5-7-2: DEFINITIONS:
ABANDON:
To leave an animal unattended for more than twenty-four (24) hours without the owner making arrangements for its food, water and shelter, or releasing the animal upon public highways or public or private property. Shall not apply to a person who captures a free roaming At Large domestic cat, transports the cat to a veterinarian for sterilization surgery, and releases the cat in the approximate location in which it was found for the purpose of cat population control. Shall not apply to the Animal Control Agency.
AFFECTED PERSON:
Any person, in particular owners, whose rights to own or possess an animal have been adversely impacted by a specific decision to enforce any provision of this Chapter against that person.
ANIMAL:
Animals shall be classified as follows: Any mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or other member commonly accepted as part of the animal kingdom.
ANIMAL CONTROL AGENCY:
Any organization(s) authorized by the County to enforce the provisions of this Chapter.
ANIMAL CONTROL OFFICER:
Any individual authorized by the County or the Animal Control Agency to enforce the provisions of this Chapter, to include, state or local law enforcement officers whose duties include assignments that involve animal seizure and impoundment.
ANIMAL CONTROL SHELTER:
An animal control facility authorized by the County or the Animal Control Agency as the location for the impounding of animals.
AT LARGE:
Any domesticated animal off or away from the premises of the owner or private land that the owner has permission to be on, and not under the control of such owner or his agent by leash, cord or chain (not to exceed 6 feet), by confinement, within a vehicle, or otherwise restrained and under the immediate physical control of a competent and responsible attendant. Unless, such animal is a Service Animal, assisting its owner or custodian in legal hunting, working, herding, or controlling of livestock in a place that such activity may legally occur.
AT-RISK DOG:
Any dog that:
A.   Without justified provocation bites a person without causing a traumatic injury, as defined in Idaho Code § 18-918(1)(b); or
B.   Without justified provocation and while At Large has killed, inflicted injury, or otherwise caused injury to a domestic animal by attacking a domestic animal not on the real property of the owner of the dog.
C.   Has previously been found to be an at-risk dog pursuant to the Idaho Code or a substantially conforming ordinance or statute from foreign jurisdiction.
ATTACK:
Any aggressive action by an animal that a reasonable person would conclude places any person or domestic animal in reasonable belief of imminent bodily harm.
BARKING:
A vocal sound produced by a dog that annoys or disturbs a reasonable person of normal sensitivities.
BITE OR BITTEN:
When the skin of an individual or other animal has been broken or penetrated by an animal's teeth in an act of aggression, attack or defense.
CAT:
Both the male and female of the Felidae species.
COMMERCIAL KENNEL:
See definition of Kennel, Commercial in Title 8 Ada County Zoning Ordinance. 8-1A-1: Definitions.
COMPANION ANIMAL:
Any animals solely kept as pets including, but not limited to, domestic dogs, domestic cats, rabbits, companion birds, and other animals.
CURRENT RABIES VACCINATION:
An animal that has received a primary rabies vaccine at least thirty (30) days ago, and no more than one (1) year ago or has received a booster vaccine administered according to the manufacturer's written instructions. The rabies vaccine shall be licensed by the United States Department of Agriculture for use in that species (a list of the currently licensed vaccines can be found in the current "Compendium of Animal Rabies Vaccines" prepared and updated annually by the National Association of State Public Health Veterinarians). Rabies vaccination must be performed by or under the direct supervision of a veterinarian who is licensed or legally permitted to practice veterinary medicine.
DANGEROUS DOG:
Any dog that:
A.   Without justified provocation has inflicted serious injury on a person:
B.   Has been previously be found to be at-risk and thereafter bites or physically harms a person without justified provocation;
C.   Has previously been found to be a dangerous dog pursuant to the Idaho Code or a substantially conforming ordinance or statute from foreign jurisdiction; or
D.   Has been previously found to be at-risk and thereafter inflicts injury to a domestic animal not on the real property of the owner of the dog.
DOG:
Both the male and female of the Canine species.
EUTHANASIA:
The procedure in which an animal is humanely killed by a method that is painless to the animal and causing unconsciousness and death. This procedure is to be performed by a certified euthanasia technician or licensed veterinarian in accordance with Idaho Code, Title 54, Chapter 21.
HARBORING:
Allowing an animal to remain, or to be lodged, fed or sheltered on real property the owner occupies or controls for twenty-four (24) consecutive hours, or for one (1) or more hours per day for three (3) consecutive days.
IMPOUND:
To receive into the custody of the Animal Control Shelter or an Animal Control Officer.
JUSTIFIED PROVOCATION:
To perform any act or omission that a reasonable person with common knowledge of dog or cat behavior would conclude is likely to precipitate a bite or attack by an ordinary dog or cat. Justified provocation includes, but is not limited to, the following:
A.   The dog was protecting or defending a person within the immediate vicinity of the dog or cat from an attack or assault;
B.   The person was committing a crime or offense upon the property of the owner or custodian of the dog or cat;
C.   The person was at the time, or had in the past, willfully tormented, abused or assaulted the dog or cat;
D.   The dog or cat was responding to immediate pain or injury or protecting its offspring;
E.   The dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury sustained was to a person who was interfering with the dog while the dog was working in a place where it was lawfully engaged in such activity, including public lands; or
F.   The person was intervening between two (2) or more animals engaged in aggressive behavior or fighting, unless one or both of the animals is At Large.
LEASH:
Any rope, leather strap, chain or other material six (6) feet or less in length, intended to be held in the hand of a person for the purpose of controlling an animal to which it is attached.
NONBITE EXPOSURE:
Saliva from an animal who has come in contact with a person's open wound or mucus membrane that may pose health concerns.
NONCOMMERCIAL KENNEL:
See definition of Kennel, Hobby in Title 8 Ada County Zoning Ordinance. 8-1A-1: Definitions.
OTHER SUPPORT OR THERAPY ANIMALS:
Any animal defined as a "service dog" by Department of Justice Regulations at 28 C.F.R. § 35.104 or any successor or amended regulation.
OWN:
To keep, harbor, or have control, charge or custody of an animal. Animals kept in the custody of a minor or incapacitated person shall be deemed to be owned by the minor's parent(s), guardian or other designated responsible person where the minor or incapacitated person resides.
OWNER:
Any person who keeps, harbors, or has control, charge or custody of, or permits any animal to remain on their property. In the event that a minor falls under the definition of "Owner," the parent or guardian shall be liable for all injuries, property damage, fines and impoundment fees caused or incurred by the animal.
PERSON:
Any individual, corporation, non-profit, society, co-partnership, limited partnership, limited liability company, association, or any other legal or business entity.
PROVOKE:
A person performing an act or omission that an ordinary and reasonable person would conclude is likely to precipitate dog aggression in the form of a bite or attack.
PUBLICLY OWNED PROPERTY:
Property owned, leased or otherwise used by tax supported agencies. (Example: County parks, schools, post office.)
QUARANTINE:
The strict confinement of an animal in a manner which limits direct contact with other animals not in quarantine or persons other than the owner or caretaker. The quarantine shall be conducted by way of an order issued by the Animal Control Agency designating the specific place, manner and provisions of the quarantine.
RABIES SUSPECT ANIMAL:
Any animal which has bitten, scratched, or broken the skin of an individual or has been bitten, scratched or otherwise wounded or had contact with a rabid animal; or any animal showing symptoms suggestive of rabies or any animal that is suspected of having rabies in any way.
RESIDENCE:
Refers to the place of abode for a person or family that is more than merely temporary shelter.
SANITIZE:
To make physically clean to the maximum degree that is practical.
SECURE ENCLOSURE:
An enclosure that securely holds an animal.
SERIOUS INJURY:
Means an injury to a person characterized by bruising, laceration, or other injury that would cause a reasonably prudent person to seek treatment from a medical professional without regard to whether the person actually sought medical treatment.
SERVICE ANIMAL:
Any animal defined as a "service dog" by Department of Justice Regulations at 28 C.F.R. § 35.104 or any successor or amended regulation.
SERVICE DOG:
A dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service dogs for purposes of this Chapter. The work or tasks performed by the service dog must be directly related to the individual's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this Chapter. Nothing in this ordinance shall conflict with the provisions of the Federal Americans with Disabilities Act.
WAIVER:
A statement signed by a licensed veterinarian qualifying the medical reason that an animal should not be vaccinated for rabies. (Ord. 122, 12-23-1981; amd. Ord. 160, 12-10-1986; amd. Ord. 266, 9-23-1993; amd. Ord. 275, 4-7-1994; amd. Ord. 734, 1-13-2010; amd. Ord. 801, 9-12-2012; amd. Ord. 896, 5-21-2019; amd. Ord. 945, 1-24-2023)