When used in this chapter, the following words, terms, and phrases, and their derivations shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ANIMAL: Any live creature, either domestic or wild, except humans or plants. Animal includes fowl and reptiles, but shall exclude fish.
ANIMAL CONTROL OFFICER: Any employee or agent of the city, designated by the mayor or city administrator to administer and enforce the licensing, inspection and compliance requirements established by this chapter.
ANIMAL DAYCARE: An animal daycare is a use located inside a building where household domestic animals, specifically dogs and cats, are maintained, harbored, or cared for on a daily basis; and which may have commercial grooming and similar accessory uses to the animal daycare. An "animal daycare" may contain outdoor plan and sanitation areas as an accessory to the primary use. Overnight boarding shall be considered kenneling and shall meet all kennel requirements; whereas, overnight boarding associated with outdoor kenneling practices are not allowed.
ANIMAL HOSPITAL AND CLINIC: Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of animal diseases and injuries.
ANIMAL KENNEL: Any building, collection of buildings or a property in which dogs or cats are housed, maintained, and bred.
ANIMAL NUISANCE: Any nuisance arising out of the keeping, maintaining or owning of, or failure to exercise sufficient control of, an animal or animals.
ANIMAL SHELTER: Any facility operated for the temporary care, confinement and detention of animals and for the humane euthanizing and other disposition of animals or any facility authorized by the mayor or his designee to impound, confine, detain, care for or destroy any animal.
AT LARGE ANIMAL: An animal, excluding cats, that is off the premises of its owner, or if on the premises of its owner or of another, with permission, is not on a leash or otherwise suitably contained on the premises such that it is under the immediate control of a person physically capable of restraining the animal.
CRUELTY: Any act or omission whereby unjustifiable physical pain, suffering or death of an animal is caused or permitted, including failure to provide proper drink, air, space, shelter or protection from the elements, a sanitary and safe living environment, veterinary care or nutritious food in a sufficient quantity. In the case of activities where physical pain is necessarily caused, such as medical and scientific research, food processing, customary and normal veterinary and agricultural husbandry practices, pest elimination, and animal training and hunting, "cruelty" shall mean a failure to employ the most humane method reasonably available.
DISPOSITION: Adoption, quarantine, voluntary or involuntary custodianship or placement, or euthanasia humanely administered to an animal. "Disposition" includes placement or sale of an animal to the general public.
DOMESTIC ANIMAL: Includes dogs, cats, domesticated sheep, horses, pigs, cattle, goats, swine, fowl, nonpoisonous snakes less than three feet (3') in length, pigeons, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants, and other birds and animals raised and/or maintained in confinement.
EXOTIC ANIMAL: Any live monkey, alligator, crocodile, caiman, raccoon, skunk, fox, bear, sea mammal, poisonous snake, nonpoisonous snakes more than three feet (3') in length, members of the feline species other than domestic cat (Felis domesticus), member of the canine species other than domestic dog (Canis familiaris) or any other animal that by virtue of strength or inherent temperament or disposition would require a standard of care and control greater than that required for customary household pets sold by commercial pet shops or domestic farm animals.
GUARD OR ATTACK DOG: A dog trained to attack on command or to protect persons or property.
HEARING OFFICER: The sheriff, or a designee who is not directly involved in animal control matters, who sits as an impartial hearer of facts and passes judgment on appeals brought by persons who have been found to have violated any of the provisions of this chapter.
IMPOUNDMENT: The taking into custody of an animal by any law enforcement officer, animal control officer, or any authorized representative thereof.
KENNEL: Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or where four (4) or more dogs, six (6) months or older, are maintained, harbored, possessed, boarded, bred, trained or cared for.
MUZZLE: A device constructed of strong material designed to fasten over the mouth of an animal to prevent the animal from barking or biting.
OWNER: Any person having temporary or permanent custody of, sheltering or having charge of, harboring, exercising control over, or having property rights to, any animal covered by this chapter. An animal shall be deemed to be harbored if it is fed or sheltered by any person or if the person purported to be harboring claims to have custody or responsibility for the care of any animal.
SANITARY: A condition of good order and cleanliness to minimize the possibility of disease transmission and not producing adverse health or sensory conditions for adjoining property owners.
UNDER RESTRAINT: An animal is secured by a leash or lead under the control of a person physically capable of restraining the animal, or securely enclosed within the real property limits of the owner's premises.
VICIOUS OR DANGEROUS ANIMAL: Any animal that attacks, bites, or physically injures human beings, domestic animals, or livestock without adequate provocation, or which, because of temperament or training, has a known propensity to attack, bite, or physically injure human beings, domestic animals, or livestock. Any wild animal or any animal that without adequate provocation has bitten or attacked a human being or other animal shall be prima facie presumed vicious or dangerous.
WILD ANIMAL: Any live, nonhuman primate, feral or not, native or not, generally living in a state of nature including, but not limited to, deer, elk, bears, mountain lions, leopards, panthers, tigers, lions, lynx, bobcats, feral cats and other animals classified by the state of Idaho as wildlife. The term "wild animal" does not include domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents, any hybrid animal that is part wild, and captive bred species of common cage birds. (Ord. 482, 1-27-2010; amd. Ord. 556, 6-14-2016; Ord. 567, 2-28-2017; Ord. 608, 3-24-2020; Ord. 619, 4-13-2021)