A. Acts Specified: It shall be unlawful for any person to act in a cruel manner to any animal within the City. Nothing in this section shall preclude prosecuting any person for Torturing Companion Animals as set forth in Idaho Code Title 25, Chapter 35. The phrase “cruel manner” shall include, but is not limited to, the following specific acts and omissions:
1. Any owner of an animal who fails to provide such animal with care sufficient to preserve the health, safety, and well-being of animal, except for circumstances beyond the reasonable control of the owner or custodian of the animal, which includes:
a. Good and wholesome food, in a sufficient quantity to allow for normal growth or maintenance of body weight; or
b. Adequate access to potable water in sufficient quantity to satisfy the animal’s needs; or
c. Proper shelter and protection from the weather; or
d. Proper veterinary care which a reasonably prudent person would deem necessary to relieve or to prevent suffering or disease; or
e. A clean and wholesome environment in which to live, free from excessive waste or other contaminants that could affect the animal’s health; or
f. Protection from the abuse of other persons; or
g. Prevention of severe matting of fur, severe overgrowth of nails or hooves, that a reasonably prudent person would know would cause pain or injury.
2. Any person who, through act or omission, does any of following specific acts with an animal:
a. Abuses or otherwise mistreats; or
b. Beats, maims, mutilates, knowingly or intentionally injures, wounds, or tortures; or
c. Misuses; or
d. Overloads, overworks, or overrides; or
e. Dumps or abandons; or
f. Exposes to unreasonable danger to health or life; or
g. Willfully administers any poisonous substance to an animal that is owned by another, or maliciously places any poisonous substance where it would be found by an animal, or where it would attract an animal, with the intent that the animal ingest or absorb such poisonous substance;
h. Transport in, on, or upon any vehicle in a manner that is reckless or dangerous to the animal or public; or
i. Displays, as defined in this chapter, prohibited animals; or
j. Engages in animal hoarding as defined in this chapter; or
k. Exposes the animal for a prolonged period of time in extreme heat or cold conditions that results in hypothermia, hyperthermia, frostbite, other injurious condition, or death as diagnosed by a veterinarian.
B. Enforcement Restrictions: In cases were production animals are subject to a violation of this chapter’s cruelty to animal provisions or Idaho Code sections 25-3504, 25-3505, or 25-3511, the authorized officer, animal care and control agency, or animal shelter shall not:
1. Enforce the cruelty to animal provisions of this chapter or Idaho Code sections 25-3504, 25-3505, or 25-3511, without first obtaining an inspection and written determination from an Idaho state Department of Agriculture investigator in the animal industries division, that a violation of one or more animal cruelty provisions has occurred or is occurring; or
2. Take a production animal from a production animal facility, pasture, or rangeland for a violation of the animal cruelty provision of this chapter or Idaho Code sections 25-3504, 25-3505, or 25-3511, without first obtaining an inspection and written determination from an Idaho state Department of Agriculture investigator in the animal industries division, that such seizure is in the best interest of the animal.
C. Not to Construe to Interfere with Normal or Legal Practices: No part of the animal cruelty provisions of this chapter shall be construed as interfering with or allowing interference with:
1. Normal or accepted veterinary practices; or
2. The humane slaughter of any animal normally and commonly raised as food, for production of fiber or equines; or
3. Bona fide experiments or research carried out by professionally recognized private or public research facilities or institutions; or
4. The humane destruction of an animal which is diseased or disabled beyond recovery for any useful purpose, or the humane destruction of animals for population control; or
5. Normal or accepted practices of animal identification and animal husbandry as established by, but not limited to, guidelines developed and approved by the appropriate national or state commodity organizations; or
6. The killing of any animal, by any person at any time, which may be found outside of the owned or rented property of the owner or custodian of such animal and which is found injuring or posing a threat to any person, farm animal, or property; or
7. The killing of an animal that is vicious by an authorized officer or veterinarian; or
8. The killing or destruction of predatory animals, vermin or other animals or birds which are injuring or posing a threat to farm or privately-owned animals or property, when such killing or destruction is conducted in accordance with laws and rules covering such animals; or
9. Any other exhibitions, competitions, activities, practices or procedures normally or commonly considered acceptable.
The practices, procedures and activities described in this section shall not be construed to be cruel nor shall they be defined as cruelty to animals, nor shall any person engaged in these practices, procedures or activities be charged with cruelty to animals.
D. Penalties: Any person violating any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be subject to penalty as provided in section 1-4-3 of this Code, with the fine amount no less than two hundred fifty dollars ($250). Each day such violation is committed or permitted to continue shall constitute a separate offense. It shall be the duty of any police officer, Humane Officer or other designated City employee to take possession of any animal for which he has probable cause to believe falls under this section and deliver such animal to the animal shelter. All costs incurred for the maintenance of such animal will be paid by the person charged with the offense.
E. Forfeiture of Abused Animals: Abused animals may be impounded, subject to forfeiture, and the owner liable for related fees and costs as set forth in this chapter. (Ord. 2231, 12- -2022)