As used in this chapter, each of the terms defined shall have the meanings given in this section, unless a different meaning is clearly required by the context. The word "shall" is mandatory, not directory.
ABUSE: Any case in which an animal has been the victim of intentional or negligent conduct resulting in the animal's bruising, bleeding, malnutrition, dehydration, burns, fractures or breaks of any bones, subdural hematoma, soft tissue swelling or death.
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 humane shelter services.
ANIMAL CONTROL OFFICER: The City may authorize the animal control contractor to employ or appoint animal control officers. Animal control officers shall not be deemed to be City employees. An animal control officer shall be and is hereby authorized to seize, keep and remove any animal in violation of and in enforcing the provisions of this chapter, subject to and under the supervision and direction of the animal control contractor of Boise City.
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.
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 cats, or a combination of 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.
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.
CITY: Boise City, Idaho.
CITY CLERK: The City Clerk of the City and designee.
DOG: Both male and female, 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 from the enclosure.
HUMANE SHELTER: Established for the impounding and care of animals seized, kept or removed in conformity with the provisions of this chapter, which humane shelter shall be under the jurisdiction of the City. The Idaho Humane Society, Incorporated, is hereby designated, subject to its acceptance in writing filed with the Clerk, as the agent of the City for the purpose of maintaining and operating the humane shelter and for the purpose of impounding, keeping and disposing of any animal impounded according to the provisions of this chapter; provided, that neither the society nor any employee employed at the humane shelter shall be deemed to be City employees.
IMPOUNDED: Taken into the custody of the humane 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 or persons keeping, harboring, possessing, caring for or having any custodial duties over any animal.
PERSON: All natural persons, firms, companies, corporations or associations.
SENIOR CITIZENS: Any head of household who has attained the age of sixty five (65) or older.
SIGN: Any structure which shall be used to attract attention to any object, place, activity, person, animal or 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 subsection 5-1-7B3 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.
  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; or
  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 animals; or
  3. Any animal which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation; or
  4. Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting.
   B.   Exceptions:
  1. Notwithstanding this definition of a vicious animal, 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 dog or was committing or attempting to commit a crime.
  2. No animals may be declared vicious if the injury or damage was sustained as a result of teasing, tormenting, abusing or assaulting the animal. 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. (1952 Code § 6-07-01; amd. Ord. 24-16, 8-9-2016; 2019 Code)