It shall be unlawful for any person to keep or harbor a vicious animal or dog without first complying with the following:
A. No "owner", as defined in section 6.08.010 of this chapter, of a vicious dog shall suffer or permit such animal to go unconfined on the premises of such person.
B. No "owner", as defined in section 6.08.010 of this chapter, shall suffer or permit such dog to go beyond the premises of such person unless such dog is securely leashed and muzzled. When on leash, the leash shall consist of a short high tensile strength material with a maximum length of three feet (3') (0.9144 m). A vicious dog shall not be required to be muzzled when shown either in a sanctioned American Kennel Club or United Kennel Club show.
C. Obtain a city dog license as required in section 6.08.020 of this chapter. Whenever any person applies for and is granted a license to maintain a vicious dog, the application is permission from the applicant for the chief of police, or his designee, to make whatever inquiry is deemed necessary, including, but not limited to, entry onto the applicant's property to ensure ongoing compliance with all provisions of this chapter. Any entry shall be limited to the purpose of compliance inspections of the licensed premises and the licensed animal, and will be made in the presence of the owner whenever practical.
D. Register the dog with the city police department in accordance with this chapter.
E. All owners, keepers or harborers of vicious dogs must, within ten (10) days of the effective date hereof, provide to the police department two (2) color photographs of the registered animal clearly showing the color and approximate size of the animal.
F. The owner of the vicious dog shall keep current the license for such vicious dog through annual renewal. Such license is not transferable and shall be renewable only by the holder of the license or by an immediate family member of the holder of such license. A vicious dog license tag will be issued to the owner at the time of issuance of the license. Such license tag, along with the current rabies tag, shall be attached to the vicious dog by means of a secure collar or harness, and shall not be attached to any vicious dog other than the vicious dog for which the license was issued. If the vicious dog tag is lost or destroyed, a duplicate tag may be issued upon the payment of a fee as stated in this chapter. The owner must be at least twenty one (21) years of age as of the license issuance date.
G. The owner shall present to the chief of police proof that the owner has procured liability insurance with an insurer authorized to write liability insurance in the state of Idaho providing coverage in each occurrence in the amount of at least one million dollars ($1,000,000.00) covering any damage or injury that may be caused by a vicious dog during the twelve (12) month period covered by the vicious dog license. This policy shall include the city of Payette as an additional insured, with minimum limits of coverage of one million dollars ($1,000,000.00), and shall have the effect of saving harmless and defending the city of Payette and its officers, agents and employees from all suits, claims, demands or actions at law or in equity arising directly or indirectly as the result of injury to persons or damage to property occasioned by the maintenance of the vicious dog by the owner. The policy shall contain a provision requiring the insurance company to provide written notice to the chief of police not less than fifteen (15) days prior to any cancellation, termination, or expiration of the policy.
H. The owner shall, at the owner's own expense, have the vicious dog spayed or neutered, and shall present to the chief of police documentary proof from a licensed veterinarian that this sterilization procedure has been performed.
I. The owner shall bring the vicious dog to a duly licensed veterinarian and shall cause a microchip ID tag (such as the Avid microchip) to be placed in the vicious dog. Certification of this procedure, along with the microchip ID number shall be provided to the chief of police. Vicious dogs that have previously had a microchip ID tag placed in them shall have that chip verified by a duly licensed veterinarian and provide the microchip ID number to the chief of police. Vicious dogs bearing identification tattoos are not exempt from the microchip provision. The chief of police shall maintain a file containing the microchip ID numbers and names of the vicious dogs and names and addresses of the owners. The owner shall immediately notify the chief of police of any change of address.
J. At all times when a vicious dog is at the property of the owner, the owner shall keep the vicious dog "confined", as that term is defined in section 6.08.010 of this chapter. At all times when a vicious dog is away from the property of the owner, the owner shall keep the vicious dog either securely leashed and muzzled or in a "secure temporary enclosure", as that term is defined in section 6.08.010 of this chapter.
K. The owner shall not sell or otherwise transfer the vicious dog to any person except a member of the owner's immediate family who will then become the owner and will be subject to all of the provisions of this section. The owner shall notify the chief of police within five (5) days in the event that the vicious dog is lost, stolen, dies, or has a litter. In the event of a litter, the owner must deliver the puppies to the Payette animal shelter for destruction, or permanently remove the puppies from Payette and provide sufficient evidence of such removal, by the time the puppies are weaned, but in no event shall the owner be allowed to keep in Payette a vicious dog puppy born after the date of publication of the ordinance codified herein that is more than eight (8) weeks old. Any vicious dog puppies kept contrary to the provisions of this subsection are subject to immediate impoundment and disposal pursuant to this chapter.
L. The owner shall have posted, at each possible entrance to the owner's property where the vicious dog is kept, a conspicuous and clearly legible vicious dog sign. Such vicious dog sign must be at least eight inches by ten inches (8" x 10") in rectangular dimensions and shall contain only the words "VICIOUS DOG" in lettering not less than two inches (2") in height.
M. Exceptions:
1. Any member of the city of Payette police department, ordinance officer, or other city official, may temporarily harbor and transport any vicious dog for purposes of enforcing the provisions of this chapter.
2. Any humane society operating an animal shelter which is registered and licensed by the city may temporarily hold any vicious dog that it has received or otherwise recovered, but only for so long as it takes to contact the city of Payette police department or ordinance officer and either turn the vicious dog over to these employees or receive permission to destroy or have destroyed the vicious dog pursuant to the provisions of section 6.08.108 of this chapter. (Ord. 1427, 2017)