A. Scope: Any dog which, when not physically provoked, attacks as defined, wounds, bites, or otherwise injures any person that results in lacerations, puncture wounds, muscle tears or disfiguration, or requires any sutures, or corrective or cosmetic surgery to a person, or any dog not physically provoked, physically attacks, wounds, bites, threatens to bite or attack, or otherwise injures any person or livestock, poultry, domesticated animals or animals kept in captivity for commercial purposes is vicious. Working dogs, including, but not limited to, guard dogs, police dogs and stock dogs, are exempt from this classification, while performing their specified duties. Once a dog is deemed vicious by the court or by the Sheriff, it shall be unlawful for the owner of the vicious dog to allow the dog to be present outside a secured enclosure unless it is restrained as required by this section.
B. Secured Enclosure: A secured enclosure is one from which the animal cannot escape and for which exit and entry is controlled by the owner of the premises or the owner of the animal. A secure enclosure shall, at a minimum, either be confined indoors in a manner where escape is not possible or outdoors in a locked pen or enclosure designed to keep the animal from escaping and shall have secure sides with a secure top and a concrete floor that is attached to the sides of the pen or structure. All pens or structures must be kept clean and sanitary and must protect the animals from the elements.
C. Leash And Muzzle: The owner of a vicious dog shall not allow the dog to go outside its kennel, pen or structure, unless the dog is muzzled, restrained by a chain or leash not more than four feet (4') in length and under the physical control of an owner. The muzzle must not cause injury to the dog or interfere with its vision or respiration, but must prevent the dog from biting any human or animal.
D. Signage: The owner of a vicious dog shall display in a prominent place on the owner's premises a clearly visible warning sign of two feet by two feet (2' x 2') in dimension indicating that there is a vicious dog on the premises. The sign must be readable from the public highway or thoroughfare and posted at the entrance of the owner's property. The owner shall also display a sign with a symbol warning children of the presence of a vicious dog. Similar signs shall be posted on the dog's kennel, pen and enclosed structure.
E. Insurance: The owner of a vicious dog must provide proof to the City Clerk that the owner has procured public liability insurance of at least five hundred thousand dollars ($500,000.00) insuring the owner for any damage or personal injury which may be caused by his or her vicious dog. If at any time the insurance, as provided herein, is not in effect, the dog may be picked up and placed in protective custody at a place designated by the City. The dog owner is required to have his insurance company notify the City if the insurance expires or lapses. (Ord. 108, 10-4-2006)
F. Inspection Of Premises: The owner of a vicious dog shall contact the Sheriff's Department on an annual basis and shall arrange for an inspection of the premises wherein the vicious dog is confined. The inspection shall deal with the security of the confinement and all other items listed above, including the insurance. The fee for such inspection shall be as established by the City. (Ord. 108, 10-4-2006; amd. 2019 Code)
G. Identification: The owner shall provide front and profile pictures of any animal declared to be vicious, to be kept on file at the Boundary County Sheriff's Office. (Ord. 108, 10-4-2006)
H. Penalty: Persons guilty of a violation of any portion of this section, in addition to any civil liability available and in accordance with law, shall be guilty of a misdemeanor and subject to penalty as provided in Idaho Code section 25-2811. The court may, in the interest of public safety, order the owner to have the vicious dog destroyed or may direct the appropriate authorities to destroy the dog. (Ord. 108, 10-4-2006; amd. 2019 Code)