Caldwell - Dog Bite LawsBelow are the Caldwell city dog bite laws that are relevant to the ownership and control of a dog.  Please check the following link to city ordinances for any updates or changes to the laws: (http://www.sterlingcodifiers.com/codebook/index.php?book_id=377; Chapter 8, Chapter 3, Animal Control Regulations):

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

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

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

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

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

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

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

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

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

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

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

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

VICIOUS ANIMAL:

  • Any animal which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks and public grounds or places or private property not owned or possessed by the owner of the animal; or
  • Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings, domestic animals or livestock; or
  • Any animal which bites, inflicts injury, assaults or otherwise attacks a human being, domestic animal or livestock without provocation; or
  • 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 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.

Canine Licensing

  • Canine License Required; Application:
    1. License Required: It shall be unlawful for any person to own, harbor, keep or possess a canine more than six (6) months of age within the city without first procuring a license.
    2. Exception: The provisions of this section shall not apply to any person visiting the city for a period not exceeding thirty (30) days, and owning or possessing a canine, if such canine is currently licensed by another licensing authority or if such person is a permanent resident where no such license is required.
    3. Term Of License: Canine licenses may be purchased for a one year period or a three (3) year period as set forth in the scheduled billing cycle adopted by the animal control director. However, canines under one year of age may only be licensed for a period of one year.
    4. Application; Fee: The owner shall make application to the city clerk, or the clerk’s designated agent, including those local veterinarians authorized by the city clerk to issue licenses, and pay a license fee according to the fee schedule adopted by the city council.
    5. Proof Of Spay/Neuter; Rabies Vaccination Required: No canine will be licensed as spayed or neutered without proof that such surgery was performed.
    6. Receipt; Tags; Replacement And Renewal Licenses: Upon receipt of application for license and payment of fees, the person issuing the license shall issue a receipt with the owner’s name, the number of the license, the sex (or status of spayed or neutered) of the canine and the amount paid together with a metal tag bearing the number corresponding to the number of the receipt. If a license is lost, the city clerk, or the clerk’s designated agent shall, upon application and payment of the appropriate fee, issue a replacement license. Renewal licenses may be purchased within thirty (30) days prior to the designated date of expiration of the current license.
    7. Service Animal; Fees Waived: License fees shall be waived for any service animal that has been properly trained for the purpose of and is used to guide or assist a blind or partially blind person, a person with impaired hearing, or any other disabled person who uses a bona fide service animal.
  • Unsterilized Canines: It shall be unlawful for any person to own, harbor, keep or possess an unsterilized canine more than six (6) months of age within the incorporated areas of the city without obtaining a license as provided by this section.
    1. Exceptions: The provisions of this section shall not apply in the following instances:
      1. The provisions of this subsection regarding licensing of unsterilized canines shall not apply to any person visiting the city for a period not exceeding thirty (30) days, and owning or possessing a canine, if such canine is currently licensed by another licensing authority or if such person is a permanent resident where no such license is required.
      2. If a licensed veterinarian states, in writing, that the canine is unfit to undergo the required surgical procedure because of a health condition. The age of a canine does not automatically constitute a prohibitive health condition for purposes of this subsection. The veterinarian must describe the physical condition or symptoms of the canine making it unfit to undergo the required surgery.
    2. License For Unsterilized Canine: To possess an unsterilized canine, an individual must obtain a license as set forth herein and pay the appropriate fee. The license shall be issued or renewed only if the following conditions have been met:
      1. The canine is examined by a licensed veterinarian; and
      2. The canine has current vaccinations for rabies; and
      3. The individual has not had more than two (2) violations of the canine portions of the animal control ordinance within the past twenty-four (24) months; and
      4. Upon the third impound of the same unsterilized canine, the canine shall be sterilized before it is returned to the owner. The owner shall be responsible for the cost of sterilization and other fees associated with the impoundment of their canine.

Canines; Collar and Tag

  • Collar And Tag Required; Exception: Every canine shall at all times wear a substantial and durable collar to which shall be securely attached the required metal license tag. If a canine cannot safely wear a collar and/or metal license tag it shall be excepted from such requirement upon application and upon proof to the animal control director that it has implanted a current, valid and functioning microchip providing substantially the same information required on a metal license tag.
  • Supply Of Tags And Forms: The canine tags and receipt forms required for compliance with this article shall be provided to participating veterinarians by the animal control director or his/her designated agent.
  • Distribution, Remuneration Of Cost: Procedures for distribution of tags, receipt forms and remuneration of cost shall be established by the animal control director or his/her designated agent.
  • Veterinarian Reports: Each participating veterinarian dispensing canine tags shall submit a report to the animal control director monthly accounting for licenses issued and fees collected.
  • False Or Misleading License Tags: It shall be unlawful for any person to allow any canine owned, kept or harbored by him/her to wear a license tag received in connection with a former application, a license tag originally issued to another canine, or any imitation of a license tag.
  • Failure To Comply With Collar And Tag Requirements: It shall be unlawful for an owner or custodian of any canine to fail to comply with the collar and tag requirements of this section.

Rabies, Disease and Quarantine

  • Afflicted Animals Prohibited: It is unlawful for a person other than a licensed veterinarian or the animal shelter director to own, keep or harbor any animal afflicted with rabies.
  • Animals Suspected Of Rabies: It is the duty of every owner of an animal showing symptoms of rabies (such as changes in behavior, aggression, foaming at the mouth, restlessness, trembling and fever) and for which the owner has no proof of current rabies vaccination or which has bitten any person causing an abrasion of the skin to surrender the animal for confinement and isolation at the animal shelter or with a licensed veterinarian for a period not to exceed fifteen (15) days; provided that for animals with proof of a current rabies vaccination, the veterinarian has the discretion to allow the animal to be isolated and contained in an enclosure on the owner’s property under such terms and conditions the veterinarian shall impose. If such animal shall be determined to be free of rabies by the animal shelter director or licensed veterinarian, it shall be released from isolation and confinement. The owner must make payment of the regular fee for keeping such animal isolated and confined, if applicable. If such fee is not paid, the animal shall be subject to disposal as provided in this article.
  • Contagious Diseased Animals: Any animal which has a contagious disease shall be kept in a secure enclosure and not be shipped or removed from the premises of the owner of such animal except under the supervision of the animal shelter director or a licensed veterinarian.
  • Rabies Inoculation: It is unlawful to keep or harbor any canine over the age of six (6) months in the city unless such canine has been inoculated against rabies by a licensed veterinarian within the preceding three (3) years. No license, except as provided below, shall be issued for any canine over the age of six (6) months unless the applicant for such license presents a certificate signed by a licensed veterinarian establishing that the canine has been vaccinated for rabies for the duration of the license period. A temporary license, valid for only five (5) business days after issuance, may be issued to a canine owner who must within five (5) days of the date of issuance of said license, procure a certificate signed by a licensed veterinarian establishing that the canine has been vaccinated for the duration of the license period. A temporary license will be void after five (5) days if the rabies vaccination has not been completed.
  • Failure To Comply: It shall be unlawful for an owner or custodian of any animal to fail to comply with the requirements of this section.

Running at Large; Animal Confinement

  • Animals At Large: It shall be unlawful for an owner or custodian of any animal, canine or livestock to permit such animals to be at large. This provision applies regardless of whether the animal is licensed or not.
  • 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 the canine in an enclosure preventing nuisance or undesired fertilization by male canines unless restrained by the owner and under the immediate control of the owner.
  • Herding Or Driving Animals: It shall be unlawful for anyone to herd or drive any animal through the city 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. This subsection shall not be construed as prohibiting stockmen from driving herds through the city when necessary to transfer them from one pasture to another or for the purpose of shipping, but such stockmen so driving stock through the city shall be liable to property owners for all damages done to their property by such stock while being driven through the city, whether or not such damage is caused by the negligence of the said stockman or his agents. Such stock shall be driven through the city in as short a time as possible.
  • Fowl Or Poultry: It shall be unlawful for any person to keep fowl, guineas or poultry unless such fowl or poultry are at all times kept upon his own premises, within a shed, pen or other enclosure sufficient to restrain said fowl, or poultry from trespassing upon the property of others.
  • Failure To Comply: It shall be unlawful for an owner or custodian of any animal to fail to comply with the requirements of this section.

Prohibited Acts

  • Animals In Public Buildings Or Transport: It is unlawful for any owner to permit, allow, keep or carry any animal in, upon or within any building used for government business and open to the public or in a public transportation vehicle. Provided that this prohibition shall not apply to any service animal, a canine specially trained in connection with law enforcement activities or when the general public is specifically invited to bring animals. (Ord. 2886, 11-21-2011; Ord. 2950, 11-18-2013)
  • Disturbing The Peace: It is unlawful for any owner of an animal to fail to exercise reasonably necessary control of the animal to prevent it from disturbing the peace and quiet of any neighborhood, family or person, by barking, whining or making loud or unusual noises, or by running on, defecating in, digging in or otherwise damaging cultivated gardens or lawns that are not the property of the owner, or causing unreasonable odor off the property of the owner. (Ord. 3001, 6-15-2015)
  • Animal Fighting: It is unlawful to allow animals to fight and violations shall be a misdemeanor pursuant to Idaho Code sections 25-3506 and 3507, as amended. (Ord. 2886, 11-21-2011)
  • 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.
  • Cruelty To Animals:
    1. It shall be unlawful for any person to inflict cruelty upon any canine, animal or livestock as set forth in the definition of “cruelty”, whether in his/her care or charge, whether belonging to himself/herself or any other person.
    2. It is the duty of any animal control officer or peace officer to take possession of any animal for which probable cause exists to believe a violation of Idaho Code, title 25, chapter 35, “cruelty to animals”, has been committed or “cruelty” as defined in this article, and deliver such animal to the county animal shelter or veterinarian at the discretion of the animal control officer.
  • Abandonment Of Animals:
    1. It shall be unlawful for any person to abandon any canine, animal or livestock as set forth in the definition of “abandon”, whether in his/her care or charge, whether belonging to himself/herself or any other person.
    2. It is the duty of any animal control officer or peace officer to take possession of any animal for which probable cause exists to believe an animal has been “abandon[ed]” as defined in this article, and deliver such animal to the county animal shelter or veterinarian at the discretion of the animal control officer.
  • Abuse Of Animals:
    1. It shall be unlawful for any person to commit abuse upon any canine, animal or livestock as set forth in the definition of “abuse”, whether in his/her care or charge, whether belonging to himself/herself or any other person.
    2. It is the duty of any animal control officer or peace officer to take possession of any animal for which probable cause exists to believe an animal has been subject to “abuse” as defined in this article, and deliver such animal to the county animal shelter or veterinarian at the discretion of the animal control officer.
  • Violation And Penalty For Prohibited Acts: It shall be unlawful for an owner or custodian of any animal to violate any of the prohibitions of this section.

Vicious Animals; Dangerous Animals

  • Vicious Animals Unlawful: It is unlawful to own, possess or have custody of a vicious animal anywhere within the city. Provided that this section shall not apply to animals owned by government law enforcement agencies and trained for use in law enforcement activities.
  • Seizure, Impoundment; Costs: In the event that the animal control officer has probable cause to believe an animal is vicious or dangerous and may pose a threat of serious harm to human beings or other domestic animals, the animal control officer may seize and impound the animal in the animal shelter pending a judicial determination on any charge related to vicious or dangerous animals.
  • Dangerous Animal Adjudication, Fines And Fees: It is unlawful to own, possess or have custody of a dangerous animal anywhere within the city unless such animal is secured at all times within an enclosure on the property of the owner. If the animal is found to be dangerous by a court of competent jurisdiction, the owner shall secure the animal at all times thereafter within an enclosure on the property of the owner or shall remove the animal permanently from the city. The owner shall be liable to the animal shelter for any and all fines and fees chargeable for its services to the animal while impounded. In the event the animal is not dangerous, it shall be returned to the owner who will not be responsible to the animal shelter for impound fees, but may be responsible for any other fines or fees legitimately assessed for sterilization, licenses, rabies inoculation, necessary medical care, etc. An animal control officer may again charge that such animal is dangerous upon subsequent actions of the animal.
  • Vicious Animal Adjudication, Destruction, Removal From City, Fines And Fees: If the animal is found to be vicious by a court of competent jurisdiction, the animal shall be destroyed or permanently removed from the city by the owner. The owner shall be liable to the animal shelter for any and all fines and fees chargeable for its services to the animal while impounded. In the event the animal is not vicious, it shall be returned to the owner who will not be responsible to the animal shelter for impound fees, but may be responsible for any other fines or fees legitimately assessed for sterilization, licenses, rabies inoculation, necessary medical care, etc. An animal control officer may again charge that such animal is vicious upon subsequent actions of the animal.
  • Return Of Vicious Or Dangerous Animal: If an owner elects to permanently remove a vicious or dangerous animal from the city and such animal is again impounded from within the city, it shall be destroyed. If an owner elects to permanently remove a vicious or dangerous animal from the city and such animal is again impounded from within the city, said owner shall be guilty of a misdemeanor and shall be punished as provided in Idaho Code 50-302(1) and 18-113, as amended.
  • Animal Which Bites, Injures Or Attacks: Any owner or custodian of any animal which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation shall be guilty of a misdemeanor and shall be punished as provided in Idaho Code 50-302(1) and 18-113, as amended.
  • Vicious Animal Running At Large: Any owner or custodian of any vicious animal running at large shall be guilty of a misdemeanor and shall be punished as provided in Idaho Code 50-302(1) and 18-113, as amended.

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