Nampa - Dog Bite LawsThe legal dog bite laws for Nampa, ID is 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=597; Title 6, Chapter 2, Animal Control):

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 CONTRACTOR: The organization contracting with the city to provide animal control enforcement services and/or animal shelter 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.

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

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.

IMPOUNDED: Taken into the custody of an animal shelter.

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

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

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: An animal that satisfies any of the following definitions:

  1. Any animal which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the animal;
  2. Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animal without provocation;
  3. Any animal which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation;
  4. Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting.Notwithstanding this definition, no animal may be declared vicious if an injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a wilful trespass or other tort upon the premises occupied by the owner of the animal, or was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime. No animal may be declared vicious if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault.

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.

Interfering with Animal Control Officer; Unlawful

It is unlawful for any person to hinder, molest or in any way interfere with any animal control officer while the officer is lawfully engaged in the performance of his or her duties.

Registration and Licensing of Vicious Animals

  1. Requirements: Any animal determined a vicious animal that is allowed the option of licensing and registration shall only be licensed and registered as follows:
  2. 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:
  3. 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
  4. 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
  5. The owner shall have and maintain an enclosure for the vicious animal where the vicious animal will be kept or maintained; and
  6. The owner shall display a sign in conformance with section 6-2-1of 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
  7. The owner shall sign a statement attesting that:
  8. 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;
  9. 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;
  10. 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
  11. The owner of the vicious animal will comply with all provisions of this chapter in keeping and maintaining the vicious animal.
  12. Compliance: An animal control officer is empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this chapter, and any such animal control officer is hereby empowered to seize and impound any vicious animal whose owner fails to comply with the provisions hereof.In the event that the owner of the animal refuses to surrender the animal to the animal control officer, the animal control officer may require a police officer to obtain a search warrant and to seize the animal upon execution of the warrant.

Control of Vicious Animals

  1. 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.
  2. 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 6-2-6of 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.

Purpose or Intent; Harboring

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 human beings or domestic animals.

Destruction of Offending Vicious Animals

If any vicious animal, which unprovoked, kills or wounds, or assists in killing or wounding any sheep, lamb, cattle, horse, hog, swine, fowl or other domestic animal belonging to or in possession of any person, or, when unprovoked, 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 a five (5) day waiting period exclusive of Sundays and holidays, 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.

Exemptions

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.

Determination of Vicious 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 or other domestic animals, 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. Further, the chief of police or the director of the animal shelter 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. 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. 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.

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 licensing and registration pursuant to section 6-2-6 of this chapter, or whether the animal shall be destroyed. 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, but in no case more 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 at 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 determination by filing either a written appeal of the determination or written petition not to destroy with the Nampa city council 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, then the animal shall be destroyed. An owner or interested party has the right to file a written appeal of the determination or to file a petition not to destroy with the Nampa city clerk praying 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 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 or must be destroyed. 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, 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.

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.

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.

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.

The victim or their legal guardian may also appeal a decision of “not vicious” to the Nampa city council. The time line for the victim or legal guardian to file an appeal is the same as that of the owner or claimant.

Liability of Parents

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.

Dogs; Special Provisions

  1. 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.
  2. 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 9-5-1of this code shall be subject to the restrictions set forth in section 9-5-9 of this code.
  3. 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).
  4. 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 one year 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.

Animals at Large

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 (such as a code enforcement 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.

Public Buildings and Assistance Dogs

  1. 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.
  2. 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.

Rabies, Diseases and Quarantine

  1. 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.
  2. 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.
  3. Quarantine, Surrendering Of Animal:
    1. It is the duty of every owner of an unvaccinated animal showing symptoms of rabies, or which has bitten any person causing an abrasion of the skin, to surrender the animal for confinement and isolation at the animal shelter or to a licensed veterinarian for a period not to exceed ten (10) days. If such animal is determined free of rabies, it shall be returned to the owner upon payment of the regular fee for keeping such animal impounded. If such fee is not paid the animal shall be subject to disposal as provided in this chapter.
    2. It is the duty of every owner of an animal, which has bitten any person causing an abrasion of the skin, to quarantine the animal at a location that will provide confinement and isolation for a period not to exceed ten (10) days.
  4. 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.

Nuisance

It is unlawful for any owner to fail to exercise proper care and control of his animal to prevent it from becoming a public nuisance.

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

  1. Excessive, continuous or untimely barking, or noise;
  2. Molesting passersby, chasing vehicles;
  3. Attacking other domestic animals;
  4. Trespassing upon public or private property in such a manner as to damage the property.

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