Canyon County - Dog Bite LawsDog bite injury lawyers of Parke Gordon Law Firm have helped many dog bite victims in Idaho. The dog bite injury laws for Canyon County are as follows. 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=820 ; Chapter 3, Article 5, Animal Control Regulations):

Definitions

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 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:

  • 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.
  • 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:

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

Canines; Collar and Tag

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)

Rabies, Disease and Quarantine

(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)

Running at Large Prohibited

Canines:

  1. 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.
  2. 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.
  3. 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).

Impounding Canines

  1. 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.
  2. 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.
  3. 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.
  4. Diseased Animals; Destruction: Any animal impounded and suffering from serious injury or disease may be euthanized.
  5. 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.
  6. 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.
  7. 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.

Prohibited Acts

(1) Animals In Public Places:

  1. 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.
  2. 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.
  3. 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:

  1. 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.
  2. 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:

  1. 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.
  2. 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:

  1. The device must be affixed to the animal by use of a nonabrasive, comfortable, fitted collar or harness.
  2. 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.
  3. The animal must have easy access to adequate shade, shelter, food and potable water.
  4. 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.
  5. 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)

Vicious Animals

(1) Determination:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.

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)

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