As used in this chapter, each of the terms defined shall have the meanings given in this section unless a different meaning is clearly required by the context. "Shall" is mandatory, not discretionary.
ABUSE: Any intentional, wilful, or negligent conduct resulting in bruising, bleeding, malnutrition, dehydration, burns, fractures or breaks of any bones, subdural hematoma, soft tissue swelling, or death.
ADULT: Any person eighteen (18) years of age or older.
ALLOW: To forbear or neglect to restrain or prevent, regardless of intent or participation.
ANIMAL: A mammal, bird, reptile, fish or amphibian.
ANIMAL NUISANCE: Any nuisance arising out of the keeping, maintaining or owning of, or failure to exercise sufficient control of an animal.
ANIMAL SERVICES CENTER: Any premises designated by the city for the purpose of impounding and caring for animals held under the authority of this chapter.
ANIMAL SERVICES OFFICER: Any person(s) employed by the city to administer and enforce the licensing, inspection, and enforcement requirements contained within this chapter.
ATTRACTING/ATTRACTANT: Any substance, including but not limited to food, garbage, or salt/mineral/protein lick, which draws wildlife (except those birds and squirrels as identified in section 9.37.020 C).
AT HEEL: A dog is next to a person (no more than 1 foot away in any direction) and obedient to that person's command.
AT LARGE: An animal that is off the premises of the owner, and not on a leash ten feet (10') or less in length, or confined in a motor vehicle. In the case of a dangerous animal "at large" means not confined or leashed as required in section 6.04.060 of this chapter.
BIG GAME: Any wild mammal or potentially habituated mammal listed in the Idaho Big Game Seasons and Rules published annually by IDFG (e.g. mule deer, white-tailed deer, elk, pronghorn, black bear, mountain lion, and wolf) and any IDFG trophy species as identified in the Moose, Bighorn Sheep and Mountain Goat Seasons and Rules published annually by IDFG.
BIRDS: Any non-domesticated species belonging to the Order Aves other than Waterfowl and Wild Turkeys.
COMMERCIAL ANIMAL ESTABLISHMENT: Any place of business for the care of animals, including, but not limited to, the boarding, grooming, breeding, training, or selling of animals.
CRUELTY: Any act or omission whereby unjustifiable physical pain, suffering or death of an animal is caused or permitted, including, but not limited to, 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 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.
CUSTODIAN: Any person having custodial care of an animal by his or her own choice, or at the request of, or with the consent of, the owner of the animal, including, but not limited to, the parent(s) or guardian(s) of a minor child.
DANGEROUS ANIMAL: A. Any animal which, when unprovoked by teasing, taunting, or a threatening manner by any person, approaches said person in an apparent attitude of attack upon the streets, sidewalks, public grounds or places, common areas within subdivisions or mobile home or recreational vehicle parks, common grounds of apartment buildings, condominiums, or townhouse developments, or private property not solely owned or possessed by the owner or custodian of the animal.
B. Any animal with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise endanger the safety of human beings or domestic animals or livestock; or
C. Any animal which bites, inflicts injury, assaults, or otherwise attacks a human being or domestic animal or livestock without justifiable provocation; or
D. Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting; or
E. Any dog which has been trained as an attack dog, except dogs used by law enforcement agencies.
Exceptions: An animal will not be considered dangerous if it engages in any of the above listed actions toward a person or animal that is either: a) committing a trespass or other tort upon the premises of the animal's owner or custodian, or b) committing a crime against the animal's owner or custodian. An animal will not be considered dangerous if any of the above actions occur when the animal is being teased, tormented, or abused, or if the actions were in reaction to either a crime committed by a person or an attempt by the person to commit a crime.
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 or removal of an animal from any pet shop to any other location.
DOG PARK: A defined area set aside for dogs which have not been convicted of being dangerous as defined in this section to exercise and play off leash in a controlled environment under the supervision of their owners/custodians, and subject to posted rules and to the provisions of this code.
EDIBLE MATERIAL: Any human or animal food, food bi-product, salt/mineral/protein lick, organic material, refuse, or garbage.
FEEDING/FEED: A substance composed of grain, mineral, protein, salt, fruit, vegetable, hay, or any other food material or combination of these edible materials, whether natural or manufactured, tended, deposited, or distributed in an area frequented and consumed by wildlife (except those birds and squirrels as identified in section 9.37.020 C).
HABITUATED: Any wildlife relatively accustomed to eating, resting, birthing, defecating, and otherwise living within city limits - outside of their normally wild habitat. Habituated wildlife may actually cease exhibiting some typical behaviors for that species (e.g. resident deer which do not migrate, mountain lions which den under human structures like porches, etc.).
IMPOUNDMENT: The taking into custody of an animal by any person, police officer, animal services officer, or any authorized representative thereof.
LIVESTOCK, LARGE: Including, but not limited to, cows, sheep, horses, goats, pigs, hogs, llamas, camels, donkeys, burros, and mules, or any other similar animals whose mature size is approximately that of those set out herein.
LIVESTOCK, SMALL: Including, but not limited to, rabbits, ducks, chickens, pigeons, pheasants, peacocks, or other rare birds, or any other type of fowl or poultry.
MISUSE: The wilful or intentional causing of an animal to perform a noncustomary task, excepting those tasks and actions required of dogs used by law enforcement agencies, which could be dangerous or harmful to the animal or to any person.
MULTIPLE ANIMAL HOUSING: Any premises or portion thereof where three (3) or more dogs, or more than five (5) cats, over the age of three (3) months, are kept or harbored solely for the hobby of the owner or tenant of the premises, without any pecuniary gain.
MUZZLE: A device constructed of strong, soft material or of metal, designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal.
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 for five (5) or more consecutive days, or whose child, or other person over whom guardianship is exercised, who resides with said person, so harbors or keeps an animal.
PUBLIC EMPLOYEE: Any State or City Employee or certified Peace Officer appointed to carry out and enforce each entity's respective ordinances.
PUBLIC NUISANCE ANIMAL: Any animal that unreasonably annoys humans, endangers the life or health of a person or another animal, or substantially interferes with the rights of a person, other than its owner/custodian, to enjoyment of life or property.
RESEARCH FACILITY: Any college, university, or other research institution which uses live animals in research, tests, or experiments.
TREE SQUIRRELS: Any of the commonly found squirrel species (native or non-native) within Pocatello City limits which are typically associated with native habitats or urban landscapes. Ex. Red Squirrel, Eastern Fox Squirrel, Eastern Gray Squirrel, etc.
WATERFOWL: Any wild or habituated migratory bird species of the taxonomic Order Anseriformes, Family Anatidae (ducks, geese, swans).
WILD TURKEY: Those species or subspecies of turkey as identified in the Upland Game, Furbearer, and Turkey Seasons and Rules.
WILDLIFE: Any species of non-domesticated animals, such as: deer, moose, elk, pronghorn, black bear, mountain lion, wolf, coyote, fox, raccoon, skunk, wild turkey, waterfowl, etc. Birds (other than Wild Turkeys and Waterfowl) and tree squirrels are not considered wildlife under the definitions of this chapter. (Ord. 3059, 2020; Ord. 2975, 2016: Ord. 2963, 2015: Ord. 2908, 2012: Ord. 2884, 2010: Ord. 2667 § 2, 2001)