comply with the provisions hereof.
In the event that the owner of the animal refuses to surrender the animal to the animal control officer, the animal control officer may require a police officer to obtain a search warrant and to seize the animal upon execution of the warrant. (Ord. 4035, 9-4-2012)
A. All vicious animals shall be confined in an enclosure except as otherwise permitted herein. It is unlawful for any owner to maintain a vicious animal upon any premises which does not have a locked enclosure.
B. It is unlawful for any owner to allow any vicious animal to be outside of the dwelling of the owner or outside of the enclosure unless it is necessary for the owner to obtain veterinary care for the vicious animal or to sell or give away the vicious animal or to comply with commands or directions of the animal control officer with respect to the vicious animal, or to comply with the provisions of section 6-2-6 of this chapter. In such event, the vicious animal shall be securely muzzled and restrained with a chain having a minimum tensile strength of three hundred (300) pounds and not exceeding three feet (3') in length, and shall be under the direct control and supervision of the owner of the vicious animal. (Ord. 4035, 9-4-2012)
A. Any animal determined to be a vicious animal, whose owner fails to comply with the provisions contained in sections 6-2-6 and 6-2-7 of this chapter shall be confiscated by the animal control officer and following a hearing to determine noncompliance, said animal shall be destroyed in an expeditious and humane manner after the expiration of a five (5) day waiting period exclusive of Sundays and holidays. In addition, the owner shall be guilty of a misdemeanor.
B. If any animal, whether or not previously determined vicious, when unprovoked, kills, wounds, worries or assists in killing or wounding of any animal or human being, the owner of said animal shall be guilty of a misdemeanor. In addition, the animal control officer shall confiscate the animal and, a hearing shall be held to determine if said animal shall be destroyed as set forth in section 6-2-12 of this chapter.
C. No fine and/or microchip requirement shall be suspended by any court of competent jurisdiction. (Ord. 4035, 9-4-2012)
1. Violations: Violations of the provisions of this chapter shall be a misdemeanor and shall be punished as set forth in Idaho Code section 18-113, as amended, or in accordance with any more specific section(s) of this chapter.
2. Idaho Uniform Citation: The Idaho uniform citation shall be used by the animal control officer, code enforcement officer, and/or peace officer in the enforcement of this chapter.
B. Fine Schedule: Unless otherwise stated within this chapter, the fine schedule for a dog, for no license and/or rabies shot, for failure to confine a canine in heat, and/or for failure to confine a canine shall be a minimum of fifty dollars ($50.00) plus court costs for a first offense. The fine schedule for a second offense within five (5) years shall be a minimum of one hundred dollars ($100.00). The fine schedule for a third, and any subsequent offense, shall be a minimum of one hundred fifty dollars ($150.00). These fines may be paid to the court or as provided by rule 14 of the misdemeanor criminal rules. No other penalty shall apply for these offenses except as provided in subsection C of this section.
1. Issuance Of Notice: When an animal control officer observes any licensing, vaccination, an unaltered animal violation, or failure to confine a canine in heat as discussed in this chapter, the officer may issue in place of a uniform citation a violation notice to the canine owner or possessor.
2. Waiver: The violation notice shall contain a waiver provision providing that the person to whom the violation notice is issued waives all rights to protest such violation and waives all rights to a hearing on issues relating to that violation.
3. Violation Fees: The violation notice subjects the violator to a forty dollar ($40.00) violation fee and a ten dollar ($10.00) late fee for each unlicensed animal and requires the violator to show proof of a current rabies vaccination and proof of spay and/or neuter. If the owner or possessor demonstrates that the animal has been altered and is currently licensed before the compliance date has been set, the violation fee(s) shall be waived. Failing this, the owner or possessor shall spay or neuter the animal. All associated costs or fees shall be paid to the enforcing agency.
4. Compliance: To comply with the notice, the violator must present his copy with a forty dollar ($40.00) fee payment.
5. Noncompliance: If the animal owner or possessor does not comply with the payment of the late violation fees, or sign the waiver of rights, by the compliance date, the animal control officer may issue a uniform citation for the licensing or keeping an unaltered animal in the city limits and/or rabies vaccination violations. (Ord. 4035, 9-4-2012)
The section below has been affected by a recently passed ordinance, 4075 - DOGS; SPECIAL PROVISIONS. Go to new ordinance.6-2-15: DOGS; SPECIAL PROVISIONS:
A. License; Application; Fees: All dogs shall be licensed as set forth in section 6-2-19 of this chapter. Licenses shall be issued by the city of Nampa for either one year or three (3) years effective from the date of issue. The owner, or person having charge of any dog within the city shall make application for such license and pay a license fee according to the schedule adopted by the city:
1. Upon receipt of such application and payment of fees, the person issuing the license shall issue a receipt designating the owner's name and the number of the license, the sex (or status of spayed or neutered) of the dog and the amount paid by him together with a metal tag bearing the number corresponding to the number on the receipt. No dog will be licensed as spayed or neutered without proof that such surgery was performed. If a license is lost, the animal shelter director or other designated agent shall, upon application and payment of two dollars fifty cents ($2.50), issue a duplicate license. Licenses for the following year may be purchased within ninety (90) days prior to the expiration date. If a dog is licensed as a male or female, and is spayed or neutered within the licensing period, the licensing authority shall, upon presentation of a veterinarian's statement of spaying or neutering, refund the difference in license fee. Each applicant for license shall certify on the application form that the dog has received vaccinations for rabies.
2. License fees shall be waived for any guide dog that has been properly trained for the purpose of and is used to guide a blind or partially blind person, a person with impaired hearing, or any other severely disabled person who requires a guide dog.
B. Imitation License Tags: It is unlawful for any person to allow any dog owned, kept or harbored by him to wear a license tag received on account of a former licensee or to wear any imitation of the license tag issued for that year.
C. Training And Exercise Grounds: The council may designate such areas of the public park or other public grounds of the city which may be used, subject to the rules and regulations as may be prescribed, for the training or exercise of dogs. Dogs within such areas so designated need not be controlled by leash, but shall be under the control of a responsible person and controlled by whistle, voice, or other effective command.
D. Collar; Tag: Every dog shall at all times wear a substantial, durable collar, to which is securely attached the required license tag.
E. Running At Large Prohibited: Any person who owns, harbors, keeps, claims, or possesses an animal, whether the animal is licensed or not, which animal if found at large upon the streets or alleys of the city, or in any public place in the city or upon any other premises without the consent of the person in possession of such premises, is responsible for such animal being at large and in violation of this section; except:
1. When such animal is controlled by a leash not exceeding eight feet (8') in length; or
2. Such animal is confined in a motor vehicle; or
3. When written permission is obtained in advance from the city to have a dog or dogs at large; or
4. When such animal is within a designated "training and exercise ground" and is properly controlled as set forth in subsection C of this section; or
5. When such animal is under the immediate control of a responsible person and immediately responsive to that person's command; however
F. Dogs In Pre-Estrus State: It shall be unlawful for the owner, keeper, or possessor of a female canine in the pre-estrus state (in heat) to fail, neglect, or refuse to confine such animal indoors in a type of kennel preventing nuisance or undesired fertilization by male canines unless restrained by a leash not exceeding eight feet (8') in length, and under the immediate control of the owner, keeper, or possessor (e.g., in their accompaniment if off the property).
G. Penalties: Any person who pleads guilty to, or is found guilty of, a violation of the provisions of this section, shall be guilty of an infraction. Any person who pleads guilty to, or is found guilty of, a third or subsequent violation of the provisions of this section, within a period of one year of the first conviction, shall be guilty of a misdemeanor for each offense. (Ord. 4035, 9-4-2012)
A. It is unlawful for any person to permit, allow, keep or carry any animal in, upon or within a public transportation facility, or any other public building or facility, particularly a building or facility in which food or drink is prepared or stored, except that a disabled person shall not be denied the use of any common carrier or public transportation facility or admittance to any other public building or place within the city by reason of his being accompanied by a seeing eye, assistance, or guide dog specially trained for such a purpose. It is the intent of this chapter to permit and authorize a disabled person to have a seeing eye, assistance, or guide dog with him in such places and while using such facilities without being required to pay any additional charges for the dog, but such disabled person is liable for any damage or disturbances caused by such dog.
B. It is unlawful for any person to permit, allow, keep or carry any animal in, upon or within a public transportation facility, or any other public building or facility, particularly a building or facility in which food or drink is prepared or stored, except a certified assistance dog trainer shall not be denied the use of such facilities if accompanied by a seeing eye, guide, or assistance dog in training. Such dog shall be properly leashed at all times so that the trainer may at all times maintain control of the dog. Access to public places shall be denied for seeing eye, guide, or assistance dogs in training if the dog is poorly groomed so as to create a health hazard or the person accompanying the dog cannot maintain control of the dog. The person accompanying the seeing eye, guide, or assistance dog in training shall be liable for any damages or injuries caused by the dog. (Ord. 4035, 9-4-2012)
The section below has been affected by a recently passed ordinance, 4076 - CANINE LICENSE . Go to new ordinance.6-2-19: LICENSING:
A. Canine License Required; Application:
a. 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 of Nampa without first procuring a license therefor, as provided by this section.
b. Exception: The provisions of this section shall not apply to any person visiting the city of Nampa for a period not exceeding thirty (30) days.
c. Term Of License: Canine licenses may be purchased for a one year or three (3) year period. All canine licenses shall begin on the date when issued and shall remain in effect until either one or three (3) years following payment of the appropriate license fee or the date the current rabies vaccination expires, whichever comes first.
d. Application; Fee: The owner or person having charge of any canine within the city shall make application and submit applicable fees to the city of Nampa, through the city clerk, or through the department designated for processing of such applications and fees.
e. Proof Of Spay/Neuter And 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.
f. Receipt, Tags; Duplicate License: Upon receipt of application for license and payment of fees, the person issuing the license shall issue a receipt designating the owner's name and the number of the license, the sex (or status of spayed or neutered) of the canine and the amount paid by him together with a metal tag bearing the number corresponding to the number of the receipt. If a license is lost, the animal shelter director or other designated agent shall issue a duplicate license. Licenses for the following year may be purchased within ninety (90) days prior to the expiration date.
g. Guide Canine Fees Waived: License fees shall be waived for any guide canine that has been properly trained for the purpose of and is used by a disabled person who requires an assistance dog.
h. Kennel License: It is unlawful to keep, maintain or possess upon the premises of any one dwelling unit more than two (2) dogs over the age of six (6) months unless the owner or person in charge thereof obtains a kennel license and any conditional use permit required according to the city of Nampa, Idaho, zoning ordinance. If a kennel license is issued, the holder shall pay to the city an annual license fee established by council resolution. Such kennel license shall only be permitted and issued in accordance with the terms and provisions of this section as hereafter noted:
(1) Conditions: The permit shall be issued or renewed only if the department determines that the following conditions have been met:
(A) The animals are vaccinated for rabies and other common diseases;
(B) The animals are housed properly providing that the property may be inspected by animal control to determine if the animal's habitation and living conditions are safe, healthy and do not present a nuisance;
(C) The animals have not been impounded more than twice at the shelter for running at large within the past calendar year.
Further, the following conditions shall be allowed by Nampa city council:
(A) Duration Of Permit: The duration of the conditional use permit may be affixed to the ownership or possession of the canine(s) by the applicant such that the conditional use expires if the property where the canines are kept changes by way of ownership, rent or lease.
(B) Noticing: Notice of any public hearing required on any application for a kennel license shall be mailed to all surrounding property owners in a three hundred foot (300') radius. If a kennel license is issued, the holder shall pay to the city an annual license fee established by council resolution.
B. Nonsterilized Canine: It shall be unlawful to own, possess or keep in the city any dog over the age of six (6) months that has not been spayed or neutered except as provided as follows:
1. Statement Of A Veterinarian: If a licensed veterinarian states in writing that an animal is unfit to undergo the required surgical procedure because of an extreme health condition of the animal. Such extreme health condition shall include, but not be limited to: severe cardiovascular compromise, bleeding disorder, respiratory disease and hepatic disease. The old age of an animal shall not, of itself, constitute an extreme health condition for purposes of this section; or
2. Show Or Event: If an animal is temporarily in Nampa to participate in a show or event sponsored by a sanctioned animal organization; or
3. Imported Or Visiting Canine: If an animal is owned, possessed or kept in the city for fewer than thirty (30) days in a one year period; or
4. Public Service Or Guide Dog: The canine is a public service dog or guide dog; or
5. Kennel License: The owner or possessor has obtained a kennel license from the city of Nampa; or
6. Paid Fees: The owner or possessor of the canine has made payment of all necessary unaltered animal fees to the animal shelter. (Ord. 4035, 9-4-2012)
A. Rabies Affliction: It is unlawful for a person other than a veterinarian, or the animal shelter to own, keep or harbor any animal afflicted with rabies.
B. Securing Disposition Of Animal: The chief of police, or his designee, the animal shelter director, or the owner shall secure disposition of any animal afflicted with rabies.
C. Quarantine, Surrendering Of Animal:
1. It is the duty of every owner of an unvaccinated animal showing symptoms of rabies, 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 to a licensed veterinarian for a period not to exceed ten (10) days. If such animal is determined free of rabies, it shall be returned to the owner upon payment of the regular fee for keeping such animal impounded. If such fee is not paid the animal shall be subject to disposal as provided in this chapter.
2. It is the duty of every owner of an animal, which has bitten any person causing an abrasion of the skin, to quarantine the animal at a location that will provide confinement and isolation for a period not to exceed ten (10) days.
D. Contagious Disease Animals: Any animal, which has a contagious disease, shall not be shipped or removed from the premises of the owner of such animal except under the supervision of the animal shelter director. (Ord. 2110; amd. Ord. 2334)
The section below has been affected by a recently passed ordinance, 4077 - NUISANCE. Go to new ordinance.6-2-22: NUISANCE:
A. Excessive, continuous or untimely barking, or noise;
B. Molesting passersby, chasing vehicles;
C. Habitually attacking other domestic animals;
D. Trespassing upon public or private property in such a manner as to damage the property. (Ord. 2110)
A. A police officer, animal control officer, or any other person may seize and impound all dogs at large. All animals seized must be immediately delivered to the animal shelter for impoundment.
B. The owner of any animal impounded may recover possession of such animal upon payment of all required fees. If the owner or representative of the owner of any animal impounded fails to pay the required fees within twenty four (24) hours after actual notice to the owner or representative of the owner, or within five (5) days after reasonable and diligent effort to notify the owner or representative of the owner, the animal shelter may dispose of an animal either through adoption, provided the new owner pays the required fees, or through euthanasia. (Ord. 2110)