Article 5
ANIMAL CONTROL REGULATIONSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=56948
03-05-01: TITLE:
03-05-03: PURPOSE AND AUTHORITY:
03-05-05: DEFINITIONS:
03-05-07: ENFORCEMENT:
03-05-09: KENNEL LICENSING:
03-05-11: CANINES; COLLAR AND TAG:
03-05-13: RABIES, DISEASE AND QUARANTINE:
03-05-15: RUNNING AT LARGE PROHIBITED:
03-05-17: IMPOUNDING:
03-05-19: IMPOUND AND BOARDING FEES:
03-05-21: PROHIBITED ACTS:
03-05-23: VICIOUS ANIMALS:
03-05-25: UNIFORM SUMMONS; PROSECUTION; FINE SCHEDULE:

03-05-01: TITLE:linklink


This article shall be known as the CANYON COUNTY ANIMAL CONTROL REGULATIONS OF 2011. (Ord. 11-010, 9-29-2011)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=56948#s769097
03-05-03: PURPOSE AND AUTHORITY:linklink

This article is intended to help solve the problems caused by unowned, unwanted and undisciplined canines running at large in Canyon County, Idaho, and to provide for determination, registration and disposal of vicious animals in the county. This article is also designed to help solve the problems caused by "livestock", "fowl" or "poultry", and other animals as defined herein, except felines, domestic or feral, from running at large in the county. This article is enacted upon the authority derived from Idaho Code, sections 25-2801 et seq., 31-801, 31-828 and 31-714 to provide for the health, safety and welfare of the public. (Ord. 11-010, 9-29-2011)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=56948#s769098
03-05-05: DEFINITIONS:linklink

As used in this article, the following words and terms shall have the meanings ascribed to them in this section:

ABANDON: To completely 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 and attention.

ANIMAL: Any member of the animal kingdom (Animalia) other than humans.

Domestic (Pet): An animal that lives in or near the habitations of humans, often tame, which is kept for companionship or utility but not for commercial purposes, including, but not limited to: amphibians (nonvenomous), felines, canines, hybrids, birds (excluding licensed birds of prey), reptiles (lizards, nonvenomous snakes), rodents (hamsters, gerbils, mice, rats, ferrets), aquarium fish, rabbits (although these are often "farmed"), poultry (chickens, turkeys), fowl (ducks, geese, peacocks) and insects.

Exotic: Animals not usually considered to be pets or livestock. The term connotates unique or special in nature (see definition of Animal: Exotic, Wild).

Exotic, Wild: Species (including hybrids) not native to the state of Idaho, whether or not in captivity, including, but not limited to: chukar, red fox, squirrels, lions, tigers, elephants, monkeys, dangerous reptiles (alligators, crocodiles, gila monsters), valley quail, pheasants, emus (also includes feral animals).

Feral: An animal that belongs to a domestic or livestock species but behaves like a wild, free ranging species. They may or may not belong to humans.

Native Wild: Free ranging species (including hybrids) presently native to the state of Idaho including: bats, black bears, beavers, birds of prey (eagles, falcons, hawks, vultures, owls), magpies, mountain quail, mink, muskrats, bobcats, cougars, deer, elk, moose, kit fox, coyotes, gray wolf, skunks, weasel, badgers, raccoons, chipmunks, marmots, pocket gophers, ground squirrels, rabbits, mice, wood rats, river otters, porcupines, lizards, turtles, snakes, toads, frogs, songbirds, waterfowl (ducks, geese), ravens, crows, various fish and insects.

Stock: See definition of Livestock.

Wild: Any animal of any size or species considered potentially dangerous or to have a greater than average chance to create nuisance and thereby disturb the public or whose presence in the community is an abnormality. These are animals not normally kept in captivity and may include, but are not limited to, the animals listed under the definitions of Animal: Exotic, Wild and Animal: Native Wild. Other animals normally associated with a zoo environment or considered protected or endangered species, are included here as well. (Note: Persons, groups, or centers commonly associated with maintaining wild animals include rehabilitators, falconers, and game ranches who are all to be licensed by various state and federal agencies.)

ANIMAL CONTROL OFFICER: Any person designated by the sheriff, whether a sworn deputy or civilian employee, whose primary duties involve the enforcement of this article.

AT LARGE: (1) Off the premises of the owner and not under the control of the owner or member of his immediate family, either by leash, cord, chain or other means of physical restraint.

(2) On the premises of the owner and not confined by substantial fence of sufficient strength and height to prevent the animal from escaping therefrom or secured on the premises by a metal chain, cable, adequately functional electronic containment fence, or other nondestructive device sufficient in strength to prevent the animal from escaping from premises and so arranged that the animal will remain upon the premises and not come any closer than six feet (6') to a public walkway or sidewalk when the restraint leash is stretched to full length.

BOARD: The Canyon County, Idaho, board of county commissioners.

CANINE: Shall include either male or female, whether neutered or spayed, whether fully domesticated canine or domestic hybrid.

COUNTY: Canyon County, Idaho, or the unincorporated areas of Canyon County, Idaho.

COUNTY ANIMAL SHELTER: Premises selected by the sheriff as a suitable facility for the requirements of this article, or a facility which has contracted with the board to meet the requirements of this article.

ENCLOSURE: A fence or structure of at least six feet (6') in height, 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 by the owner such as tethering of the animal. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping.

FELINE: Shall include either male or female cat of any breed or mixed breed whether neutered or spayed.

FOWL: See definition of Animal: Domestic (Pet).

HYBRID: An animal resulting from the crossbreeding between two (2) different species or types of animals. A cross between a domestic animal and a wild animal such as a wolf-dog cross or coyote-dog cross, would be considered a domestic animal whereas a cross between two (2) wild animals would be considered a wild animal.

IMPOUNDED: Taken into custody of the sheriff as provided in this article.

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

MICROCHIP: An integrated circuit which is implanted subcutaneously in the flesh of a canine.

MISUSE: The intentional causing of an animal to perform a noncustomary task which could be dangerous or harmful to the animal.

MUNICIPALITY: Either the county or the city that has enacted the ordinance codified in this article.

OWNER: Shall be construed to include any person owning, harboring, keeping, possessing, caring or having custodial duties over any animal.

POULTRY: See definition of Animal: Domestic (Pet).

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 (inclement weather).

SHERIFF: The duly elected sheriff of Canyon County, Idaho, and his or her agents, deputies, and animal control officers. This definition shall include both sworn and civilian personnel.

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;

(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;

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

(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 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. 11-010, 9-29-2011)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=56948#s769099
03-05-07: ENFORCEMENT:linklink


(1) Enforcement By Animal Control Officer:

A. The enforcement of this article shall be the responsibility of the animal control officer within the unincorporated areas of the county and within participating municipalities. The sheriff shall bestow the authority of a deputy sheriff upon the animal control officer.

B. 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.


(2) Adoption And Enforcement Of Animal Control Ordinance By Cities In The County: The municipalities within Canyon County shall be responsible for the adoption and enforcement of the county animal control ordinance or their own ordinances. (Ord. 11-010, 9-29-2011)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=56948#s769100
03-05-09: KENNEL LICENSING:linklink


(1) Personal Kennel License: It is unlawful to keep, maintain or possess upon the premises of any one household more than three (3) canines three (3) months of age or older in an unincorporated area of the county unless the owner or person in charge thereof shall have obtained a personal kennel license for a maximum of five (5) canines.


(2) Kennel License: A kennel license shall only be permitted and issued in accordance with the terms and provisions of the county zoning ordinance1; provided, however, that notice of any public hearing required on any application for a kennel license shall be mailed to all abutting property owners within the boundary line of an area determined by the intersection of lines drawn six hundred feet (600') at right angles out from and parallel to all sides of the tract whereupon such kennel is to be erected or maintained. Where dedicated street rights of way are encountered, they shall be included in establishing the six hundred foot (600') boundary line around the tract.

A. License Fee: A kennel license shall be issued when the applicant pays the annual kennel license fee as established by the board provided the requirements established in this section have been fulfilled.

B. Location: No kennel shall be established within one hundred fifty feet (150') of any dwelling house other than that of the kennel owner; provided, however, that a kennel license may be issued to establish a kennel within one hundred fifty feet (150') of a dwelling house other than that of the kennel owner upon consent of all property owners within three hundred feet (300') of the kennel.

C. Condition; Noise: Said canine kennel shall be kept at all times in a clean and sanitary condition and the canines shall be reasonably restrained from annoying the neighborhood or the general public by loud, frequent, or habitual barking, yelping or howling.


(3) Kennel License Fee: The kennel license fee is thirty dollars ($30.00) per year. This fee may be amended by resolution of the board of county commissioners. (Ord. 11-010, 9-29-2011)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=56948#s769101
03-05-11: CANINES; COLLAR AND TAG:linklink

Every canine shall at all times wear a substantial and durable collar to which shall be securely attached ownership information for the canine. This collar and tag requirement shall not apply if the canine has been implanted with a microchip containing ownership information for the canine. (Ord. 11-010, 9-29-2011)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=56948#s769102
03-05-13: RABIES, DISEASE AND QUARANTINE:linklink


(1) Afflicted Animals Prohibited: It is unlawful for a person other than a veterinarian or the county animal shelter to own, keep or harbor any animal afflicted with rabies.


(2) Duty To Detain: The sheriff or his/her designee or the owner shall secure the disposition of any animal afflicted with rabies.


(3) Suspect Animals: It is the duty of every owner of an animal showing symptoms of rabies, or 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 county animal shelter or to a licensed veterinarian for a period not to exceed fifteen (15) days (but not less than 10 days from the date of the bite); provided, for the animals with proof of a current rabies vaccination, the sheriff or his/her designee has the discretion to allow the canine to be quarantined in the owner's home under such terms and conditions as the sheriff or his/her designee shall impose. If such animal shall be determined free of rabies, it shall be released from quarantine or returned to the owner upon payment of the regular fee for keeping such animal impounded, if applicable. If such fee is not paid, the animal shall be subject to disposal as provided in this section.


(4) Sterilization: If a canine over three (3) months of age is quarantined pursuant to this section and has not been sterilized, the owner or claimant must have the canine sterilized. The owner or claimant is responsible for the cost of sterilization.


(5) Redemption: If the owner of any canine impounded under this article shall fail to pay the required fees within twenty four (24) hours after actual notice to the owner, or within five (5) working (business) days, excluding Saturdays, Sundays and holidays, after reasonable or diligent effort to notify the owner, the canine may be disposed of through adoption or through euthanasia.


(6) Contagious Diseased 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 sheriff.


(7) Rabies Inoculation: It is unlawful to keep or harbor any canine or feline over the age of three (3) months in the county unless such canine or feline has been inoculated against rabies within the preceding three (3) years. (Ord. 11-010, 9-29-2011)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=56948#s769103
03-05-15: RUNNING AT LARGE PROHIBITED:linklink


(1) Canines:

A. Canine At Large: It shall be unlawful for any person to allow a canine which he owns, keeps, or harbors to be at large or to negligently fail, neglect or refuse to prevent a canine which he owns, keeps or harbors from being at large upon the roads, streets or alleys of the county or any public place of the county or upon any premises other than his own. Any person found in violation of this provision shall be guilty of an infraction and shall be punished as provided in Idaho Code section 18-113A, as amended.

B. Canine At Large, 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 subsection (1)A, "Canine At Large", of this section, within five (5) years, shall be guilty of a misdemeanor and shall be punished as provided in Idaho Code section 18-113, as amended.

C. Confinement Of Female Canines In Heat: It shall be unlawful for the owner, keeper or possessor of a female canine in the estrus state (in heat) to negligently fail, neglect or refuse to confine such animal indoors or in a type of kennel preventing nuisance or undesired fertilization by male canines unless restrained by the owner or possessor and under the immediate control of the owner or possessor (e.g., in their accompaniment if off the property).


(2) Livestock:

A. Prohibited: It shall be unlawful for any person to allow livestock which he owns, keeps or harbors to be at large upon the roads, streets or alleys of the county or upon any premises other than his own.

B. Herding Or Driving Animals: It shall be unlawful for anyone to herd or drive any animal through the county without having said animal under control by means of rope, strap or other device by which it may be led, unless such animal is being driven in harness or hauled; it is hereby made and shall be the duty of any animal control officer of the county to seize and impound any and all horses, mules, donkeys, burros, cattle, sheep, goats, llamas, buffalo or pigs found running at large within the county.

C. Exception: This subsection (2) shall not be construed as prohibiting stockmen from driving herds through the county when necessary to transfer them from one pasture to another or for the purpose of shipping, but such stockmen so driving stock through the county shall be liable to property owners for all damages done to their property by such stock while being driven through the county, whether or not such damage is caused by the negligence of the said stockman or his agents. Such stock shall be driven through the county in as short a time as possible.


(3) Fowl And Poultry: It shall be unlawful for any person to keep fowl, guineas or poultry unless such fowl, guineas or poultry are at all times kept upon his own premises, within a shed, pen or other enclosure sufficient to restrain said fowl, guineas or poultry from trespassing upon the property of others.


(4) Animals At Large: It shall be unlawful for any animal(s) (except felines, domestic or feral), owned or possessed by an individual to be at large upon the roads, streets or alleys of the county or any public place of the county or upon any premises other than his own. Waterfowl in county parks are exempt from this section. (Ord. 11-010, 9-29-2011)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=56948#s769104
03-05-17: IMPOUNDING:linklink


(1) Canine:

A. Apprehension Of Canine Running At Large: It shall be the duty of the animal control officer and peace officer of the unincorporated areas of the county or peace officer of participating municipalities to apprehend any canine found running at large or disturbing the peace contrary to the provisions of this article, and to impound such canine in the county animal shelter or other suitable place, provided that if any fierce, dangerous or vicious canine found running at large cannot be safely taken up and impounded, such canine may be slain by any peace officer or animal control officer.

B. Record To Be Made: The animal control officer or peace officer so impounding or slaying any canine shall record a description of the canine in a book kept for that purpose.

C. Recovery Of Impounded Canines: The owner of any canine impounded may recover possession of same upon payment of all applicable fees or fines which includes, but is not limited to, impound fees, rabies vaccinations, and board fees. If the owner or representative of the owner of any canine impounded shall fail to pay the required fees within twenty four (24) hours after actual notice to the owner, or within five (5) working (business) days, excluding Saturdays, Sundays and holidays, after reasonable or diligent effort to notify the owner or representative of the owner, the animal may be disposed of through adoption or euthanasia.

D. Diseased Animals; Destruction: Any animal impounded and suffering from serious injury or disease may be euthanized.

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

F. Freeing Of Impounded 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 animal has been detained by those individuals authorized to detain animals under this section.

G. Releasing Canines From County Shelter Or Place Of Observation: It shall be unlawful for any person, except those responsible for the enforcement of this article, to release any canine without the consent of the owner to release his/her own or any other canine from the county animal shelter or from any other place where an animal, canine or poultry may be held for observation.


(2) Livestock:

A. Apprehension Of Animals Running At Large: If any animals shall be found running at large contrary to the provisions of this article, the animal control officer or any other peace officer of the county or participating municipalities may take up and confine the same in a livestock yard or other suitable place pursuant to Idaho Code section 25-2302, after first notifying the Idaho state brand inspector of the situation and discussing his intentions concerning the same.

B. Animals Disturbing The Peace: In the case of an animal disturbing the peace, there shall be an attempt to contact the owner at his home and a warning issued. If the owner is not present or does not heed the warning, the animal may be impounded in accordance with this article. Such animal taken up and confined shall not be released until the owner or person entitled to have possession thereof shall pay all fees, including all expenses incurred in boarding such animal so impounded.

C. Impounded Livestock Redemption: Any animal impounded because it was found running at large may be redeemed by the owner prior to the sale or destruction of such animal by paying all charges against the same, including all fees under this article and expenses incurred in boarding such animal so impounded.


(3) Fowl And Poultry:

A. Apprehension Of Fowl And Poultry At Large: If any fowl or poultry shall be found running at large contrary to the provisions of this article, it is hereby made the duty of the animal control officer or any other peace officer of the county or participating municipalities to take up and confine the same in a livestock yard or other suitable place.

B. Redemption Of Fowl And Poultry: Any fowl or poultry impounded because it was found running at large may be redeemed by the owner prior to the sale or destruction of such animal by paying all charges against the same, including all fees under this article and expenses incurred in boarding such animal so impounded.


(4) Other Animals Running At Large:

A. Apprehension Of Animals Running At Large: If any animals, including domestic pets (except felines, domestic or feral, or canines or fowl and poultry), or exotic animals as defined in section 03-05-05, "Definitions", of this article shall be found running at large contrary to the provisions of this article, it is hereby made the duty of the animal control officer or any other peace officer of the county or participating municipalities to take up and confine the same in the county animal shelter, livestock yard, or other suitable place.

B. Redemption Of Animals: Any animal impounded because it was found running at large may be redeemed by the owner prior to the sale or destruction of such animal, by paying all charges against the same, including all fees under this article and expenses incurred in boarding such animal so impounded.


(5) Holding Period Prior To Disposition:

A. Five Working Day Holding Period: Animals impounded under this article shall be held for five (5) working (business) days, excluding Saturdays, Sundays and holidays, before they may be adopted or disposed of in a humane manner.

B. Holding Period Modification: The county animal shelter or sheriff may modify the holding period regulations of this subsection, upon a showing of good cause. Any animal that appears to be infected with rabies or other infectious or dangerous diseases or is seriously injured may be immediately euthanized.


(6) Sterilization: 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. (Ord. 11-010, 9-29-2011)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=56948#s769105
03-05-19: IMPOUND AND BOARDING FEES:linklink


(1) Impound Fees For Canines Established:

Impound   Licensed Canine1   Unlicensed Canine  
First impound   $  25.00   $  50.00  
Second impound   50.00   75.00  
Third impound   75.00   125.00  
Fourth and subsequent impounds   100.00   175.00  

Note:
1. Licensed canine impound fees apply to those canines with a current and valid license issued under ordinance 04-009, as amended.


(2) Additional Impound Fees: In addition to the above fees, the following fees shall be assessed for unsterilized canines, unless the owner agrees to have the animal sterilized:

First impound   $100.00  
Second impound   200.00  
Third impound   Mandatory sterilization  


(3) Certain Fees Waived For Sterilization: Upon the first impound of an unsterilized canine, the additional impound fee noted in this section will be waived if the owner elects to have their canine sterilized. The owner will be responsible for the costs of sterilization. Upon the second impound of an unsterilized canine, the impound fees associated with unsterilized canines will be waived if the owner elects to sterilize the canine. The owner is responsible for the costs of sterilization.


(4) Impound (Reclaiming) Fees For Felines: Any feline may be reclaimed by the owner, subject to the fees described herein. The reclaiming fee shall be fifteen dollars ($15.00) if the owner provides satisfactory proof that the feline has been spayed or neutered. If the owner has the feline spayed or neutered after impoundment, the reclamation fee shall be twenty five dollars ($25.00). If the owner of the feline desires to have the animal returned to him/her without spaying or neutering the feline, the reclamation fee shall be fifty dollars ($50.00).


(5) Impound Fees For Other Animals Established:

First impound   $  25.00  
Second impound   50.00  
Third impound   75.00  
Fourth and subsequent impounds   100.00  


(6) Board Fees: In addition to the above impound fees, at the time of redemption, a person redeeming an animal under this article shall pay the costs incurred in boarding and keeping the animal during impoundment.


(7) Amendment Of Fee: The fees or fee schedules authorized by this article may be amended by resolution of the board of county commissioners. (Ord. 11-010, 9-29-2011)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=56948#s769106
03-05-21: PROHIBITED ACTS:linklink


(1) Animals In Public Places:

A. Prohibited: 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.

B. Animals Within Public Parks, Golf Course, Cemetery: No canines, horses, cattle or livestock of any kind shall be allowed within any public park, golf course, or cemetery within the county or participating municipalities, except when such an animal is kept confined in a vehicle or trailer.

C. Exception: A blind or partially blind person, or any person who requires a guide canine 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 county by reason of his being accompanied by a seeing eye or guide canine specially trained for such purpose. It is the intent of this article to permit and authorize a blind person or partially blind person or a person with impaired hearing or any severely disabled person who requires a guide canine to have a seeing eye or guide canine with him in such place and while using such facilities without being required to pay any additional charges for the canine, but such blind person shall be liable for any damage or disturbances caused by such canine.


(2) Animals Unattended In Vehicles: No person shall leave a canine or other animal in any unattended motor vehicle without adequate ventilation and sanitary conditions, or in such a manner as to subject the animal to extreme temperatures which adversely affect the animal's health and safety.


(3) Disturbing The Peace: It is unlawful for any owner of a canine to fail to exercise the reasonably necessary proper care and control of his/her canine in order to prevent it from disturbing the peace and quiet of the neighborhood by barking, whining or making loud or unusual noises, or by running through or across cultivated gardens or lawns not the property of the owner.


(4) Cruelty To Animals:

A. It shall be unlawful for any person to torture or beat, starve, abuse, misuse, abandon or otherwise ill treat any animal in his/her care or charge, whether belonging to himself/herself or any other person.

B. It is the duty of any animal control officer or peace officer to take possession of any animal for which he has probable cause to believe falls under Idaho Code, title 25, chapter 35, cruelty to animals, and deliver such animal to the county animal shelter or veterinarian at the discretion of the animal control officer.


(5) Attacks And Fights Prohibited:

A. Commanding An Animal To Attack Prohibited: Except where great bodily harm or death is likely to immediately ensue, it is unlawful for any person to command, encourage or aid by word or conduct, any animal to bite, chase, attack or attempt to bite, chase or attack another person or animal.

B. Canine Fights Or Cockfights Prohibited: It shall be unlawful for any person to participate in any canine fight or cockfight within the unincorporated areas of the county or within the limits of participating municipalities.


(6) Public Property: It is unlawful for any person to chain, stake out, graze or herd any animal, including, but not limited to, a dog or cat, on any unenclosed premises so any part of the animal extends onto or over a sidewalk, alley, street, or other public property or beyond the owner's property line or in a commonly held area accessible to the public.


(7) Unlawful Retention Of Stray Animals: If a person does not have the knowledge and consent of the owner of an animal, then that person shall report the possession of the animal to the sheriff no later than twenty four (24) hours after first coming into possession of the animal. The person shall give his name and address, a description of the animal, the circumstances under which he came into possession of the animal and the current location of the animal. He shall immediately surrender the animal to the sheriff upon demand.


(8) Restraint Devices: A rope, chain, electronic containment fence, or other device may be used to restrain an animal, provided the following criteria are met:

A. The device must be affixed to the animal by use of a nonabrasive, comfortable, fitted collar or harness.

B. The device must be at least twelve feet (12') long unless such length would violate subsection (6) of this section, in which case it shall be no less than eight feet (8') long. The device must be fastened so the animal can sit, walk and lie down comfortably, and must be unobstructed by objects that may cause the device or animal to become entangled or strangled. Any chain or tether shall have swivels on both ends. No chain or tether shall weigh more than one-eighth (1/8) of the dog's or puppy's weight.

C. The animal must have easy access to adequate shade, shelter, food and potable water.

D. The area where the animal is confined must be kept free of garbage and other debris that might endanger the animal's health or safety. Feces must be cleaned up regularly, but no less frequently than once a day.

E. The area where the animal is confined must be kept free of insect infestation, such as ant hills, wasps' nests, flea, tick and maggot infestations. (Ord. 11-010, 9-29-2011)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=56948#s769107
03-05-23: VICIOUS ANIMALS:linklink


(1) Determination:

A. Determination Hearing: In the event that the animal control officer or law enforcement officer has probable cause to believe that an animal is vicious, the sheriff or his/her designee shall be empowered to convene a hearing for the purpose of determining whether or not the animal in question should be declared vicious.

B. Investigation; Notice Of Hearing: The sheriff or his/her designee shall conduct or cause to be conducted an investigation and shall notify in writing the owner of the animal that a hearing will be held, and at what time he may have the opportunity to present evidence why the animal should not be declared vicious. The hearing shall be held promptly within no less than five (5) nor more than ten (10) days after service of notice upon the owner of the animal. The hearing shall be informal and shall be open to the public.

C. Notice Of Determination: After the hearing, the owner of the animal shall be notified in writing of the determination. If a determination is made that the animal is vicious, and the owner has not filed a timely appeal pursuant to this section then the animal shall be destroyed. If the owner files a timely appeal, the animal shall be maintained at the county animal shelter pending the result of the appeal.

D. Contest By Owner; Notice: If the owner of the animal contests the determination, he/she may, within five (5) days of such determination, bring a petition in the magistrate court of the third judicial district praying that the court conduct its own hearing on whether or not the animal should be declared vicious. After service of notice upon the sheriff, the court shall conduct a hearing de novo and make its own determination as to viciousness. Upon the sheriff being served notice, the hearing shall be conducted within fourteen (14) days. The issue shall be decided upon a preponderance of the evidence. If the court rules the animal to be vicious and the owner fails to file a timely appeal of the court's decision, then the animal shall be destroyed.

E. Court Decision: The court may decide all issues for or against the owner of the animal regardless of the fact that said owner fails to appear at said hearing.

F. Decision Conclusive; Subsequent Actions: The determination of the court shall be final and conclusive upon all parties. However, the animal control officer or any law enforcement officer shall have the right to declare an animal to be vicious for any subsequent actions of the animal.

G. Seizure, Impoundment; Costs: In the event that the animal control officer or law enforcement officer has probable cause to believe that the animal in question is vicious and may pose a threat of serious harm to human beings or other domestic animals, the animal control officer or law enforcement officer may seize and impound the animal pending the aforesaid hearings. The owner of the animal shall be responsible for the costs and expenses of impoundment of such animal.

H. Appeal From Magistrate Court: The decision of the magistrate court may be appealed to the district court by an aggrieved party within forty two (42) days of the decision. The animal shall remain impounded pending the appeal. If the district court finds, upon review of the record and after hearing the arguments of the parties, that the animal is not vicious, such animal may be released to the custody of the owner upon payment of the expense of keeping such animal. The costs shall be paid in full prior to the release of said animal.


(2) Exemptions: The provisions of this section shall not apply to K-9 or other animals owned by any police department or any law enforcement officer which are used in the performance of law enforcement work. (Ord. 11-010, 9-29-2011)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=56948#s769108
03-05-25: UNIFORM SUMMONS; PROSECUTION; FINE SCHEDULE:linklink


(1) Violations; Citation:

A. Violations: Unless specifically provided otherwise, violations of the provisions of this article shall be a misdemeanor and shall be punished as set forth in Idaho Code 18-113, as amended, or in accordance with any more specific section(s) of this article.

B. Citation: The Idaho uniform citation shall be used by the animal control officer and peace officer in the enforcement of this article.


(2) Fine Schedule: The fine schedule for failure to show proof of a current rabies vaccination shall be forty dollars ($40.00) plus court costs for each offense and may be paid to the court or as provided by rule 14 of the misdemeanor criminal rules. The fine schedule for failure to confine a canine in heat shall be a minimum of fifty dollars ($50.00) plus court costs for a first offense. The fine schedule for a second such offense within five (5) years shall be a minimum of one hundred dollars ($100.00). The fine schedule for a third and any such subsequent offense within five (5) years shall be a minimum of one hundred fifty dollars ($150.00). These fines may also be paid to the court or as provided by rule 14 of the misdemeanor criminal rules. The court may also impose community service, in addition to these above fines. No other penalty shall apply for these offenses. (Ord. 11-010, 9-29-2011)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=56948#s769109


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See chapter 7 of this code.