For the purposes of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and not merely directory. Words used throughout this chapter shall have their plain, ordinary and common meaning. Words in any gender shall apply to the feminine, masculine and neuter genders.
ABUSE (AS TOWARDS AN ANIMAL): | Any intentional or negligent act, course of conduct, or omission resulting in an animal dying, suffering, or being injured, including but not limited to bruising, bleeding, malnutrition, dehydration, burns, fractures or breaks of any bones, subdural hematoma, or soft tissue swelling of the animal. |
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 CARE AND CONTROL AGENCY: | An organization with which the City may contract and thereby conferred authority to exercise the powers and duties set forth in this chapter, title 7, chapter 7, article A of this Code, and Idaho Code provisions related to animal care and control services within the City's jurisdiction. |
ANIMAL CARE ORGANIZATION: | An entity that provides animal control or animal shelter services not on the City's behalf and typically outside of the City's jurisdiction, whose mission and practice is in whole or significant part, the rescue and placement of animals in permanent homes or non-profit rescues. |
ANIMAL HOARDING: | To own, keep, or otherwise possess a large number of animals for which the owner is unable to provide the minimal standards of nutrition, sanitation, and veterinary care; or to perpetuate or fail to ameliorate conditions that endanger animal and human health and well-being due to overcrowding, lack of sanitation, lack of proper diet, untreated disease, or other deleterious conditions. |
ANIMAL SHELTER (or "HUMANE SHELTER"): | A facility maintained either by the City or by a third-party under contract with the City to provide animal impoundment and humane care to animals within the City's jurisdiction. |
AT LARGE: | Off the premises of the owner, and not under the control of the owner or a member of his immediate family, either by leash, cord, chain or otherwise provided for in this chapter. |
AUTHORIZED OFFICER: | A Code Compliance Officer, a Humane Officer, or a Boise City Police Officer. |
BOARDING KENNEL, COMMERCIAL: | Any lot or premises or portion thereof, on which five (5) or more dogs, cats and other household domestic animals are maintained, harbored, possessed, boarded, bred or cared for in return for compensation, or are offered for sale. |
BOARDING KENNEL, NONCOMMERCIAL: | Any lot or premises or portion thereof on which more than four (4) dogs, or five (5) cats, or a combination of four (4) such animals, are maintained, harbored, possessed, bred or cared for, without compensation and are not for sale. A noncommercial kennel license for such activity is required from the City Clerk. |
BREEDER: | A person that maintains a dog or cat for the purpose of breeding and selling the offspring for money or other consideration. |
BUILDING: | Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space, or any walls in which there are no communicating doors, windows or openings, which is designed or intended for the shelter, enclosure or protection of persons, animals, chattels or property of any kind. |
CAT: | A member of the species of domestic cat, Felis catus. |
CHIEF OF POLICE: | The Chief of the Boise Police Department, or his or her designee. |
CITY: | The city of Boise City, Idaho. |
CITY CLERK: | The City Clerk of the City and designee. |
CODE COMPLIANCE OFFICER: | A City employee, that is not a law enforcement officer, who is authorized and empowered to enforce City Code, including but not limited to the provisions of this chapter, title 7, chapter 7, article A of this Code, and Idaho Code provision related to animal care and control. This term is interchangeable with "code enforcement officer." |
DISPLAY (AN ANIMAL): | An exhibition, public showing, exposition, fair, animal act, circus, ride, trade show, petting zoo, carnival, parade, race, traveling animal shows, or other undertaking in which live prohibited animals, as set forth in this chapter, are used to perform tricks, give rides, or participate as accompaniments for entertainment, amusement, or benefit of a live audience. |
DOG (or "CANINE"): | A domesticated canine of either sex regardless whether neutered or spayed. |
DOMESTIC ANIMAL: | A dog, cat, or other animal that is tame and kept as a household pet but does not include livestock, other farm animals, wildlife, or prohibited animals. |
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, and if needed a secure enclosure top and bottom, and shall be designed to prevent the animal from escaping from the enclosure. |
HUMANE CARE: | The humane provision of animal impoundment, medical treatment, care, and disposal services for animals seized, kept, or removed in conformity with and required by the provisions of this chapter, title 7, chapter 7, article A of this Code, and Idaho Code provisions related to the welfare and control of animals within the City's jurisdiction. |
HUMANE OFFICER: | An employee of the City's contracted animal care and control agency or animal shelter who is thereby authorized to act as the City's agent to exercise the powers and duties set forth in this chapter, title 7, chapter 7, article A of this Code, and Idaho Code provisions related to animal welfare and control within the City's jurisdiction subject to and under the supervision and direction of the animal care and control agency. Animal Humane Officers are not and shall not be deemed to be City employees. |
IMPOUNDED (IMPOUND, IMPOUNDMENT): | Taken into the custody of the animal shelter. |
INDIVIDUAL WITH A DISABILITY: | A person who has a disability as defined by the federal Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq., and its implementing regulations effective as of January 1, 2019. |
JUSTIFIED PROVOCATION: | To perform any act or omission that a reasonable person with a common knowledge of dog behavior would conclude is likely to precipitate a bite or physical attack by an ordinary dog. |
LIVESTOCK ANIMALS: | Useful animals ordinarily raised or used on a farm or ranch, including but not limited to, cattle, equine, sheep, goats, swine, llamas, and alpacas. |
MISUSE: | The intentional causing of an animal to perform a noncustomary task which could be dangerous or harmful to the animal. |
MOBILE HOUSING FACILITY: | A vehicle such as a truck, trailer, or railway car used to transport and house animals while traveling for display or other performance. |
NON-PROFIT RESCUE: | Any not-for-profit organization which has tax-exempt status under section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes. This term does not include an entity that is a breeder or broker or one that obtains animals from a breeder or broker for profit or compensation. |
OFFER FOR SALE: | To sell for money, to barter, to auction, to give away, or otherwise to facilitate a transfer of ownership of an animal. |
OWNER: | Any person keeping, harboring, possessing, caring for or having any custodial duties over any animal. |
PERSON: | All natural persons, firms, companies, corporations or associations. |
PHYSICAL ATTACK: | An act of aggression upon a person by a dog in which there is physical contact between the dog and the person. |
POULTRY: | Any and all domesticated fowl, including chickens, ducks, geese turkeys, and other similar domesticated birds. |
PRODUCTION ANIMAL: | Animals such as cattle, sheep, goats, swine, poultry, ratites, equines, domestic Cervidae, Camelidae, and guard and stock dogs, if such animal is used for the purpose of or in furtherance of producing food or fiber or other commercial activity, or is to be sold for the use by another for such purpose; or alternatively, a furbearing animal kept for the purpose of commercial fur production. |
SENIOR CITIZENS: | Any head of household who has attained the age of sixty-five (65) or older. |
SERIOUS INJURY: | A wound to a person characterized by bruising, laceration, or other physical damage 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. |
SERVICE DOG IN TRAINING: | A dog being specifically trained to develop social, environmental, and other skills needed for work with or to perform tasks for an individual with a disability. Dogs-in-training shall wear a jacket, collar, scarf, or other similar article identifying it as a dog-in-training. |
TETHER OR TETHERING: | When any person fastens, chains, ties, restrains, or causes a dog to be fastened, chained, tied, or restrained to buildings, trees, fences, or other stationary or highly immobile objects by means of a leash, cable, rope, chain, strap or other physical restraint for the purpose of confinement, except in circumstances where all of the following requirements are met: 1. The tethering shall not be for more time than is necessary for the dog's owner to complete a temporary task that requires the dog to be physically restrained for a reasonable time; 2. The dog must be tethered by a non-choke type collar or a body harness; 3. The dog shall be monitored periodically. (Ord. 20-21, 5-11-2021) |