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A. Dangerous dog means any dog that:
1. Without justified provocation, has inflicted serious injury or kills a person on public or private property, or
2. Has been previously found to be potentially dangerous under this chapter, or any substantially conforming foreign statute, and thereafter aggressively bites or physically attacks a person without justified provocation; or
3. Without justified provocation, and while at large, inflicts serious injury or kills another domesticated animal or livestock animal without justified provocation; or
4. Has been previously found to be a dangerous dog as defined under Idaho Code title 25, chapter 28, or found to be in violation of any substantially conforming foreign statute; or
5. The animal is owned or harbored for the purpose of fighting or has been trained to fight.
B. Potentially dangerous dog means any dog that:
1. Without justified provocation, bites a person without causing serious injury; or
2. Has been previously found to be an at-risk dog as defined under Idaho Code title 25, chapter 28; or found to be in violation of any substantially conforming foreign statute.
C. Exceptions For Justified Provocation: No dog may be found to be dangerous or potentially dangerous if at the time an injury or damage was sustained, the precipitating cause constituted justified provocation. Justified provocation includes the following:
1. The dog was protecting or defending a person within its immediate vicinity from an attack or assault; or
2. The injured person was committing a crime or offense upon the property of the dog's owner; or
3. The person was at the time, or had in the past, willfully tormented, abused, or threatened physical abuse upon the dog; or
4. The dog was responding to pain, injury, or protecting its offspring from threat; or
5. The dog was working as a hunting dog, herding dog, or predator control dog on the property of its owner, and the injured person interfered with that dog while it was lawfully working, including, but not limited to public lands; or
6. The dog is a service dog individually trained to do work or perform certain tasks for a person with a disability, and the person interfered with the dog while it was assisting its owner with a disability; or
7. The injured person intervened between two (2) or more dogs mutually engaged in aggressive behavior or fighting; or
8. The domestic animal the dog attacks or kills is a wild fowl or a domestic fowl at-large.
D. Impoundment; Fees And Costs; And Determination Hearing: A dog may be impounded for being dangerous or potentially dangerous pending a determination hearing, and the animal's owner may be liable for the related fees and costs as set forth in this chapter. Any action to determination whether a dog is dangerous or potentially dangerous at hearing must be initiated within twelve (12) months of the underlying offensive behavior.
E. Harboring A Dangerous Or Potentially Dangerous Dog: No person shall own, possess, maintain, or harbor any dog that has been found to be dangerous or potentially dangerous as described herein within the City, unless the owner is in full compliance with the registration, licensing, confinement, and control provisions as provided in any judgment rendered under this chapter.
F. Registration, Confinement, Control, And Destruction Of Dangerous Or Potentially Dangerous Dogs:
1. Registration Requirements: The owner of a dog that is determined to be dangerous or potentially dangerous under this chapter, or any substantially conforming foreign statute, shall register and license that animal with the City within seven (7) business days of the dog either being determined dangerous or potentially dangerous or moving within the City's jurisdiction. Failure to register and license the dog within this time period shall result in the immediate impoundment of the animal by the City.
2. No such dog shall be registered and licensed by the City for any licensing period, unless and until the owner of such dog meets all the following registration requirements:
a. The owner of a dog determined to be dangerous under this chapter, except subsection A3, shall be required to present to the City Clerk, proof of liability insurance or a surety bond in the amount of no less than two hundred fifty thousand dollars ($250,000), covering any damage or injury which may be caused by such dangerous dog during the twelve (12) month period for which licensing is sought. The owner of a dog determined to be dangerous for physically injuring or killing another animal, shall be required to present to the City Clerk, proof of liability insurance or a surety bond in the amount of no less than twenty thousand dollars ($20,000), covering any damage or injury which may be caused by such dangerous dog during the twelve (12) month period for which licensing is sought. The insurance policy or surety bond shall contain a provision which names City as additional insured, to ensure that the City is directly notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.
b. A dog found to be dangerous or potentially dangerous shall be permanently identified by means of a microchip or other method used for the identification of companion animals at the expense of the owner. Microchip registration shall be reported in a timely manner to the Animal Shelter. Photographs of the dog may be required by the Animal Shelter. Upon demand, the dog's owner shall provide access to the animal for the purpose of verifying microchip implantation or other identification method to any authorized officer.
c. The premises on which a dangerous or potentially dangerous dog is kept shall be posted with clearly visible signs stating, "Beware of Dangerous or Potentially Dangerous Dog per Boise City Code Section 5-1-11" and with a warning symbol or representation that informs children of the presence of a dog that may be dangerous. The sign shall be constructed of durable, weatherproof materials and at least twenty-four inches by twenty-four inches (24" x 24") in size. All signs shall be kept clear of obstructions and shall be clearly visible and readable from at least thirty feet (30') away.
d. The owner of a dangerous or potentially dangerous dog shall sign a statement attesting that the owner acknowledges and agrees to notify the City Clerk within twenty-four (24) hours if the dog is at large, has attacked livestock or another domestic animal, has attacked a human being, has died, has been sold, or has been given away. If the dog has been sold or given away, the owner shall also provide the City Clerk with the name, physical address, and telephone number of the new owner of the animal.
G. Confinement And Control:
1. All dangerous dogs shall be confined securely indoors or within a securely fenced yard of at least six feet (6') in height, and with substantial and locked gates so that the dog cannot escape, and unauthorized persons are prevented from accidental entry. The determination hearing officer may require additional measures to physically secure the dog.
2. It shall be unlawful for any owner to allow any dangerous dog to be outside of the dwelling of the owner or the secured yard, except for the following limited reasons:
a. To obtain veterinary care for the dog;
b. To sell or give away the dog;
c. To comply with an order or directions from an authorized officer regarding the dog;
d. To obtain a dangerous or potentially dangerous dog registration microchip or other identification as required in this chapter;
e. To be inspected for liability insurance or surety bond purposes;
f. To confine the dog at a temporary boarding facility, provided the operator of the boarding facility is made fully aware of the dangerous dog designation and agrees to maintain the dog in a manner that prevents injury to people or other animals by keeping the dog isolated in a secure enclosure; or
g. An owner who does not have access to a private outdoor space, may petition the City Clerk or the Director of the Animal Shelter in writing, to allow a special exemption for limited access to the public outdoors for the dog's exercise and defecation. The City Clerk or Director of the Animal Shelter in their discretion, may grant that exemption in writing.
3. When off the property of the owner, and not confined in a secure, locked enclosure, any dangerous or potentially dangerous dog shall be kept upon a secure leash not exceeding three feet (3') in length and of sufficient strength to keep the dog under the direct control and supervision of the its owner. At the determination hearing additional requirements for the control and containment of the dog may be ordered.
4. Any dog found to be dangerous may be ordered to be spayed or neutered at the owner's expense.
1. An authorized officer is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this section, and any such officer is hereby empowered to seize and impound any dangerous or potentially dangerous dog whose owner fails to comply with those provisions set forth in this chapter.
2. In the event that the dog's owner refuses to surrender the animal to an authorized officer, the officer may request a law enforcement officer obtain a search warrant from an Ada County Magistrate of the Fourth Judicial District of Idaho, as necessary, to seize the dog upon execution of the warrant.
I. Exempt Entities:
1. Subsections C, E, F, G, and H of this section shall not apply to kennels licensed in accordance with the provisions of this chapter.
2. The provisions of this section shall not apply to K-9 owned by any Police Department or any law enforcement officer which are used in the performance of law enforcement police work.
J. Violations; Penalty:
1. Any dangerous dog in violation of any of the following provisions shall be confiscated by a Humane Officer and destroyed in an expeditious and humane manner after the expiration of a five (5) business day waiting period:
a. A dangerous dog that does not have a valid registration and license in accordance with the provisions of this chapter;
b. A dangerous dog whose owner does not secure the liability insurance coverage or surety bond required in accordance with the provisions of this chapter;
c. A dangerous dog that is not maintained on property within a secure enclosure;
d. A dangerous dog that is outside of either the owner's dwelling or an enclosure, not covered by the exceptions as provided in this section;
e. A dangerous dog that is not microchipped, or otherwise identified as dangerous as provided in this section;
f. A dangerous dog, that when unprovoked, kills, wounds, worries, or assists in killing or wounding of any livestock or domestic animal belonging to or in the possession of any person; or
g. A dangerous dog, that when unprovoked, attacks, assaults, wounds, bites, or otherwise injures or kills a human being.
2. Enhanced penalties for subsequent violations of the provisions of subsections F and G shall be imposed in an amount established by the City Council and listed on the City's Master Fines and Fees Schedule.
3. No fine or identification requirement shall be suspended by any court of competent jurisdiction.
K. Expiration Of Potentially Dangerous Dog Designation: In the event a dog designated as potentially dangerous does not subsequently act in a manner consistent with the definitions of a dangerous or potentially dangerous animal, and provided that the owner of the animal has complied with all the provisions of this section for a period of at least two (2) consecutive years, the owner may petition the Director of the Animal Shelter to lift the imposed restrictions and requirements placed on the animal.
L. Action For Damages; Civil Penalty: If any dangerous dog, without justified provocation, shall injure or kill any domesticated animal or livestock belonging to another, or shall without justified provocation, bite or otherwise physically injure any human while out of or within the enclosure for such animal, or while on or off the owner's property of the owner regardless whether the dog was on a leash or had escaped without the fault of the owner, such dog's owner shall be liable to the aggrieved person for all damage sustained, to be recovered in a civil action, with costs of suit. It is rebuttably presumed as a matter of law that the owning, keeping, or harboring of a dangerous dog in violation of this chapter is a nuisance. It shall not be necessary, in order to sustain any such action, to prove that the owner of the dangerous dog knew that such dog possessed the propensity to cause such damage or that the dangerous dog had a vicious nature. (Ord. 20-21, 5-11-2021)