Parke Gordon Law Firm in Spokane is helping victims of dog bites fight for the compensation deserved. Hayden, Idaho laws for dog bites is as follows. Please check the following link to city ordinances for any updates or changes to the laws: (http://www.sterlingcodifiers.com/codebook/index.php?book_id=597; Title 4, Chapter 3, Animals):
ANIMAL: Any live creature, either domestic or wild, except humans or plants. Animal includes fowl and reptiles, but shall exclude fish.
ANIMAL CONTROL OFFICER: Any employee or agent of the city, designated by the mayor or city administrator to administer and enforce the licensing, inspection and compliance requirements established by this chapter.
ANIMAL NUISANCE: Any nuisance arising out of the keeping, maintaining or owning of, or failure to exercise sufficient control of, an animal or animals.
AT LARGE ANIMAL: An animal, excluding cats, that is off the premises of its owner, or if on the premises of its owner or of another, with permission, is not on a leash or otherwise suitably contained on the premises such that it is under the immediate control of a person physically capable of restraining the animal.
DOMESTIC ANIMAL: Includes dogs, cats, domesticated sheep, horses, pigs, cattle, goats, swine, fowl, nonpoisonous snakes less than three feet (3′) in length, pigeons, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants, and other birds and animals raised and/or maintained in confinement.
GUARD OR ATTACK DOG: A dog trained to attack on command or to protect persons or property.
KENNEL: Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or where four (4) or more dogs, six (6) months or older, are maintained, harbored, possessed, boarded, bred, trained or cared for.
MUZZLE: A device constructed of strong material designed to fasten over the mouth of an animal to prevent the animal from barking or biting.
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 covered by this chapter. An animal shall be deemed to be harbored if it is fed or sheltered by any person or if the person purported to be harboring claims to have custody or responsibility for the care of any animal.
UNDER RESTRAINT: An animal is secured by a leash or lead under the control of a person physically capable of restraining the animal, or securely enclosed within the real property limits of the owner’s premises.
VICIOUS OR DANGEROUS ANIMAL: Any animal that attacks, bites, or physically injures human beings, domestic animals, or livestock without adequate provocation, or which, because of temperament or training, has a known propensity to attack, bite, or physically injure human beings, domestic animals, or livestock. Any wild animal or any animal that without adequate provocation has bitten or attacked a human being or other animal shall be prima facie presumed vicious or dangerous.
- It shall be unlawful for any person to keep any animal on any property located within the corporate limits of the city when the keeping of such animal, or the manner thereof, violates the provisions of this chapter, or when the owner neglects a duty established by this chapter or carries out conduct which this chapter labels as unlawful, or engages in activities, actions or behavior which violates a rule of conduct or requirement of this chapter or which creates a menace to public health or safety so as to create a nuisance to neighboring property owners or the public at large.
- Behavior and/or conditions which violate this chapter shall include, but not be limited to, the following:
- Any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than its owner, to enjoyment of life or property;
- Any animal other than domestic cats found running at large;
- Any animal that makes disturbing or grunting noises, including, but not limited to, continued and repeated howling, barking, whining, or other utterances which cause annoyance, disturbance, or discomfort to reasonable neighbors or reasonable others in close proximity to the premises where the animal is kept or harbored;
- Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored, including neglect on the part of the owner to maintain, clean or otherwise eliminate the waste which results from the containment of an animal;
- Any animal, whether or not on the property of its owner, that without provocation, molests, attacks, bites, menaces or otherwise interferes with the freedom or movement of persons in a public right of way;
- Any animal that chases motor vehicles on a public right of way;
- Any animal that attacks domestic animals;
- Any owner or harborer of animals who causes or allows conditions offensive or dangerous to the public health, safety or welfare by virtue of the number of animals maintained at a single residence or premises or because of the inadequacy of the facilities.
Restraint and Confinement; Generally
- It shall be unlawful for the owner of any animal, except cats, to fail to keep such animal under restraint or permit such animal to run at large upon the streets and public ways of the city or upon private property without consent of the owner or present occupant. It shall be prima facie evidence of a violation of this section when an animal is found by an animal control officer or law enforcement officer while it is away from its owner (or responsible person). (Ord. 330, 11-26-2002)
- Any animal, while on a street, sidewalk, public way, or other public space shall be secured by a leash or chain of sufficient tensile strength to restrain the particular animal and shall be controlled by a person of sufficient age and strength to control the animal. This shall not apply to animals prescribed by a doctor for medical reasons or other properly trained assist dogs. (Ord. 556, 6-14-2016)
- No owner or custodian of any animal shall fail to exercise proper care and control of such animal to prevent the same from becoming a private or public nuisance.
- Every female animal in heat shall be confined in a building or other enclosed area in such a manner that such female animal cannot come into contact with another animal except for planned breeding.
Restraint of Guard Dogs
- Every owner of a guard or attack dog shall keep such dog confined in a building, compartment or other enclosure. Any such enclosure shall be completely surrounded by a fence at least six feet (6′) in height and shall be topped with an anticlimbing device to prevent the animal from exiting the top of the enclosure.
- Such areas of confinement shall all have gates and entrances thereto securely closed and locked, and all fences shall be properly maintained and escape proof. Such premises shall be clearly posted to warn of the presence of guard dogs.
- The provisions of this section shall not apply to dogs owned or controlled by government law enforcement agencies.
Animal Bites; Report Notice
- Any person owning, possessing or harboring any animal that bites any person, any person bitten by such animal, or any physician attending such, shall immediately report the same to the animal control officer or law enforcement officer, but in no case longer than within eight (8) hours of the time of the bite or of learning of the bite, giving his/her full name, age, and address, the circumstances surrounding the bite and the extent of the bite, the medical treatment given and the name and address of the owner or person having custody or possession of the animal. The owner of the animal in question shall release, to the animal control officer or law enforcement officer upon request, all information about the animal needed to complete the investigation. This section shall not apply to veterinarians that are bitten while providing veterinarian services to an animal.
- It shall be the duty of every person having knowledge of the existence of an animal apparently afflicted with rabies to report immediately to the animal control officer the existence and description of such animal, the place where sent, the name of the owner or persons having custody of the animal, if known, and the symptoms suggesting rabies.
Animal Bites; Quarantine Required
No person owning or having custody or possession of any animal shall fail, refuse or neglect to isolate and quarantine an animal that has bitten a human or other animal for at least ten (10) days in such manner as may be specified by the animal control officer or a law enforcement officer or for such period and in such manner as may otherwise be required by a public official with lawful authority.
Vicious Animal; Complaint
Any person reasonably apprehensive over the safety of his person, family or property because of the threatening, predatory, menacing, destructive or vicious actions of any animal may make a complaint to the animal control officer providing such information as the animal control officer requires. Such proceedings may also be initiated by an animal control officer upon information developed in the course of his duties. The animal control officer, after investigation and consultation with the owner or custodian, and upon finding that there is good cause to believe that an animal poses a threat of injury to persons, animals or property, may declare such animal vicious. The owner of such animal shall immediately be notified in writing of the declaration and shall immediately thereafter maintain said animal in an enclosed cage or other secure enclosure as required by this chapter or by the lawful directives of the animal control officer.
Vicious Animal; Appeal
Any owner aggrieved by the classification of his animal as vicious, may request, in writing, a hearing before the city council at the next regularly scheduled meeting at which the appeal request may be accommodated. The request for appeal must be filed with the city clerk within fourteen (14) days of the date on the declaration of the animal as vicious. Notice of any such appeal hearing shall be provided by mail or personal delivery to any complaining party or adjoining property owner at least seven (7) calendar days in advance of the appeal hearing. Subject to procedural rulings by the mayor, any appealing party, as may those opposing such appeal, may present witnesses, evidence, and argument in support of the appeal, and the council shall by a vote of the majority of the members present either affirm or reverse the findings of the animal control officer. The mayor may establish time limits and procedural standards for presentation of any such appeal.
Viciousness Guidelines and Standards
In determining whether or not an animal is vicious, the animal control officer shall be guided by the following:
- Whether or not the animal has bitten or attempted to bite any person or persons;
- Extraneous circumstances surrounding the occasion indicating the temper or potential ferocity of the subject animal; or
- Its general menace to the public or to specific individuals.
- The potential for the animal to attack or menace again.
- The record or history of compliance with animal regulations by the animal’s owner.
- The propensity of the breed of animal, according to documented authority, to display aggressive or vicious characteristics.
- These provisions shall apply to dogs even though the dog in question has been vaccinated and licensed as required by this chapter.
Vicious Animals; Confinement and Supervision
- Every animal declared vicious shall be confined by its owner or authorized agent of its owner within a building or secure enclosure which complies with this chapter. The secure pen or structure must have secure sides and a secure top attached to the sides, or in the alternative to a secure top, the sides must be of such height that the enclosed animal could not, under any foreseeable circumstances in the opinion of the animal control officer, escape by jumping or otherwise. If the pen or structure has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot (1′), or be otherwise designed to prevent any possibility of escape by digging by the animal. All such pens, enclosures or structures must be adequately lighted, be kept clean and in sanitary condition and comply in all respects with applicable zoning and building codes.
- A vicious animal may be temporarily allowed out of said secure enclosure if such freedom from confinement occurs when accompanied at all times by a person large and strong enough to control the animal and if securely muzzled. Every person harboring a vicious animal is charged with an affirmative duty to confine the animal in such a way that children, other than those of the owner, do not have access to such animal and that the animal cannot access others, either adults or children. The pen, enclosure or structure shall be locked and shall have displayed in a prominent place a clearly visible sign, at least eight and one-half inches by eleven inches (81/2” x 11″) in size, in at least two (2) conspicuous locations on the property, indicating that there is a vicious animal on the premises. The owner of a vicious animal shall not suffer or permit the animal to go beyond the premises of the owner unless the animal is caged or securely muzzled and restrained by a chain or leash not more than three feet (3′) in length, and under the physical restraint of a person large enough and strong enough to control the animal. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration, but shall prevent it from biting any human or animal.
- It shall be the duty of the owner of a declared vicious animal to furnish the animal control officer or law enforcement officer with the residence location of said animal unless or until the vicious designation is removed, even if such location is not within the city of Hayden.
- The owner of an animal declared vicious pursuant to this chapter must secure and maintain general liability insurance, in an amount of not less than fifty thousand dollars ($50,000.00), which insures against the liabilities which derive from custody of the vicious animal. Proof of this insurance shall be displayed to any animal control officer or law enforcement officer upon demand. Said insurance shall be obtained within ten (10) days from the date that the animal is declared vicious. Noncompliance with the requirements of this section by any owner of an animal designated as vicious shall constitute a violation of this chapter subject to all penalties or methods of enforcement authorized hereby.
- The owner of an animal declared vicious pursuant to this chapter shall have a microchip inserted into the animal and include in the information associated with that microchip that the animal has been declared vicious. The information regarding the declaration of the animal as a vicious animal shall not be removed or altered until the designation is removed by the city.
Dangerous or Nuisance Animals
Any animal, other than a domestic cat, which has been at large in excess of two (2) times within any twelve (12) month period or which has been at large and has proven menacing or threatening when at large may be declared a nuisance or dangerous, as appropriate, by the animal control officer. An animal may be designated as dangerous even though it has not behaved in a manner severe enough to warrant designation as a vicious animal. Upon making such a declaration, the animal control officer may prescribe the actions which the animal owner must take to abate the nuisance or to protect the public from the menacing characteristics of an animal so designated. Such restrictions may include additional fencing, security measures, repair of containment facilities, additional supervision or other measures intended to address the nuisance or danger involved. Such designation may be applied for a certain designated time frame such that the restrictions serve as a probation for the animal or animal owner in question. Violation of any restrictions set forth in a written order of the animal control officer pursuant to this section shall constitute a violation of this chapter, subject to all penalties and enforcement measures authorized hereby. Upon petition and demonstration of compliance with applicable requirements, the animal control officer may revise the designation of a vicious animal to nuisance or dangerous status if the animal control officer believes that such designation will fulfill the purposes of this chapter. Any decision concerning classification of an animal as a nuisance or dangerous may be appealed by the animal owner in accord with the procedures established in this chapter regarding vicious animals.
Should any animal attack or bite a person or another animal, after the owner or harborer of such animal has been notified that the animal has been declared vicious, dangerous or nuisance, such animal shall be impounded by the animal control officer or law enforcement officer, held for observation and shall not be returned to its owner until the animal control officer can be assured that the insecurity which allowed the animal to go free has been remedied and will remain so. If any declared vicious animal is found at large and cannot be safely taken up and impounded, such animal may be summarily destroyed by any law enforcement officer or animal control officer. Failure to maintain security for vicious, dangerous or nuisance animals shall constitute a violation of this chapter.
Licensing of Dogs
- License Required: No person shall own, keep, or harbor any dog over the age of six (6) months within the city unless such dog is licensed as provided in this chapter.
- Proof Of Rabies Vaccination Required: All owners applying for a license must show to the satisfaction of the licensing authority that the animal for which the license is being obtained has been inoculated against rabies within the last two (2) years.
Penalties: Any owner of a dog over the age of six (6) months who fails to obtain a license within the time period specified in this chapter shall be deemed to have violated this chapter.
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