CONFINED: Keeping an animal within a secure enclosure or pen that cannot be opened by any person other than the owner or with the owner's assistance or consent and from which an animal cannot escape.
GUARD DOG: Any dog trained or used to protect persons or property by attacking or threatening to attack any person found within the area patrolled by the dog and that is either securely enclosed within that area at all times or under the continuous control of a trained handler.
IMMEDIATE FAMILY: For purposes of this chapter, includes the owner's spouse, child, parent or sibling.
MUZZLE: For purposes of this chapter, shall mean a restraining device made of metal, plastic, leather, cloth or a combination of these materials that, when fitted and fastened over a snout/mouth/head, prevents the dog from biting but allows room for the dog to breathe and pant. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.
ORDINANCE OFFICER: That person employed by the city of Payette who has as their primary responsibility the enforcement of all city ordinances including all animal control ordinances.
OWNER: Any person who owns, possesses, keeps, exercises control over, maintains, harbors, feeds, waters, transports, or sells an animal or one who assists another in possession, sale, transport, harboring, feeding, watering or maintenance thereof. An owner need not have any pecuniary, proprietary or economic interest in a dog.
SECURE PEN OR ENCLOSURE: A six (6) sided structure designed to prevent entry of a child or escape of a vicious dog. Such pen or structure must have minimum dimensions of five feet by ten feet (5' x 10') per animal housed within and must have secure chainlink sides, a secure top and a secure bottom. At a minimum, a pen or structure must have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides must be embedded in the ground no less than two feet (2'). The enclosure must provide protection from the elements for the animal. All structures erected to house a vicious dog must comply with all zoning and building regulations of the City and shall be kept in a clean and sanitary condition. The gate of the pen or enclosure shall be secured with a keyed or combination lock. All such structures shall be constructed in such a manner, and of such materials, as approved by the Payette City building inspector and the Chief of Police or his appointed representative. A certificate of inspection of the structures shall be made a part of that animal's file at the Payette Police Department.
SECURE TEMPORARY ENCLOSURE: A secure temporary enclosure used for purposes of transporting a vicious dog, and which includes a top and bottom permanently attached to the sides except for a door for removal of the animal. Such enclosure shall be of such material and construction and secured with a keyed or combination lock that when the door is closed the animal cannot exit the enclosure on its own.
VICIOUS ANIMAL: Any animal, other than a "vicious dog", that, without intentional provocation, bites or attacks humans or other animals; or in a vicious or terrorizing manner approaches any person in an apparent attitude of attack, whether or not the attack is consummated or is capable of being consummated.
VICIOUS DOG: A. Means any dog:
1. While at large, menaces, chases, causes injury, kills, displays threatening or aggressive behavior or otherwise endangers the safety of human beings, domestic animals, or livestock; or
2. Although not at large, bites or causes physical injury to any domestic animal or livestock or person; or
3. Which is kept with the intention of using its size, manner, disposition, training, or breeding to instill fear in others; or
4. Which is bred, trained, owned, possessed, or kept for the purpose of dogfighting; or
5. Which is used as a weapon in the commission of a crime.
B. A vicious dog is "unconfined", as the term is used in this chapter, if such dog is not confined in a secure pen or enclosure upon the premises of the person in possession of such dog.
C. A "vicious dog" shall not include the following:
1. A police dog that is being used to assist one or more law enforcement officers in the performance of their duties.
2. A dog, when at the time an injury or damage to any domestic animal or livestock or person was sustained, the precipitating cause constituted justified provocation as described in section 25-2810(3), Idaho Code. (Ord. 1427, 2017)