PENDNG ORDINANCES
BINGHAM COUNTY ORDINANCE NO. 2020-3
CONTROL, LICENSING AND IMPOUNDING OF DOGS ORDINANCE
AN ORDINANCE, AMENDING TITLE 5, CHAPTER 5, ARTICLE A OF BINGHAM COUNTY ORDINANCE,  REGARDING THE CONTROL, LICENSING, IMPOUNDING, AND DESTROYING OF DOGS WITHIN THE COUNTY OF BINGHAM; PROVIDING FOR LICENSURE FEES; PROVIDING PENALTIES AND REMEDIES FOR VIOLATIONS; REPEALING CONFLICTING ORDINANCES AND PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BINGHAM COUNTY, IDAHO:
DECLARATION OF PURPOSE
The Bingham County Board of County Commissioners, located in Bingham County, Idaho, hereby find and declare that dogs running at large and dogs creating nuisances within the County constitute an immediate danger to the health, safety, and welfare of the inhabitants of the county.  We further declare that non-sterilized dogs contribute more severely to the problem of dogs running at large and result in increased problems regarding impoundment and disposal than do sterilized dogs, thereby justifying different treatment, impoundment procedures, and fees.  We further declare that keeping four or more dogs at a single premise contributes to the problems of dogs running at large and of nuisances caused by dogs thereby justifying different treatment of owners of four or more dogs at a single premise. We declare that an increased penalty is needed for repeat offenders of certain dog related offenses. Additionally, we declare that it is within the policy power of the County, granted by Article XII, Section 2 of the Idaho State Constitution, to legislate the control, licensing, kenneling, and impoundment of dogs in order to preserve the public’s health, safety, and welfare.
SUPERSEDES
It is the intent that this current Ordinance repeal all previous Bingham County Dog Ordinances, specifically, AMENDING TITLE 5, CHAPTER 5, ARTICLE A OF BINGHAM COUNTY ORDINANCE.
DEFINITIONS
For the purpose of this Ordinance, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:
Abandonment shall mean any dog within the county, the ownership of which cannot be ascertained, and which has remained unclaimed for at least five (5) calendar days.
At Large shall mean any dog off or away from the premises of the owner, possessor, or keeper thereof, and not under the immediate care and control of its owner, possessor or keeper or the owner’s agent, servant, or member of his family. 
Dog Kennel shall be defined as any lot, premises, or portion thereof on which four (4) or more dogs, which are six (6) or more months of age, are maintained, possessed, boarded or bred, unless such dogs are used for livestock or hunting purposes.
Commercial Kennel shall mean a kennel whereby the owner shall derive moneys from the boarding, breeding, training, grooming, or handling of dogs. 
Non-Commercial Kennel or Private Kennel shall mean any kennel which is not a commercial kennel as defined above.
            3.4      Dog of Licensing Age shall mean any dog that has attained the age of six (6) months.
Enclosure shall mean a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper of the dog.  The enclosure shall be designed in order to prevent the animal from escaping.
Fine  All fine amounts referenced herein are considered to be fine amounts only and shall be exclusive of any additional court costs, administrative surcharges, or other fees imposed by the court.
Identified Dog shall mean a dog wearing a physical identification tag on its collar that provides the owner’s current contact information
Impoundor Impoundment shall refer to the receipt of a dog into the custody of the Bingham County Sheriff’s Department, the Animal Control Officer, the Poundmaster, the City Policy Department, or any authorized agent or representative thereof.
Owner, when applied to the proprietorship of a dog, shall mean any person owning, keeping, or harboring one or more dogs.
Pound shall mean an animal shelter, lot, premises or building maintained by Bingham County, or by Bingham County jointly with any City within Bingham County, for the confinement and care of dogs seized either under the provisions of this oOrdinance or otherwise.
Severe Injury shall mean any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.
Unlicensed Dog shall mean a dog for which a license has not been issued, or if a license has been issued is not current, or to which the tag provided for in this ordinance is not attached.
Vicious Dog shall mean any dog which, when unprovoked, aggressively inflicts severe injury on or kills a human being.
LICENSE REQUIRED
It shall be unlawful for an owner to keep or harbor any dog six (6) months of age or more within Bingham County limits without paying a license fee as herein provided.  For purposes of this ordinance, a valid dog license issued by a city within the limits of Bingham County shall constitute compliance with this section.
Dogs used as guides for blind persons and commonly known as “seeing eye” dogs shall be licensed and registered as other dogs herein provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefore.
License Fee
The owner keeping, harboring or having charge of any dog of licensing age within the County shall, by June 30 th of each year, pay to the County Sheriff the sum of ten dollars ($10.00) for each non-sterilized dog or five dollars ($5.00) for each sterilized dog.  Upon payment of said fee, it shall be the duty of the Sheriff to issue a license to said person bearing the same number as the number to be worn on the collar of the dog for the current year.  The license shall give the date of issuance, the date of expiration, the amount paid, the name and address of the person to whom the license is being issued, and the breed, name, and sex of the dog.  The Sheriff shall furnish with each license a metal tag that shall be stamped with the number to correspond with the number of the license and the year for which it is issued.
Certificate of Sterilization
A certificate of spay or neuter issued by a veterinarian or any humane society shall be presented at the time of license application to secure the reduced license rate.
Dogs Brought Into County
In case a dog is brought within the County limits after June 1 of that year the owner shall have thirty (30) days to apply for and receive a license as herein required; otherwise said license is required by June 30 th of that year.  Provided, however, that the provisions of this Section shall not apply to any owner visiting in the County for a period not exceeding thirty (30) days, or to the owner possessing a dog currently licensed and bearing the license issued by another licensing authority.
Tags To Be Placed On Collar
The metal tags as described in Section 4.1 of this Ordinance shall be attached to the collar of the dog, which the owner shall provide and which shall be placed and kept at all times upon the  neck of the dog so licensed.  If the metal tag is lost, a duplicate tag shall be obtained by making application to the Sheriff, who shall issue such duplicate tag upon payment by the applicant of a one dollar ($1.00) fee.  All metal tags shall be nontransferable.  While confined within a kennel and while participating in authorized dog shows and exhibitions, the collar with metal license attached need not be placed upon the neck of the dog.
Record of License
The Sheriff shall keep a suitable record of the license issued under the provisions of this Ordinance and shall record all of the facts required to be stated in the license.
5.0   IMPOUNDMENT OF DOGS; FEES
All dogs found running at large in Bingham County are declared to be a public nuisance and it shall be the duty of the County Sheriff or the Animal Control Officer to take possession of and impound dogs running at large.  Terms of the impoundment, redemption, and disposal of dogs shall be as follows:
5.1   Unlicensed Dogs 
All dogs not licensed or not identified by tags found running at large shall be retained in the pound for a minimum of five (5) days, excluding weekends and holidays.  The five (5) day period shall commence from the date the dog is impounded.  At any time during said five (5) day period, the owner of the dog may redeem said dog, if not held for rabies check or attack, by first procuring a license for the dog and paying an impound fee of thirty dollars ($30.00) plus a boarding fee of five dollars ($5.00) per day for each day of impoundment.  The daily impoundment fee shall commence to run at noon on the day following the day the owner is notified. 
5.2      Identified and Unidentified Dogs
All identified and unidentified dogs found running at large shall be retained in the Pound for a minimum of five (5) days, excluding weekends and holidays. The five (5) day period shall commence from the date the dog is impounded.  A reasonable effort will be made to contact the owner of an identified dog by telephone, in writing, or in person of the impoundment.  At any time during the stated five (5) day period, the owner may redeem said dog, if not held for rabies check or attack, by paying an impound fee to the Animal Control Officer of thirty dollars ($30.00) plus a boarding fee of five dollars ($5.00) per day for each day of impoundment. The five (5) day period shall commence to run at noon on the day following the day the owner is notified.
5.3  Unclaimed Dogs
Any dog unclaimed or not redeemed within the periods of time as herein stated may be adopted by a humane society or sold by the Animal Control Officer to any person for the best price obtainable, provided that the price is equal to or exceeds the impoundment fees herein.  If the dog remains unclaimed or unredeemed, and is not adopted by a humane society within the time periods provided for in this Ordinance, the Bingham County Sheriff, Animal Control Officer, or anyone operating as their agent, may destroy the dog. 
5.4    Disposal of Dogs
In the case any dog is destroyed as provided in Section 5.2 of this Ordinance, the dog shall be destroyed and the carcass disposed of in a humane and lawful manner.
   5.5  Owner Drop-off
When any owner brings his or her dog to the Bingham County Sheriff or Animal Control Officer for impoundment, the owner shall be assessed a fee of twenty dollars ($20.00) per dog or forty dollars ($40.00) per litter.
5.6  Capture of Dogs Running At Large
In the event the County Sheriff is unable by normal means to catch a dog running at large, he may use any reasonable means, including a tranquilizer gun, to catch the dog. The Sheriff shall not be held liable for any injuries suffered by such dog caught running at large.
5.7  Disposition of Impounded Animals – Hearing
Notwithstanding the provisions of Sections 5.1 and 5.2, the Sheriff or the Animal Control Officer, acting under the direction of the Sheriff, may refuse a claim for a dog which is deemed vicious, which has caused property damage or personal injury of any kind other than to the owner or the owner’s property.  In such event, the animal shall not be destroyed if its owner, or any other person seeking to claim it, files with the County Clerk during the claim period, a written request that such destruction be postponed pending review by the County Commissioners.  Such written request shall be accompanied by payment in the amount which would be required by the time of the meeting in order to claim the animal as provided in Section 5.1.
When such request and payment have been made, the animal shall not be destroyed pending a hearing by the County Commissioners.  When the hearing is conducted, the person making the request must appear and show good cause why he/she should be allowed to claim the animal and how he/she will care for it in order to avoid further violations of the provisions of this Ordinance.  Following the hearing, the County Commissioners shall determine whether or not the animal shall be destroyed.
If the Commissioners approve the destruction, the animal shall be destroyed in a humane fashion and the payment made by the party requesting the hearing shall be retained by the County to defray its costs of impounding the animal pending the hearing.  If the Commissioners decide that the animal should not be destroyed, the animal shall be released from impoundment upon such terms as the Commissioners may reasonably impose and the payment made by the person requesting the hearing shall be retained by the County as the fee for claiming the animal under Section 5.1.
6.0   COMMERCIAL AND NON-COMMERCIAL KENNEL LICENSE
It shall be unlawful to keep, maintain, harbor or possess upon the premises of any one household more than four (4) dogs of six (6) or more months of age unless the owner thereof shall have obtained a kennel license.  Any person who pleads guilty or is found guilty of violating any provision in this section, shall be guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000), or by both.
6.1      Application for Kennel
The application for a commercial or non-commercial kennel license shall be the same.  The application for the kennel license shall be made to the Sheriff and the original application must be accompanied by the written consent to such kennel by at least 75% of all property owners within a 200 yard radius of the location upon which said kennel is to be maintained.  The application shall state the name and address of the owner, where the kennel is to be kept, the zone in which the kennel will be maintained, and the breed(s) of dog.  The application, in addition, shall have written approval and consent by the Planning and Zoning Administrator.  All dogs shall be owned by members of the immediate household., and separate tags shall be used for each dog.  Kennel licenses shall not be transferable, and shall expire on December 31 of the year in which issued.  The fee for a kennel license shall be fifteen dollars ($15.00) per year plus five dollars ($5.00) per tag for each dog to be maintained at such premises.  It is unlawful for dogs maintained in kennels to be allowed to run at large or cause a nuisance as defined by this Ordinance.
      Revocation of License
6.2.1   If the County Sheriff has picked up dogs owned by a commercial or non-commercial kennel owner because they were running at large more than three (3) times in any six (6) month period, the commercial or non-commercial license shall be automatically revoked and the other provisions of this Ordinance shall apply.
6.2.2   If the licensee pleads or is found guilty of three (3) or more violations of any offense contained in this Ordinance or a substantially conforming Idaho Code violation within one (1) year, the commercial or non-commercial license shall be automatically revoked and the other provisions of this Ordinance shall apply.
6.2.3    The licensee shall have fourteen (14) days to appeal an automatic license revocation under Section 5.2 and 5.5 of this Ordinance. The appeal shall provide the name and address of the former licensee as well as the grounds for relief. The appeal must be made to the Sheriff within fourteen (14) days from the date of the triggering event.
Kennel Regulations
The Board of County Commissioners hereby adopts the following safety and health regulations for the operation of a commercial and non-commercial kennel.  In addition, a Kennel must apply for a Conditional Use permit in accordance with Title 10 of Bingham County Planning and Zoning Ordinance.
General Conditions
Applicable permits required for building, electrical, mechanical, plumbing, sanitation and planning shall be required.  Housing facilities shall be provided the dogs and such shall be structurally sound and shall be maintained in good repair; shall be designed so as to protect the dogs from injury; shall contain the dogs; and shall restrict the entrance of other animals.
Electrical power shall be supplied in conformance with the City, County, and State electrical codes adequate to supply lightning and heating as may be required by this Section.  Water shall be supplied at sufficient pressure and quantity to clean indoor housing facilities and primary enclosures of debris and excreta.
Adequate potable water supply shall be provided in facilities.  Suitable food and bedding shall be provided and stored in facilities adequate to provide protection against infestation or contamination by insects or rodents or disease.  Refrigeration shall be provided for the protection of perishable foods.
Provision shall be made for the removal and disposal of dogs and food wastes, bedding, dead animals, and debris.  Disposal facilities shall be maintained so as not to be a public or health hazard, free from the infestation or contamination of insects or rodents.
Washroom facilities, including sinks and toilets, with hot and cold water, must be conveniently available for cleaning purposes.  A large sink or tub provided for the purpose of washing utensils, equipment and facilities must be provided.
Sick dogs shall be separated from those appearing healthy and normal and, if for sale, shall be removed from display and sale and kept in isolation quarters with adequate ventilation to keep from contaminating well animals.
All commercial kennels shall have an employee on duty at all times during hours the facility is open.  It shall be the responsibility of the employee to care for the welfare of the dogs in that facility held for sale or display, and said employee or owner shall come in to feed, water, and do the necessary cleaning of dogs on days the facility is closed.
No person, persons, association, firm, or corporation shall knowingly sell a sick or injured dog.
No person, persons, association, firm or corporation shall knowingly misrepresent a dog to a consumer in any way.
  There shall be an employee on duty at all times during normal hours any boarding facility is open.  No dog shall be left unattended in boarding facility for more than four (4) hours.
  No person, persons, association, firm, or corporation shall knowingly misrepresent boarding and grooming facilities in any way.
  Noise emanating from kennels in unincorporated Bingham County is regulated by Section 7.0.3 of this Ordinance.
Indoor Facilities
Heating.    Indoor facilities shall be sufficiently heated when necessary to protect dogs from cold and to provide for their heath and comfort. The ambient temperature shall no be allowed to fall below 50° F for dogs not acclimated to lower temperatures.
Ventilation.  Indoor facilities shall be adequately ventilated to provide for the health and comfort of the animals at all times. Such facilities shall be provided with fresh air, either by means of windows, doors, vents, mechanical ventilation or air-conditioning, and shall be ventilated so as to minimize drafts, odors, and moisture condensation.  Auxiliary ventilation, such as exhaust fans, vents, or air-conditioning, shall be provided to maintain the ambient temperature at 85° F or lower unless animal is acclimated to a higher temperature.
Lighting.  Indoor facilities shall have ample lights, by natural or artificial means, or both, of good quality and well distributed.  Such lighting shall provide uniformly distributed illumination of sufficient light intensity to permit routine inspection and cleaning during the entire working period. Primary enclosures shall be so placed as to protect the dogs from excessive illumination.
Construction.
All indoor facilities shall have interior walls, ceiling and floor surfaces constructed of materials that are resistant to the absorption of moisture and odors, or such surfaces shall be treated with a sealant or with paint, when such materials are not originally resistant to moisture or odors. Floor surfaces shall not be made of unsealed wood. In addition, interior walls shall be constructed so that the interface with floor surfaces is sealed from the flow or accumulation of moisture or debris.
All commercial boarding kennels shall maintain concrete runs for dogs held for boarding.
Drainage.  All indoor facilities shall contain a drainage system which shall be connected to a sanitary sewer or on-site sewage system which conforms to the standards of building and sanitation codes in force within the County and shall be designed to rapidly remove water and excreta in the cleaning of such indoor housing facility under any condition of weather or temperature; provided this requirement shall not apply to non-commercial kennels.  All indoor housing facilities for dogs shall be maintained in a clean and sanitary condition and a safe and effective disinfectant shall be used in the cleaning of such facilities.
Outdoor Facilities
Shelter from Sunlight.  When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow all dogs kept outdoors to protect themselves from the direct rays of the sun.
Shelter from Cold Weather.  Shelter shall be provided for all dogs kept outdoors when the atmospheric temperature falls below 50° F. Sufficient clean bedding material or other means of protection from the weather elements shall be provided when the ambient temperature falls below that temperature to which the animal is acclimated.
Shelter from Rain or Snow.  Dogs kept outdoors shall be provided with access to shelter to allow them to remain dry during rain or snow.
Drainage.  Facilities shall be constructed to provide drainage to prevent the accumulation of water, mud, debris, excreta, and other materials, and shall be designed to facilitate the removal of animal food wastes.
Enclosures.  Facilities shall be constructed with adequate walls or fences to contain the animals kept therein and to prevent entrance of other animals.
Primary Enclosures.  All primary enclosures for dogs shall conform to the following requirements:
Primary enclosures shall be constructed and maintained in good repair to protect the dogs from injury, to contain them, and to keep predators out.
Primary enclosures shall be constructed and maintained so as to enable the dogs to remain dry and clean.
Primary enclosures shall be constructed and maintained so as to provide sufficient space to allow each dog to turn about freely and to easily stand, sit, and lie in a comfortable, normal position.
Each dog housed in a primary enclosure shall be provided a minimum square footage of floor space equal to the mathematical square of the sum of the length of the dog in inches as measured from the top of its nose to the base of its tail, plus six inches, expressed in square feet, i.e., a dog 30” long, plus 6” = 36” x  36”, or 3’ x 3’ = 9 square feet.
Sanitation of Primary Enclosures.
Prior to the introduction of dogs into empty primary enclosures previously occupied, such enclosures shall be sanitized in a manner provided in this subsection.
Primary enclosures for dogs shall be sanitized often enough to prevent an accumulation of debris or excreta or a disease hazard, provided however, that such enclosures shall be sanitized in the manner provided in this subsection.
Cages, rooms, and hard-surfaced pens or runs shall be sanitized by washing them with hot water or with soap or detergent, followed by a safe and effective disinfectant.  Pens or runs using gravel, sand or shavings and replacing it as necessary.
Premises, building and grounds shall be kept clean and in good repair and premises shall remain free of accumulations of trash.
An effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be established and maintained.
Watering.  If potable water is not accessible to the dogs at all times, potable liquids shall be offered to such animals at least every four hours for periods of long enough to provide adequate time for drinking.  Water receptacles shall be kept clean and shall be sanitized daily.
Feeding.  Dogs shall be fed at least once each day, or more often if required to provide adequate veterinary care.  The food shall be free from contamination, wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal.
Classification and Separation.  Dogs housed in the primary enclosure shall be maintained in compatible groups, with the following additional restrictions:
Females in season (estrus) shall not be housed in the same enclosure with males, except for breeding purposes.
Any dog exhibiting a vicious disposition or propensity shall be adequately housed in a separate and secure enclosure sufficient to protect other animals, the general public, and employees of the facility.
Dogs shall not be housed in the same enclosure with cats nor shall dogs or cats be housed in the same primary enclosure with any other species of animals except if primary enclosure is owner’s residence (house), provided further, dogs and cats may be boarded together with owner’s written permission.
Dogs under quarantine or treatment for a communicable disease shall be separated from other animals in such a manner as to minimize dissemination of such diseases.
Boarding facilities for dogs shall keep each animal in individual enclosure – unless otherwise specified by owner’s written permission.
Veterinary Care.  Each dog shall be observed daily by the animal caretaker in charge, or by someone under direct supervision.  If such animal becomes sick or diseased, injured, or lame, it shall be provided with veterinary care or disposed of in a humane manner.
  Applications Must Comply with Regulations
An applicant for a kennel license must comply with the regulations of Section 6.3 in this Ordinance prior to obtaining a license.  Failure to comply with such regulations following submission of the application shall constitute grounds for denial of the application. Random inspection of such kennel shall be conducted by the Bingham County Sheriff’s Office prior to the issuance of a license. Refusing to allow such an inspection shall constitute grounds for denial of the application.
  Continuing Duty to Comply with Regulations
Failure to comply with the regulations set forth in Section 5.3 of this Ordinance during the effective period of the kennel license shall constitute grounds for revocation of such license. Random inspections of such kennel may be conducted by the Bingham County Sheriff’s Office at any time during the effective period of the license. Refusing to allow such an inspection shall result in an automatic license revocation and the other provisions of this Ordinance shall apply. An appeal of such a revocation may be made in accordance with Section 5.2.3 of this Ordinance.
7.0   RABIES
Any dog or any other animal showing symptoms of rabies or other disease, sickness or illness, and every dog or other animal that has bitten any person so as to cause an abrasion or laceration of the skin, shall be immediately surrendered to the Animal Control Officer, or other law enforcement officer, and thereafter said animal shall be subject to the complete jurisdiction of the officer.  If such dog or other animal is not immediately surrendered to the officer, said officer has the authority to take custody of said animal.  Said animal shall be quarantined at the owner’s or harborer’s expense with a veterinarian of the owner’s or harborer’s choice or at the County Animal Shelter as needed for a period not less than ten (10) days, and, upon a veterinarian’s determination that the animal is not rabid, sick or ill as to cause a danger to any person, shall be released to said owner or harborer upon the payment of quarantine and examination costs and expenses. If said costs and expenses are not paid, disposition shall be provided as in Section 5.0 4.1 of this Ordinance.
Further, it shall be the duty of all practicing veterinarians to report to the County Health Officer all cases of rabies or suspected rabies with which he/she comes in contact or to which his/her attention has been directed.  No person shall kill or cause to be killed any rabid dog, any dog suspected of having been exposed to rabies, or any dog biting a human, nor remove the same from the County limits without written permission of the Health Officer, except that a person may kill such an animal when necessary to prevent it from escaping or biting any other animal or person.
  OFFENSES SUBJECT TO ELEVATED PENALTIES
Dogs at Large: Any person, who, willfully or negligently permits any dog owned or possessed or harbored by him to be, or run, at large without a competent and responsible attendant or master, within the limits of any city, town, or village or in the vicinity of any farm, pasture, ranch, dwelling house, or land of another, or who willfully or negligently fails, neglects or refuses to keep any such dog securely confined within the limits of his own premises when not under the immediate care and control of a competent and responsible attendant or master.  There shall be an exception for Dogs that are actively being used in hunting while attended by a license carrying hunter.  There shall Penalties shall be as prescribed by Section 8.0 of this Ordinance.
Biting  Dog: The owner of a dog which, when not provoked, bites a person causing a less severe injury than as defined in Section 3.10, to any person who is not trespassing, committing a tort upon the premises occupied by the owner or the keeper of the dog, teasing, tormenting, abusing, assaulting the dog, or has in the past been observed or reported to have tormented, abused, or assaulted the dog, or who is attempting to commit a crime, Penalties shall be as prescribed by Section 8.0 of this Ordinance.
Dog Nuisance: Any person owning, harboring, controlling, or keeping any dog who permits the dog under their ownership or control to engage in barking, howling, or any other noise which disturbs or is likely to disturb the peace and quiet of another person. Penalties shall be as prescribed by Section 8.0 of this Ordinance.
Dumping of Dogs:Any person who turns lose, sets free, or dumps a dog within Bingham County. Penalties shall be as prescribed by Section 8.0 of this Ordinance.
Hindering, Molesting or Interfering with Authorized Persons: Any person who hinders, molests, or interferes with an authorized person who is engaged in seizing any dog, killing the same or removing the carcass under the provisions of this Ordinance. Penalties shall be as prescribed by Section 8.0 of this Ordinance.
Nauseous, Foul or Offensive Conditions: Any person who keeps, harbors, or maintains a dog or dogs within the County in such a manner that the keeping of the same results in nauseous, foul or offensive conditions. Penalties shall be as prescribed by Section 8.0 of this Ordinance.
Failure to Provide Adequate Food, Water, Shelter and Veterinary Care: Any person who fails to provide a dog or dogs with adequate food, water, shelter, and necessary veterinary care. Penalties shall be as prescribed by Section 8.0 of this Ordinance.
PENALTIES FOR SECTION 8.0 OFFENSES
Any person who pleads or is found guilty of a violation under Section 8.0 of this Ordinance who has not previously been convicted of a violation under the same ordinance within the past five (5) years, shall be guilty of an infraction punishable by a fine of seventy-five dollars ($75.00) plus court costs.
Any person who pleads guilty to or is found guilty of a violation of Section 8.0 of this Ordinance, who previously has pled guilty to or has been found guilty of a violation under the same ordinance within the past five (5) years, shall be guilty of an infraction punishable by a fine of one hundred fifty dollars ($150.00) plus court costs.
Any person who pleads guilty to or is found guilty of a violation of Section 8.   0 of this Ordinance, who previously has pled guilty to or has been found guilty of two (2) or more violations under the same ordinance within the past five (5) years, shall be guilty of a misdemeanor, punishable by imprisonment in a County Jail not exceeding six (6) months or by a fine not exceeding one thousand dollars ($1,000.00), or by both plus court costs.
ALL OTHER OFFENSES
Vicious Dogs: Any dog which, when not physically provoked, severely injures or kills any person who is not trespassing, committing a tort upon the premises occupied by the owner or the keeper of the dog, teasing, tormenting, abusing, assaulting the dog, or has in the past been observed or reported to have tormented, abused, or assaulted the dog, or who is attempting to commit a crime, is vicious.  It shall be unlawful for the owner or for the owner of the premises on which a vicious dog is present to harbor a vicious dog outside a secure enclosure.  A secure enclosure is one from which the animal cannot escape and for which exit and entry is controlled by the owner of the premises or owner of the animal.  Any vicious dog removed from the secure enclosure must be restrained by a chain sufficient to control the vicious dog. Persons guilty of a violation of this subsection, shall be guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000.00), or by both, plus any court costs.  For a second or subsequent violation of this subsection, the court may, in the interest of public safety, order the owner to have the vicious dog destroyed or may direct the appropriate authorities to destroy the dog.
Destruction of Property Any person owning, harboring, controlling, or keeping any dog who pleads guilty to or is found guilty of permitting the dog under their ownership or control to cause property damage of any kind to a person other than the owner or custodian of the dog shall be guilty of a a misdemeanor, punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000.00), or by both, plus any court costs.
Maltreatment or Torture of Dogs: Any person who pleads guilty or is found guilty of beating, abusing, cruelly treating, torturing, or killing a dog in an inhumane manner shall be guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000.00), or by both, plus court costs.
PROCEDURES UPON ATTACK
In the event that a dog bites or attacks any person outside the property of the owner or caretaker the following procedure shall apply:
The dog(s) shall be impounded for ten (10) days at the owner’s expense for observation, unless the owner shows adequate proof of rabies vaccination.
After the ten (10) day quarantine and all threat of rabies are dismissed, the dog(s) may be released after paying all fees and costs associated with impound.
In the event any dog is involved in two or more acts of biting or attacking that result in severe injury or death, the dog(s) must be destroyed.
DESTRUCTION OF INJURED DOGS
If any dog has been severely injured by an automobile or by any other means, the owner or the County Sheriff, if the owner or a responsible person cannot be located within a reasonable period of time, may destroy the dog to prevent the animal from suffering.  The person who destroys the dog to prevent it from suffering shall not be held liable for said destruction.
VIOLATION
Unless otherwise indicated herein, any person who pleads guilty or is found guilty of violating any provision herein, shall be guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000), or by both, plus any court costs.
LAW ENFORCEMENT
For purposes of this Ordinance any reference to the Bingham County Sheriff shall also include Bingham County Sheriff Deputies.
SEVERABILITY
If any section or provision of this Ordinance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining sections or provisions.
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage and the publication of the Summary of this Ordinance as provided by law.
This Ordinance is enacted, approved and adopted by the Bingham County Board ofCounty Commissioners as an ordinance on this 8th day of July, 2020.
            Board of Bingham County Commissioners
            Bingham County, Idaho
            _____________________________________________
            Whitney Manwaring, Chairman
            ______________________________________________
            Mark Bair, Commissioner
            ______________________________________________
            Jessica Lewis, Commissioner
Attest:___________________________________
   Pamela W. Eckhardt, Bingham County Clerk