A. Restraint Requirements: The owner/custodian of any animal convicted of a violation of the dangerous conduct prohibitions set out in this chapter shall complete the requirements of this subsection and subsection B of this section within thirty (30) days of the date of such conviction. Every dangerous animal shall be securely confined by its owner/custodian within a building or secure enclosure as set out herein, and whenever off the premises of its owner/custodian, shall be either caged or securely muzzled and restrained by an adult with a chain or tether having a minimum tensile strength of three hundred (300) pounds and not more than three feet (3') in length, and shall be under the direct control and supervision of the adult owner/custodian of the dangerous animal. Every person harboring a dangerous animal is charged with an affirmative duty to confine the animal in such a way that persons and other animals do not have access to such animal. To be considered secure, a facility must be constructed in a manner capable of containing the animal. It shall be a completed structure with a securely attached roof of durable material which is secured to a foundation or concrete pad, or it shall be a chainlink structure which includes a securely attached roof, and which is embedded into the ground to a depth of no less than one foot (1'). Both the completed structure and the chainlink structure shall be at least six feet (6') in height and shall include a locking mechanism which shall be kept locked at all times the animal is within said facility.
B. Signage: The owner/custodian of a dangerous animal shall display in a prominent place on the premises a clearly visible warning sign indicating that there is a dangerous animal on the premises, with lettering large enough to be read from the adjacent public right of way. A second warning sign must be posted on the facility in which the animal is kept.
C. Compliance Enforcement Authority: Animal services officers are empowered to make whatever inquiry is necessary to ensure compliance with the provisions of this chapter, and may seize and impound any dangerous animal whose owner fails to comply with the provisions of this chapter.
D. Microchip Implantation And Alteration Required: Any person who has been found guilty of or pled guilty to a violation of the dangerous conduct prohibitions set out above shall, within five (5) days of conviction, have a microchip implanted in the animal by a licensed veterinarian or the animal services department, pay all associated costs, and, for work performed by a veterinarian, provide proof to the animal services department that the microchip has been implanted. In addition, the owner or custodian shall have the animal spayed or neutered by a licensed veterinarian and shall provide proof to the animal services department of such alteration within thirty (30) days of the conviction.
E. Notification To Animal Services: The owner/custodian of a dangerous animal shall notify the animal services department within twenty four (24) hours if said dangerous animal is at large, is unconfined, has attacked another animal or a human being, has temporarily or permanently relocated to another address, or has died, been sold or given away. If the dangerous animal has been sold or given away, the owner/custodian shall also provide the animal services department with the name, address and telephone number of the new owner/custodian of the dangerous animal, within twenty four (24) hours.
F. Impoundment: If a dangerous animal whose owner or custodian has previously been found guilty of or pled guilty to a violation of the dangerous conduct prohibitions in this chapter, regardless of the form of the prior or current judgment(s), is alleged to have committed a subsequent violation of section 6.04.050 or 6.04.040 of this chapter or this section, or is found to be at large, the animal services department shall seize and impound the animal until the matter has been adjudicated. The owner/custodian of the animal shall be responsible for all cost of impound fees, medical care, and other expenses for said animal while it is in custody with the Pocatello Animal Shelter, and the owner/custodian shall pay all such impound fees, medical care, and other expenses within five (5) days of the sentencing, or animal services may dispose of the animal, including, but not limited to, adoption or destruction, without further notice to the owner/custodian.
G. Dangerous Animal Registry: The owner of any animal found to be dangerous, by a court of law, shall within forty five (45) days of such finding, obtain a dangerous animal registration certificate from the animal services department for a fee, as set forth in the city's annual fee resolution adopted by the city council, in addition to other fees that may be authorized by law. The animal services department shall also provide the owner with a uniformly designed tag that identifies the animal as dangerous. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. By January 31 of each year, until such time as the dangerous animal is deceased, all certificates obtained pursuant to this subsection shall be updated and renewed for a fee, as set forth in the city's annual fee resolution adopted by the city council, and in the same manner as the initial certificate was obtained. The animal services department shall post registration information on the city of Pocatello dangerous animal registry.
H. Dangerous Animal Registration Certificates: All dangerous animal registration certificates or renewals thereof required to be obtained under this subsection shall only be issued to persons eighteen (18) years of age or older who present satisfactory evidence: 1) of the animal's current rabies vaccination, if applicable; 2) that the animal has been neutered or spayed; and 3) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced in yard until the proper enclosure is constructed. In addition, owners who apply for certificates or renewals thereof under this subsection shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that: 1) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous animal on the property; and 2) the animal has been permanently identified by means of a registered microchip implantation.
I. Cash Bond Required:
1. If any animal is seized under this section or any other section of this chapter, the owner or custodian of said animal shall be liable for the reasonable costs of the seizure and the care, keeping, and disposal of the animal. Reasonable costs shall include, but shall not be limited to, transportation, medical, board, shelter, and farrier costs.
2. If any animal is in the possession of, and being held by the city of Pocatello pending the outcome of a criminal action charging a violation of this chapter, prior to final disposition of the criminal charge, the city of Pocatello may file a petition in the criminal case requesting that the court issue an order forfeiting the animal to the city of Pocatello. The petitioner shall serve a true copy of the petition upon the defendant.
3. Upon receipt of a petition pursuant to subsection I2 of this section, the court shall set a hearing on the petition. The hearing shall be conducted within fourteen (14) days after the filing of the petition. The hearing shall be limited to the question of forfeiture of the animal.
4. At a hearing conducted pursuant to subsection I3 of this section, the petitioner shall have the burden of establishing probable cause to believe that the animal was subjected to conduct which constitutes a violation of this chapter, or that the animal has committed a violation of this chapter. A prior finding of probable cause to proceed on the criminal case will create a permissive presumption that probable cause exists for the forfeiture proceeding. After the hearing, if the court finds probable cause exists, the court shall order immediate forfeiture of the animal to the petitioner, unless the defendant, within seventy two (72) hours of the hearing, posts a cash bond with the municipal treasurer in an amount determined by the court to be sufficient to repay all reasonable care of animal costs incurred, and anticipated to be incurred, for the care of the animal up to the time set for trial on the criminal case. If, after the hearing, the court finds that no probable cause exists, the animal shall be returned to the owner/custodian, and the owner/custodian shall not be responsible for any care of animal costs unless the person later pleads guilty to or is found guilty of a violation of this chapter, at which time the defendant shall owe all care of animal costs as restitution to the city of Pocatello in the criminal case.
5. At the end of the time for which expenses are covered by the cash bond, if the owner/custodian desires to prevent disposition of the animal, the owner/custodian shall post a new cash bond with the municipal treasurer which must be received before the expiration date of the previous cash bond. The court may correct, alter or otherwise adjust the new cash bond upon a motion made before the expiration date of the previous cash bond, provided, however, no person may file more than one motion seeking an adjustment to the new cash bond.
6. If a cash bond has been posted in accordance with this subsection, the city of Pocatello may draw from that cash bond reasonable care of animal costs in keeping and caring for the animal from the date of the seizure to the date of final disposition of the animal in the criminal action.
7. At the end of the time for which care of animal costs are covered by the bond, if no additional cash bond has been posted in accordance with this subsection, the city of Pocatello may determine disposition of the animal. The owner/custodian of the animal shall be liable for all unpaid reasonable care of animal costs. Posting of the cash bond shall not prevent the city of Pocatello from disposing of the seized or impounded animal before the expiration of the period covered by cash bond if the court orders the forfeiture of the animal or the owner relinquishes the animal.
8. Upon resolution of the criminal action, including any appeal(s), regardless of the court's decision of guilt or innocence, remaining funds deposited with the municipal treasurer which have not, and will not be expended for care of animal costs, shall be remitted to the owner/custodian of the animal.
9. Regardless of any other provision of this section, if in the written determination of a licensed veterinarian the animal is experiencing extreme pain or suffering, or is severely injured or diseased and therefore not likely to recover, the animal may be immediately euthanized.
10. No proceeding under this section shall be used as a basis for a continuance or to delay the criminal case nor shall proceedings in the criminal case, other than dismissal, be used as a basis to delay or continue the forfeiture proceeding as provided for in this section. Proceedings under this section are of a civil nature and governed by the Idaho rules of civil procedure except as to limitations upon the discovery process. Due to the need to conduct any proceeding necessary under this section in an expeditious manner and the right of any criminal defendant to avoid self-incrimination, any and all discovery requests shall be granted only under authority of the court. Discovery mechanisms shall not include the deposition of any party, witness, or representative, the use of interrogatories, requests for admission, or the demand to inspect any records outside the immediate reports and financial accountings for the animal in question.
11. "Care of animal costs" include, but are not limited to, costs of transportation, medical care, food, shelter, boarding, impound fees, disposal fees, and farrier fees. (Ord. 2975, 2016: Ord. 2894, 2011: Ord. 2884, 2010)