4-5-6: VICIOUS ANIMALS:
   A.   Definition: An animal of any age, male or female, which, when unprovoked, in a vicious or terrorizing manner, approaches any person in an 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 an animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of persons or domestic animals; or any animal which bites, inflicts injury, assaults or otherwise attacks a person or domestic animal without provocation; or any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting.
   B.   Exceptions:
      1.   Notwithstanding the above definition of a "vicious animal", no animal may be declared vicious if an injury or damage sustained by a person who, at the time of 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 animal; or was committing or attempting to commit a crime.
      2.   No animal 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 person within the immediate vicinity of the animal from an unjustified attack or assault.
   C.   Determination Of Viciousness And Destruction Of Vicious Animals: The city clerk or authorized individual(s) shall capture, impound and may destroy any animal found to be vicious pursuant to the determination of this section. The determination of viciousness and disposal of such animals shall be as follows: (Ord. 196, 5-8-2002)
      1.   Determination Of Vicious Animal:
         a.   Power To Seize And Impound: In the event that the chief of police, animal control officer, or other authorized individuals have probable cause to believe that an animal is vicious, the chief of police, animal control officer, or other authorized individuals are hereby empowered to seize and impound such animal. In the event the owner refuses to surrender the animal to the chief of police, animal control officer, or other authorized individuals, the chief of police, animal control officer, or other authorized individuals may employ any legal means to seize the animal. (Ord. 196, 5-8-2002; amd. 2008 Code)
         b.   Hearing: The mayor shall be empowered to convene a hearing for the purpose of determining whether or not the animal in question should be declared vicious. The city council shall conduct or cause to be conducted an investigation and shall notify the owner of the animal that a hearing will be held, at which time the owner may have the opportunity to present evidence why the animal should not be declared vicious. The city has the burden of proof by a preponderance of the evidence to show the animal is vicious. The hearing shall be held no less than five (5) days nor more than ten (10) days after service of notice upon the owner of the animal. The hearing shall be informal and be open to the public. (Ord. 196, 5-8-2002; amd. Ord. 243, 11-26-2012)
         c.   Notice Of Determination: After the hearing, the owner of the animal shall be notified, in writing, of the determination. The notice of the determination shall be mailed to the owner of the animal with the presumption that the owner of the animal received the notice not more than three (3) days from the date the notice was mailed. (Ord. 196, 5-8-2002)
      2.   Destruction Of Vicious Animal:
         a.   Appeal To Magistrate Court: If the determination is made that the animal is vicious, the animal shall be subject to destruction after ten (10) days from the date the notice of determination of viciousness was mailed to the owner of the animal. If the owner of the animal contests the determination, the owner may, within five (5) days of receiving such determination, bring a petition in magistrate court, in the 4th judicial district, in the state of Idaho, in and for the county of Boise, wherein the animal is owned, praying that the court conducts its own hearing on whether or not the animal should be declared vicious. The petition shall be governed by the Idaho rules of the civil procedure. The city has the burden of proof by a preponderance of the evidence to show the animal is vicious. The destruction of the animal shall be stayed pending the outcome of the appeal. (Ord. 196, 5-8-2002; amd. Ord. 243, 11-26-2012)
         b.   Court Determination:
            (1)   If the court finds that the animal is not "vicious" as defined by this section, such animal may be released into the custody of the owner upon payment to the shelter or animal control officer of the expenses of impounding such animal.
            (2)   If the court finds that the animal is "vicious" as defined by this section, such animal shall be subject to destruction by the Idaho Humane Society, Inc., or other such agency as determined by the mayor.
   D.   Violation; Penalty: Any person who is found guilty of owning, harboring, or has in their possession any vicious animal or animals shall be guilty of a misdemeanor and punished as provided in section 4-5-9 of this chapter. (Ord. 196, 5-8-2002)