5-1-3: DEFINITIONS:
As used in this chapter, unless the context otherwise indicates:
ABANDON: For any person to desert an animal in their custody or possession of the owner without making reasonable arrangements for its proper care, sustenance and shelter.
ABATEMENT: The termination of any violation by reasonable and lawful means determined by the mayor or his designee in order that an owner, or a person presumed to be the owner, shall comply with this chapter.
ADULT DOG OR CAT: Any dog or cat more than six (6) months of age.
ANIMAL: Any living vertebrate creature except human being.
ANIMAL CONTROL OFFICER: Any individual employed, contracted or appointed by the mayor for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensing of animals, control of animals or seizure and impoundment of animals, and includes any state or municipal police officer, sheriff, constable or other employee whose duties in whole or in part include assignments that involve the seizure and taking into custody of animals.
AT LARGE: Any animal being on public or private property without the permission of the person who owns, or has a right to possess or use the property, or in any other place or condition which presents substantial risk to animal or public health, safety or welfare. "At large" shall also mean any dog unrestrained by a leash on either public or private property other than the property of the owner or without permission of the property owner.
ATTACK: Biting, attempted biting, infliction of severe injury, or aggressively pursuing with the ability to bite or injure a person.
CITY CLERK: The Priest River city clerk or designated appointee of the city clerk.
CONFINEMENT: A confining structure, used usually to confine an animal deemed a vicious animal, which meets the following criteria: The structure must have secure sides and a secure top attached to the sides. If the structure has no bottom secured to the sides, the sides must be embedded to the ground no less than one foot (1'). All such structures must be adequately lighted and kept in a clean and sanitary condition.
DEPARTMENT: The Priest River animal control department, its agents, or other persons designated by the mayor.
DOMESTICATED ANIMAL: Those domestic beasts such as any dog or cat (not running at large).
EUTHANASIA: The humane destruction of an animal, accomplished by a method involves instantaneous unconsciousness and immediate death of an animal, or by a method that causes painless loss of consciousness, and death during such loss of consciousness.
EXOTIC: Any nondomestic animal such as lions, tigers, monkeys, snakes, etc.
GROOMING PARLOR: Any place or establishment, public or private, where animals are bathed, clipped or combed for any consideration, for the purpose of enhancing their aesthetic value.
GUIDE DOG: A dog that has been properly identified as being from a recognized school for seeing eye, hearing ear or guide dogs, and the dog is properly harnessed or leashed so that a blind, physically disabled or hearing impaired person may maintain control of the dog, and the dog has attached to its harness or collar a special brightly colored fluorescent tag issued by the commission for the blind and visually impaired under the provisions of Idaho Code 67-5407. A "guide dog for the physically disabled" means any dog individually trained to the physically participant's requirements including, but not limited to, minimal protection work, rescue work, pulling a wheelchair or fetching dropped items.
HOUSE PET: A dog or a cat or other similar animal of a type customarily used for a pet of an individual or family, except for potbellied swine.
KEEP: Is interchangeable with harbor and means possessing, controlling, exercising, maintaining or allowing to run at large.
KENNEL: Any lot, building, enclosure or premises wherein four (4) or more canines or felines or any combination thereof three (3) months of age or over are kept.
LEASH: Any rope, chain, leather strap, or any other material not exceeding six feet (6') in length, being held in the hand of a person capable of controlling and actually controlling the animal to which it is attached.
LIVESTOCK: Any domestic animal except a house pet.
NUISANCE ANIMAL: Any domesticated animal or feral cat of any age, male or female, which molests passersby or passing vehicles, trespasses onto property not owned by the animal's owner, is repeatedly at large, damages private or public property, or emits sound in an excessive, or continuous fashion. It is unlawful for any animal owner to allow any domesticated animal or feral cat to unreasonably disturb others by frequently barking, yelping, howling or making other noises or disturbing the peace of other citizens. The continual noise of the domesticated animal or feral cat shall not be unreasonably audible off the property where the domesticated animal or feral cat is kept nor shall it be of such consistency and volume or at such time as to be likely to annoy a reasonable person on the adjoining property or elsewhere in the city.
OWNER: Any person owning, keeping, harboring or responsible for one or more animals. An animal shall be deemed to be kept or harbored if it is fed or sheltered for three (3) consecutive days.
PERSON: Any person, persons, firm, association or corporation owning, keeping or harboring an animal.
PET SHOP: A person or establishment that acquires animals bred by others and/or supplies whether as owner, agent, or on consignment, sells offers to sell such animals and/or supplies to the public.
POTENTIALLY DANGEROUS ANIMAL: An animal acts like a vicious animal, but has not bitten or injured a person.
POTENTIALLY VICIOUS ANIMAL: Any animal that when unprovoked:
   A.   Inflicts bites on a human or a domestic animal either on public or private property, but no skin is broken; or
   B.   Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or
   C.   Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or otherwise threaten the safety of humans or domestic animals.
PREMISES: All real property under one ownership inside the inner line of a sidewalk, or if there is no sidewalk, inside the curb, ditch, or shoulder making the edge of the used public right of way. "Premises" shall also be intended to mean the inside of a closed motor vehicle.
RABIES TAG: A piece of metal or other durable material, inscribed with a date and number, which has been issued by a veterinarian, as evidence that the dog has been vaccinated for rabies.
RUNNING AT LARGE: To be off the premises of the owner and not under the control of the owner or competent person authorized by the owner, either by leash or other means.
SHELTER: A facility which is used to house or contain stray, homeless, abandoned, or unwanted animals and which is owned, operated, or maintained by a public body, or established humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit agency devoted to the welfare, protection and humane treatment of animals.
UNCONFINED: An animal, which has been deemed to be a vicious animal, that is not securely confined indoors or confined in a securely enclosed and locked confinement structure upon the premises of the owner of the dog.
VICIOUS ANIMAL: Any animal which, because of its physical nature or vicious propensity, is capable of inflicting serious physical harm or death to humans and which would constitute a danger to human life or property if it were not kept in the manner required by this chapter; or
   A.   Has twice, within a forty eight (48) month period and without provocation bitten, attacked or otherwise caused injury to a person engaged in lawful activity; or
   B.   Has once, without provocation, attacked or bitten a person engaged in a lawful activity, causing death or severe injury;
   C.   Any animal owned or harbored primarily or in part for the purpose of animal fighting or any animal trained for animal fighting. (Ord. 563, 4-21-2014)