Chapter 2
ANIMAL CONTROLlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101
6-2-1: DEFINITIONS:
6-2-2: CRUELTY TO ANIMALS:
6-2-3: COMMANDING AN ANIMAL TO ATTACK; PROHIBITED:
6-2-4: INTERFERING WITH ANIMAL CONTROL OFFICER; UNLAWFUL:
6-2-5: PENALTIES FOR VIOLATION OF SECTIONS 6-2-3 AND 6-2-4:
6-2-6: VICIOUS ANIMALS:
6-2-7: DETERMINATION OF VICIOUS ANIMAL:
6-2-8: REGISTRATION AND LICENSING OF VICIOUS ANIMALS:
6-2-9: CONTROL OF VICIOUS ANIMALS:
6-2-10: PENALTIES FOR VIOLATION:
6-2-11: PURPOSE OR INTENT; HARBORING:
6-2-12: DESTRUCTION OF OFFENDING VICIOUS ANIMALS:
6-2-13: EXEMPTIONS:
6-2-14: UNIFORM SUMMONS; PROSECUTION; FINE SCHEDULE:
6-2-15: LIABILITY OF PARENTS:
6-2-16: DOGS; SPECIAL PROVISIONS:
6-2-17: ANIMALS AT LARGE:
6-2-18: PUBLIC BUILDINGS AND ASSISTANCE DOGS:
6-2-19: DRIVING OR RIDING ANIMALS:
6-2-20: LICENSING:
6-2-21: RABIES, DISEASES AND QUARANTINE:
6-2-22: RABIES INOCULATION:
6-2-23: NUISANCE ANIMAL:
6-2-24: NUISANCE NOISE:
6-2-25: REDEMPTION; IMPOUNDED ANIMAL:
6-2-26: FEES; IMPOUNDING:
6-2-27: SALE; NOTICE:
6-2-28: IMPOUNDMENT:
6-2-29: DISEASED ANIMALS; DESTRUCTION:
6-2-30: TRAPS:
6-2-31: VIOLATIONS; PENALTY:

6-2-1: DEFINITIONS:linklink


As used in this chapter, each of the terms defined has the meaning given in this section unless a different meaning is clearly required by the context. The word "shall" is mandatory, not directory.

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

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

ANIMAL CONTROL: The personnel within the City authorized to provide animal control enforcement services.

AT LARGE: Off the premises of the owner, and not under the immediate control of the owner, a member of his immediate family, or other responsible person, either by leash, cord or chain.

CRUELTY: "Cruel" or "cruelty" shall mean any or all of the following:

A. The intentional and malicious infliction of pain, physical suffering, injury or death upon an animal;

B. To maliciously kill, maim, wound, torment, deprive of necessary sustenance, drink or shelter, cruelly beat, mutilate or cruelly kill an animal;

C. To subject an animal to needless suffering or inflict unnecessary cruelty;

D. To knowingly abandon an animal;

E. To negligently confine an animal in unsanitary conditions or to negligently house an animal in inadequate facilities; to negligently fail to provide sustenance, water or shelter to an animal.

DOG: Shall include both male and female domestic canines, whether neutered or spayed.

DOMESTICATED ANIMAL: An animal of a species of vertebrates that has been domesticated by humans so as to live and breed in a tame condition and depend on humankind for survival.

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 non-owner adults, 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.

IMPOUNDED: Taken into the custody of law enforcement or animal control personnel.

LICENSING AUTHORITY: The City of Nampa and its designated agents, including those entities and veterinarians authorized to issue licenses.

LIVESTOCK: Domesticated animals raised in an agricultural setting to produce commodities such as food, fiber, and labor.

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

NUISANCE: Any animal which molests passerby, or chases vehicles, or attacks other domestic animal(s), or trespasses upon public or private property in such a manner as to damage the property.

NUISANCE NOISE: Any animal which commits excessive, continuous, or untimely barking or noise.

OWNER: Any person keeping, harboring, possessing, providing care for or having any custodial duties over any animal.

SERVICE ANIMAL: Dog(s) that are individually trained to do work or perform tasks for people with disabilities. The tasks performed by the dog must be directly related to the person's disability, per the Americans With Disabilities Act (ADA) requirements.

SIGN: Any structure used to attract attention to any object, place, activity, person, animal, business which shall display or include any letter, word, insignia, device or representation used as, or which is in the nature of an announcement, direction or advertisement. For the purposes of this chapter the sign shall be constructed of wood, metal or other similar weatherproof material, at least twenty four inches by twenty four inches (24" x 24") in size, with letters in indelible or fluorescent ink with the words in clear, capital letters as follows: "VICIOUS ANIMAL ON PREMISES", "VICIOUS DOG ON PROPERTY", or words of similar meaning; and shall be posted at all visible entryways onto the owner's property, or where dog is lodged.

VICIOUS ANIMAL: Any dog which, when not provoked, physically attacks, wounds, bites or otherwise injures any person who is not trespassing.

WILD ANIMAL: An animal living in a state of nature; not tamed or domesticated. (Ord. 4359, 2-5-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250551
6-2-2: CRUELTY TO ANIMALS:linklink

Any person who commits cruelty to an animal as defined in section 6-2-1 of this chapter is guilty of a misdemeanor. It is the duty of any police officer, animal control officer, or other designated City employee to take possession of any animal for which he has probable cause to believe has been cruelly treated under the terms of this chapter, and deliver such animal to an animal shelter or a veterinarian. All costs incurred for the maintenance of such animal will be paid by the person charged with the offense. (Ord. 4359, 2-5-2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250552
6-2-3: COMMANDING AN ANIMAL TO ATTACK; PROHIBITED:linklink

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. (Ord. 2110)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250553
6-2-4: INTERFERING WITH ANIMAL CONTROL OFFICER; UNLAWFUL:linklink

Every person who willfully resists, delays or obstructs any animal control officer in the discharge or attempt to discharge, of any duty of his office or knowingly gives a false report to any animal control officer is punishable according to section 6-2-5 of this chapter. (Ord. 4359, 2-5-2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250554
6-2-5: PENALTIES FOR VIOLATION OF SECTIONS 6-2-3 AND 6-2-4:linklink

A violation of section 6-2-3 or 6-2-4 of this chapter shall be a misdemeanor. Regardless of the form of judgment, the court shall impose not less than a ten (10) day jail sentence. (Ord. 4035, 9-4-2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250555
6-2-6: VICIOUS ANIMALS:linklink


A. Definition: Any dog which, when not provoked, physically attacks, wounds, bites or otherwise injures any person who is not trespassing. It shall be unlawful for the owner of any dog which has been declared vicious, or for the owner of any premises on which the dog that has been declared vicious is present, to harbor a vicious dog outside of a secure enclosure. Persons guilty of a violation of this section shall be guilty of a misdemeanor.


B. Exceptions:

1. 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 willful 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.

2. Working dogs including, but not limited to, guard dogs, police dogs and stock dogs, are exempt from this classification while performing their specified duties. (Ord. 4359, 2-5-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250556
6-2-7: DETERMINATION OF VICIOUS ANIMAL:linklink


A. Power To Seize And Impound Animal: In the event that an animal control officer or law enforcement officer has probable cause to believe that any animal is a threat or may pose a threat of serious harm to human beings, the animal control officer or law enforcement officer may seize and impound the animal pending a determination hearing to determine if the animal should be declared a vicious animal. The owner of the animal shall be liable to the animal shelter for the costs and expenses of impoundment of such animal.


B. Initial Hearing: The Chief of Police or his designee shall be empowered to convene a hearing for the purpose of determining whether or not the animal in question should be declared vicious. The animal control officer or Chief of Police shall conduct or cause to be conducted an investigation and notify the owner of the animal that a hearing will be held, at which time he may have the opportunity to present evidence why the animal should not be declared vicious.

1. Hearing: 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 open to the public.

2. 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, the hearing panel shall determine whether the animal is capable of meeting the requirements in section 6-2-8 of this chapter, or whether it shall be destroyed.

3. Compliance With Decision: The owner shall comply with the decision of the hearing panel and provisions of this chapter in accordance with a time schedule established by the Chief of Police or his designee. In any case, compliance must be achieved in less than fifteen (15) days subsequent to the date of the postmark on the written notification of determination if the same is mailed to the owner, or the date of the determination if the owner is present at the hearing and provided with the written notification of determination on the day of the hearing. If an owner fails to comply with the decision of the hearing panel within the fifteen (15) days, or fails to appeal the decision within five (5) days, then the animal shall be destroyed.

4. Appeal: The owner may appeal the hearing panel's determination by filing with the Nampa City Clerk either a written appeal of the determination or a written petition not to destroy within five (5) days subsequent to the date of the postmark of the written notification of determination if the same is mailed to the owner, or the date of the determination if the owner is present at the hearing and provided with the written notification of determination at the hearing. The appeal may request that the Nampa City Council conduct its own hearing on whether or not the animal should be declared vicious, and the conditions to be imposed. At the time of the filing of the appeal or petition, the Nampa City Clerk shall notify the animal control officer for the City of Nampa, and further proceedings shall be stayed pending the hearing by the Nampa City Council. The victim or their legal guardian may also appeal a decision of "not vicious" to the Nampa City Council. The timeline for the victim or legal guardian to file an appeal is the same as that of the owner or claimant.


C. City Council Appeal Hearing: The Nampa City Council shall conduct a hearing and make its own determination as to whether the animal should be determined vicious and whether the animal is capable of licensing and registration in accordance with section 6-2-8 of this chapter. The hearing shall be conducted within thirty (30) days of the filing of the appeal or petition with the Nampa City Clerk. If the Nampa City Council determines the animal to be vicious according to the definitions and provisions within this chapter and the facts presented, the Nampa City Council may establish a time schedule to ensure compliance with this chapter, but in no case shall remedial action occur more than thirty (30) days subsequent to the date of the Nampa City Council's determination.

1. The Nampa City Council 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.

2. The determination of the Nampa City Council 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.

3. The animal shall remain impounded pending the appeal in an animal shelter at the owner's expense. During the appeal process and not when contrary to public safety, the Chief of Police or his designees shall permit the animal to be confined at the owner's expense in a department approved commercial kennel or veterinary facility.


D. Final Disposition: If the final disposition of the animal is for it to be released to the owner, written notice of the release will be delivered to the impounding facility and the owner will be notified that the animal can now be retrieved from the impounding facility. The owner will have five (5) days from the time of the notification of release to pay all the costs and fees associated with the animal's stay at the impounding facility and remove the animal from the facility. If the owner fails to pay the costs and fees and remove their animal from the impounding facility before the expiration of the five-day period, the owner will lose all rights and responsibilities to the animal and the final disposition of the animal will be decided by the impounding authority. In addition, the owner or agent of the owner will not be granted adoption opportunities after final disposition. (Ord. 4359, 2-5-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250557
6-2-8: REGISTRATION AND LICENSING OF VICIOUS ANIMALS:linklink


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 in conformance with section 6-2-1 of this chapter, 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 obtain a search warrant and seize the animal upon execution of the warrant. (Ord. 4359, 2-5-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250558
6-2-9: CONTROL OF VICIOUS ANIMALS:linklink


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 6-2-8 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; amd. Ord. 4359, 2-5-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250559
6-2-10: PENALTIES FOR VIOLATION:linklink


A. Any animal determined to be a vicious animal, whose owner fails to comply with the provisions contained in sections 6-2-8 and 6-2-9 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. In addition, the owner shall be guilty of a misdemeanor.


B. No fine and/or microchip requirement shall be suspended by any court of competent jurisdiction. (Ord. 4359, 2-5-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250560
6-2-11: PURPOSE OR INTENT; HARBORING:linklink

No person shall own or harbor any animal for the purpose of animal fighting, or train, torment, badger, bait or use any animal for the purpose or causing or encouraging said animal to unprovoked attacks upon a human being or a domestic animal. (Ord. 4359, 2-5-2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250561
6-2-12: DESTRUCTION OF OFFENDING VICIOUS ANIMALS:linklink

If any vicious animal, which unprovoked, kills or wounds, attacks, assaults, bites or otherwise injures any human being or assists in attacking, assaulting, biting or otherwise injuring any human being while out of or within the enclosure of the owner or keeper of such vicious animal, or while otherwise, on or off the property of the owner whether or not such vicious animal was on a leash and securely muzzled or whether the vicious animal escaped without fault of the owner or keeper, the owner or keeper of such animal shall be liable to the person aggrieved as aforesaid, for all damages sustained, to be recovered in a civil action, with cost of suit. It is reputably presumed as a matter of law that the owning, keeping or harboring of a vicious animal in violation of this chapter is a nuisance. It shall not be necessary, in order to sustain any such action, to prove that the owner of such vicious animal knew that such vicious animal possessed the propensity to cause such damage or that the vicious animal had a vicious nature. Upon such attack or assault, the animal control officer is empowered to confiscate and destroy such vicious animal, after review and permission is given by an administrative supervisor of animal control immediately upon impounding the vicious animal, if the conduct of such vicious animal or its owner constituted a violation of the provisions of this chapter, punishable by the confiscation and destruction of the animal. (Ord. 4359, 2-5-2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250562
6-2-13: EXEMPTIONS:linklink

The provisions of this chapter 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. 4359, 2-5-2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250563
6-2-14: UNIFORM SUMMONS; PROSECUTION; FINE SCHEDULE:linklink


A. Citation:

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, 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. (Ord. 4359, 2-5-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250564
6-2-15: LIABILITY OF PARENTS:linklink

In the event that the owner of any animal is a minor, the parent or guardian of such minor is liable for all injuries, property damage, fines and impoundment fees caused or incurred by said animal. (Ord. 2110; amd. Ord. 4359, 2-5-2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250565
6-2-16: DOGS; SPECIAL PROVISIONS:linklink


A. 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.


B. 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 A 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

6. Animals within a "park" as defined in section 9-5-1 of this Code shall be subject to the restrictions set forth in section 9-5-9 of this Code.


C. 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). (Ord. 4075, 11-4-2013; amd. Ord. 4359, 2-5-2018)


D. Penalties: Any person who pleads guilty to, or is found guilty of, a violation of the provisions of subsection B, "Running At Large Prohibited", 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 subsection B, "Running At Large Prohibited", of this section, within a period of three (3) years of the first conviction, shall be guilty of a misdemeanor for each offense.

Any person who pleads guilty to, or is found guilty of, a violation of the provisions of any other provision of this section shall be guilty of a misdemeanor for each offense. (Ord. 4359, 2-5-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250566
6-2-17: ANIMALS AT LARGE:linklink

It is unlawful for any animal(s), owned, kept, or possessed by an individual, to be at large upon the streets, alleys or other public places of the City, or upon the property of any person without the consent of the owner. Waterfowl in City parks are exempt from this section. Apprehension of animals including domestic pets (except cats), agricultural animals as pets, agricultural animals, or exotic animals as defined in section 10-1-2, "Definitions", of this Code, running at large shall be made the duty of the animal control officer or any other game or peace officer of the City or participating municipalities to take up and confine the same in an animal shelter or livestock yard.

An animal shall not be considered at large if it is on public property, property of its owner, keeper, or harborer, so long as such animal is confined to a chain, leash, or other lead which is of sufficient strength to hold the animal, secured within a fence, or under the control of a responsible person and obedient to that person's command. Animals in "parks" as defined in section 9-5-1 of this Code shall be subject to the restrictions set forth in section 9-5-9 of this Code. (Ord. 4359, 2-5-2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250567
6-2-18: PUBLIC BUILDINGS AND ASSISTANCE DOGS:linklink


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; amd. Ord. 4359, 2-5-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250568
6-2-19: DRIVING OR RIDING ANIMALS:linklink

No person shall lead, drive or ride any horse, pig, sheep, goat, mule, cattle or other animal over, across or upon any street, alley or public ground within the City limits except upon roadways, trails, or areas designated for such use. (Ord. 2110; amd. Ord. 4359, 2-5-2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250569
6-2-20: LICENSING:linklink


A. Canine License Required; Application:

1. Licenses:

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. (Ord. 4076, 11-4-2013; amd. Ord. 4359, 2-5-2018)

d. License; Application; Fees: All dogs shall be licensed as set forth in this section. 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. 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 canine within the City shall make application for such license and pay a license fee according to the schedule adopted by the City. (Ord. 4359, 2-5-2018)

(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 is currently vaccinated for rabies. (Ord. 4076, 11-4-2013; amd. Ord. 4359, 2-5-2018)

(2) License fees shall be waived for any trained service or 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 trained service or guide dog.

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 designated agent, through the City of Nampa, shall issue a duplicate license. Licenses for the following year may be purchased within ninety (90) days prior to the expiration date.

g. Trained Service Or Guide Canine Fees Waived: License fees shall be waived for any trained service or guide canine that has been properly trained for the purpose of and is used by a disabled person who requires a service dog to provide specific tasks related to the person's disability. (Ord. 4359, 2-5-2018)

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 or two (2) potbellied pigs as described in section 10-21-3 of this Code, 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: (Ord. 4428, 4-15-2019)

(1) Conditions: The permit shall be issued or renewed only if the department determines that the following conditions have been met:

(A) Rabies Vaccination: The animals are vaccinated for rabies and other common diseases;

(B) Safe Habitation: 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) Running At Large: 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:

(D) Duration Of Permit: The duration of the conditional use permit may be affixed to the ownership or possession of the animals by the applicant such that the conditional use expires if the property where the animals are kept changes by way of ownership, rent or lease.

(E) 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. (Ord. 4359, 2-5-2018)

i. 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.

j. Collar; Tag: Every dog shall at all times wear a substantial, durable collar, to which is securely attached the required license tag.


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. 4076, 11-4-2013; amd. Ord. 4359, 2-5-2018)


C. Penalty: Any violation of this provision shall be an infraction. Any person who pleads guilty to, or is found guilty of, a third or subsequent violation of this provision within a period of one year of the first conviction, shall be guilty of a misdemeanor for each offense. (Ord. 4165, 3-2-2015; amd. Ord. 4359, 2-5-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250570
6-2-21: RABIES, DISEASES AND QUARANTINE:linklink


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. (Ord. 2110; amd. Ord. 2334; Ord. 4359, 2-5-2018)


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 or a home quarantine at the discretion of animal control or its designee for a period not less than 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 less than 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. 4359, 2-5-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250571
6-2-22: RABIES INOCULATION:linklink

It is unlawful to keep or harbor any dog over the age of six (6) months in the City unless such dog has been inoculated against rabies by a licensed veterinarian within the preceding three (3) years. No license shall be issued for any dog 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 will be immune from rabies for the license period. (Ord. 4359, 2-5-2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250572
6-2-23: NUISANCE ANIMAL:linklink


A. First Violation: It is unlawful for any owner to fail to exercise proper care and control of his animal to prevent it from becoming a nuisance. An owner of or person responsible for a nuisance animal will be guilty of a misdemeanor for a first violation of this section.

Every person shall be guilty of allowing an animal to become a nuisance when the following is allowed:

1. Molesting passersby, chasing vehicles;

2. Attacking another domestic animal; or

3. Trespassing upon public or private property in such a manner as to damage the property.


B. Second Violation: Any owner, or persons responsible, who plead guilty to or is found guilty of a second violation of nuisance, must meet the following requirements:

1. 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 one hundred thousand dollars ($100,000.00) covering any damage or injury which may be caused by such nuisance 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

2. The owner shall, at his own expense, have the licensing number assigned to such nuisance 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 nuisance animal by a licensed veterinarian, or someone trained and licensed for the implantation of electronic microchips. The electronic microchip shall be implanted within the nuisance 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 nuisance animal, if that number cannot be utilized, the number contained on the microchip shall be noted in the file of the nuisance animal.


C. Third Violation: Any owner, or persons responsible, who plead guilty to or is found guilty of a third or subsequent violation of this provision must meet the previous requirements in addition to the following requirements:

1. The owner shall have and maintain an enclosure (in conformance with section 6-2-1 of this chapter) for the nuisance animal where the nuisance animal will be kept or maintained; and

2. The owner shall display a sign in conformance with section 6-2-1 of this chapter on his premises warning there is a nuisance animal on the premises. Said sign shall be visible and capable of being read from the public highway; and

3. The owner shall sign a statement attesting that:

a. 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 nuisance animal prior to expiration of such license;

b. The owner shall, on or prior to the effective date of such license for which application is being made, have an enclosure for the nuisance animal on the property where the nuisance animal will be kept or maintained;

c. The owner shall notify the licensing authority and the animal control officer within twenty four (24) hours if a nuisance 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 nuisance 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 nuisance animal; and

d. It is unlawful for any owner to allow any nuisance animal to be outside of the dwelling of the owner or outside of the enclosure unless the nuisance animal is under the direct control and supervision of the owner of the nuisance animal or to sell or give away the nuisance animal or to comply with commands or directions of the animal control officer with respect to the nuisance animal, or to comply with the provisions of section 6-2-8 of this chapter. In such event, the nuisance 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.


D. Owner Compliance: The owner of the nuisance animal will comply with all provisions of this chapter in keeping and maintaining the nuisance animal.


E. 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 nuisance 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 obtain a search warrant and seize the animal upon execution of the warrant. (Ord. 4359, 2-5-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250573
6-2-24: NUISANCE NOISE:linklink

A person shall be guilty of allowing an animal to be a noise nuisance if the animal commits excessive, continuous, or untimely barking or noise. A violation of this section shall be a misdemeanor. (Ord. 4359, 2-5-2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250574
6-2-25: REDEMPTION; IMPOUNDED ANIMAL:linklink

Any animal, which is not a vicious animal, impounded because it was found running at large, or without a license, may be redeemed by the owner or claimant prior to the sale or destruction of such animal, by paying all charges against the same (as noted in section 6-2-28 of this chapter). Additionally, if a canine over six (6) months of age is impounded and has not been sterilized, the owner or claimant must pay additional fees at the animal shelter to claim it as an unsterilized animal. If the owner or claimant requests the canine be transported to a veterinarian to be sterilized, then the claimant becomes responsible for payment of sterilization costs incurred at that veterinarian facility. (Ord. 4359, 2-5-2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250575
6-2-26: FEES; IMPOUNDING:linklink

The animal shelter is entitled to charge a fee for the keeping and selling of any animal, which fees shall be retained by the animal shelter as payment toward the costs and expenses incurred in the keeping and selling of such animal. The fees which may be charged by the animal shelter for impounding, sterilization, keeping and selling any animal, to be paid upon redemption or sale of such animal, shall be established by the animal shelter. (Ord. 4359, 2-5-2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250576
6-2-27: SALE; NOTICE:linklink

At any time after any horse, mule, any kind of cattle, hog, or any stock animal has been impounded, the animal shelter shall give notice of sale by posting a notice at the shelter, describing the animal impounded and notifying the owner to pay the charges thereon and remove same prior to the time fixed for the sale thereof; and that, otherwise, the animal will be sold at a public sale at a time and place named in said notice, which time shall be not less than five (5) days from the date of the posting of such notices. If no owner is known, the shelter must hold the animal for fifteen (15) days prior to selling it. (Ord. 4359, 2-5-2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250577
6-2-28: IMPOUNDMENT:linklink


A. A police officer, animal control officer, or any other person may seize and impound all dogs at large. All animals seized that are not returned to their registered owner(s) 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, sending to another animal shelter or rescue, or through euthanasia. (Ord. 4359, 2-5-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250578
6-2-29: DISEASED ANIMALS; DESTRUCTION:linklink

Any animal impounded and suffering from serious injury or disease, may be euthanized at the discretion of animal control, the animal shelter, or a licensed veterinarian. (Ord. 4359, 2-5-2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250579
6-2-30: TRAPS:linklink

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 or their designees. No person shall disturb or injure such trap or animal confined therein. (Ord. 4359, 2-5-2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250580
6-2-31: VIOLATIONS; PENALTY:linklink

Any person violating any of the provisions of this chapter for which a fixed penalty has not been designated is guilty of a misdemeanor which is punishable as prescribed in title 1, chapter 1 of this Code. (Ord. 4359, 2-5-2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=39101#s1250581