Chubbuck Dog Bite Laws
Chubbuck dog bite laws that are relevant to the ownership and control of a dog are as follows. Please check the following link to city ordinances for any updates or changes to the laws: (https://www.sterlingcodifiers.com/codebook/index.php?book_id=632; Chapter 9.20 Animal Control):
ABUSE: A situation in which an animal has been the victim of intentional or negligent conduct resulting in the animal’s bruising, bleeding, malnutrition, dehydration, burns, fractures or breaks of any bones, subdural hematoma, soft tissue swelling, or death.
ANIMAL: Any organism other than human beings needing food to maintain and sustain its life which generally has mobility and a developed central nervous system, and shall include, but not be limited to, “dogs”, “cats” and “livestock” as defined elsewhere in this chapter.
ANIMAL CONTROL OFFICER: Any person designated by the chief of police to carry out the provisions of this chapter.
ANIMAL SHELTER: Any premises designated by the city for the purpose of impounding and caring for animals held under the authority of this chapter.
AT LARGE: To be off the premises of the owner and not under the control of the owner or another person either by leash, cord, chain or as otherwise provided in this chapter.
BUILDING: Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or any walls in which there are no communicating doors, windows or openings, which is designed or intended for the shelter, enclosure or protection of persons, animals, chattels or property of any kind.
CHIEF OF POLICE: The chief of the police department of the city or any other person acting under his orders or direction.
DOG: Any member of the family Canis familiaris.
ENCLOSURE: A fence or structure of at least six feet (6′) in height, suitable to prevent the entry of young children, and to confine an animal in conjunction with other measures which may be taken by the owner. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping.
HARBORING: The keeping of any animal. The occupant of any premises on which an animal remains, or to which it customarily returns daily for food and care for three (3) consecutive days or more, is presumed to be harboring or keeping the animal.
IMPOUNDED: To be taken into the custody of or for delivery to the animal shelter.
KENNEL: Any place other than a veterinary hospital where three (3) or more dogs over four (4) months of age are kept, or where one or more female dogs are kept for breeding and the offspring thereof are sold for profit, or where dogs are received for boarding and care.
LEASH: A cord, thong, leash or chain not more than eight feet (8′) in length by which an animal is controlled by the person accompanying it.
MISUSE: The intentional causing of an animal to perform a noncustomary task which could be dangerous or harmful to the animal.
OFFICER: Any police officer or any person designated by the chief of police as an animal control officer.
OWNER, CUSTODIAN OR KEEPER: Any person, including any firm, association, partnership or corporation, or their agents or persons acting with their permission, owning, keeping or harboring, possessing, caring for or having any custodial duties over any animal.
PET STORE: A business, licensed pursuant to title 5, chapter 5.04 of this code which has as its primary source of revenue the sale of animals.
PREMISES: All of the real property under a person’s or persons’ ownership, lease or control inside the inner line of a sidewalk, or if there is no sidewalk, inside the curb, ditch or shoulder marking the edge of the traveled or used portion of the public right of way. Premises also include the inside of a closed motor vehicle.
SIGN: Any structure which shall be used to attract attention to any object, place, activity, person, animal, or business which shall display or include any letter, word, insignia, device or representation used as, or which is in the nature of an announcement, direction or advertisement. For the purposes of section 9.20.034 of this chapter, the sign shall be material at least twenty four inches by twenty four inches (24″ x 24″) in size, with letters in indelible or fluorescent ink with the words in clear, capital letters as follows: “Vicious Animal On Premises” or “Vicious Dog On Property”, or words of similar meaning; and shall be posted at all visible entryways onto the owner, custodian or keeper’s property.
This definition shall be limited to this chapter and shall not apply to any other chapter of this code or to any uniform code or international code followed by the city.
UNDER CONTROL: Restrained, by means of a leash or enclosure preventing the animal from trespassing upon the property of others or annoying or chasing other persons.
- Any animal which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the animal; or
- Any animal with a known propensity to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or
- Any animal which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation; or
- Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting.
Notwithstanding the definition of a “vicious animal” herein, no animal may be declared vicious if an injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a wilful trespass or other tort upon the premises occupied by the owner of the animal, or was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime.
No animals may be declared vicious if the injury or damage was sustained as a result of teasing, tormenting, abusing or assaulting the animal. No animal may be declared vicious if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault. (Ord. 717, 2012)
The keeping of any dog within the city is hereby forbidden unless the owner, custodian, or keeper or person harboring the dog, shall procure a license from the city for such dog. This provision shall not apply to a dog under four (4) months of age which is part of a litter born to a female dog licensed by the city and owned, kept or harbored by the owner of the property on which the litter is kept, shall not apply to a nonresident keeping a dog within the city for no longer than seven (7) days and shall not apply to a nonresident keeping a dog within the city for no longer than thirty (30) days under special permit to be issued, upon request by the animal control officer. In any prosecution for a violation of this section, the absence of a tag to be appended to a dog, as provided in section 9.20.023 of this chapter, shall be prima facie evidence that the dog has not been legally licensed.
Upon payment of the required license fee and upon proof of required rabies inoculations, the chief of police or the chief’s designee shall issue a license to the person applying therefor, which license shall remain in force until the expiration date for the current year of issue. The chief of police or the chief’s designee shall furnish with such license a metal tag which shall be stamped with a number corresponding to the number of such license and the year for which it is issued. Such tag shall be appended to a collar to be worn by the dog at all times. If a dog tag is lost or destroyed, a duplicate tag shall be issued upon a showing of payment of the license fee for the current year and the payment of one dollar ($1.00) or such fee as from time to time is adopted by resolution of the city council.
Transfer of Ownership
It shall be unlawful for any person to use any license tag for any dog other than the one for which it is issued. If there is a change of ownership of a licensed dog, the new owner shall apply for and obtain a new license.
Registration of Vicious Animal
- No vicious animals shall be allowed within the city after January 1, 1989, unless the owner of such vicious animal annually registers the animal with the city and meets the following requirements:
- The owner shall present to the city clerk proof that the owner, custodian or keeper has procured liability insurance in the amount of no less than five hundred thousand dollars ($500,000.00), covering any damage or injury which may be caused by such vicious animal during the twelve (12) month period following registration which policy shall contain a provision requiring the city to be named as additional insured for the sole purpose of allowing the city clerk to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance.
- The owner shall, at his own expense, have his social security number tattooed upon such vicious animal by a licensed veterinarian or person trained as a tattooist and authorized as such by any state, city or county police department. The tattoo shall be placed either on the upper inner lip, inside ear or inside rear thigh of the vicious animal. The chief of police may, in his discretion, designate the particular location of said tattoo. Said number shall be noted on the city files for such vicious animal. For the purposes of this section “tattoo” shall be defined as any permanent numbering of a vicious animal by means of indelible or permanent ink with the number designated by the licensing authority, or any other permanent, acceptable method of tattooing.
- The owner shall display a “sign” in conformance with section 20.010 of this chapter on his premises warning that there is a vicious animal on the premises. Said sign shall be visible and capable of being read from the public highway.
- The owner shall sign a statement attesting that:
- The owner shall maintain and not voluntarily cancel the liability insurance required by this section during the twelve (12) month period following registration, unless the owner shall cease to own or keep the vicious animal prior to expiration of such license.
- The owner shall, at the time of registration have an enclosure for the vicious animal on the property where the vicious animal will be kept or maintained.
- The owner shall notify the chief of police and the animal control officer within twenty four (24) hours if a vicious animal is on the loose, is unconfined, has attacked another animal or has attacked a human being, or has died or has been sold or given away. If the vicious animal has been sold or given away the owner shall also provide the city clerk with the name, address and telephone number of the new owner of the vicious animal.
- The chief of police, his designee or an animal control officer is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this chapter, and to seize and impound any vicious animal whose owner fails to comply with the provisions hereof. If the owner of the animal refuses to surrender the animal to the police or the animal control officer, the animal control officer may request a police officer to obtain a search warrant from the magistrate of the district court and either may seize the animal upon execution of the warrant.
Animals at Large
The owner, custodian or keeper of any animal which roams, runs or strays away from the premises where the animal is owned, harbored or kept, shall be guilty of an infraction.
The owner, custodian or keeper whose animal does any of the following acts shall be guilty of a misdemeanor:
- Bite or attempt to bite any person.
- Scatter garbage other than that located on the premises of the owner, custodian or keeper.
- Chase any person, vehicle or animal outside of the premises of the owner, custodian or keeper.
- Deposit fecal material on any property not that of its owner, custodian or keeper.
- Bark, howl or otherwise cause noise which disturbs or is likely to disturb the peace and quiet of any person.
- Trespass upon the property of another person.
- Cause property damage or personal injury of any kind other than to the owner, custodian or keeper or the property of the owner, custodian or keeper.
- No person shall keep or harbor, within the city, any “vicious animal” as defined in this chapter, unless the requirements of sections 20.026 and 9.20.034 of this chapter have been met.
- No person shall keep, harbor or maintain any animal within the city in such a manner that the keeping of the same results in a nauseous, foul or offensive condition.
- No owner or custodian of an animal shall fail to provide it with adequate food, water, shelter and necessary veterinary care.
- No person shall beat, cruelly ill treat or abuse any animal.
- No owner of an animal shall abandon the same.
- No person shall through the act or omission, do any of the following specific acts to an animal:
- Abuse or otherwise mistreat; or
- Torture; or
- Misuse; or
- Overload or override; or
- Abandon; or
- Expose to unreasonable danger to health or life.
- No person shall allow an animal to be at large.
- Except where great bodily harm or death is likely to immediately ensue, it shall be unlawful for any person to command, encourage or aid by word or conduct, any animal to bite, chase, attack, or attempt to bite, chase or attack another person or animal.
- No person shall harbor, keep or possess any wild animal as determined by the chief of police and approved by the city council. A listing of prohibited wild animals shall be kept at the city clerk’s office.
- No person shall own or harbor any animal for the purpose of animal fighting, or train, torment, badger, bait or use any animal for the purpose of causing or encouraging said animal to unprovoked attacks upon human beings or domestic animals.
Control of Vicious Animals
- All vicious animals shall be confined in an enclosure. It shall be unlawful for any owner to maintain a vicious animal upon any premises which does not have a locked enclosure.
- It shall be unlawful for any owner to allow any vicious animal to be outside of the dwelling of the owner or outside of the enclosure unless it is necessary for the owner to obtain veterinary care for the vicious animal or to sell or give away the vicious animal or to comply with commands or directions of the police or the animal control officer with respect to the vicious animal, or to comply with the provision of section 20.026 of this chapter. In such event, the vicious animal shall be securely muzzled and restrained with a chain having a minimum tensile strength of three hundred (300) pounds and not exceeding three feet (3′) in length, and shall be under the direct control and supervision of the owner of the vicious animal.
Any dog found without a license and any animal found running at large or in violation of any other provision of this chapter may be impounded and placed in an animal shelter. Any officer taking such action, or receiving an impounded animal shall make a registry of such action, entering the breed, color and sex of such animal and any available license information. If the dog is licensed, an entry shall be made showing the name and address of the owner and the number of the license tag. If the owner is known or may be determined, the officer may, as an alternative, or in addition to impoundment, issue to the owner or keeper of the animal a misdemeanor citation and complaint in the form and manner prescribed by law.
Interference with Impoundment
- No person shall interfere with, hinder, delay or impede a police officer or animal control officer in the enforcement of the provisions of this chapter.
- No person shall falsely represent to any police officer or animal control officer his or her address, nonownership of impounded animals or other information reasonably required by said officer.
Disposition of Dangerous Animals
Whenever it shall reasonably appear to an officer attempting to impound an animal under the provisions of this chapter that such animal is dangerous to other persons and that capture cannot be effected safely and promptly, said officer is authorized to destroy the animal.
Determination of a Vicious Animal
If the chief of police or the animal control officer has probable cause to believe that an animal is vicious, the chief of police or his designee, shall be empowered to convene a hearing for the purpose of determining whether or not the animal in question should be declared vicious. The animal control officer or chief of police shall conduct or cause to be conducted an investigation and shall notify the owner of the animal that a hearing will be held, at which time he may have the opportunity to present evidence why the animal should not be declared vicious. The hearing shall be held promptly within no less than five (5) nor more than ten (10) days after service of notice upon the owner of the animal. The hearing shall be informal and shall be open to the public.
After the hearing, the owner of the animal shall be notified in writing of the determination. If a determination is made that the animal is vicious, the owner shall comply with the provisions of this chapter in accordance with a time schedule established by the chief of police, but in no case more than thirty (30) days subsequent to the date of the determination. If the owner of the animal contests the determination, he may, within five (5) days of such determination, bring a petition in the magistrate court in the sixth judicial district of the state of Idaho, in and for the county of Bannock, wherein the animal is owned, praying that the court conduct its own hearing on whether or not the animal should be declared vicious. After service of notice upon the city the court shall conduct a hearing de novo and make its own determination as to viciousness. Said hearing shall be conducted within fourteen (14) days of the service of the notice upon the city. The issue shall be decided upon the preponderance of the evidence. If the court rules the animal to be vicious, the court may establish a time schedule to ensure compliance with this chapter, but in no case more than thirty (30) days subsequent to the date of the court’s determination.
The court may decide all issues for or against the owner of the animal regardless of the fact that said owner fails to appear at said hearing.
The determination of the magistrate court shall be final and conclusive upon all parties thereto. However, the chief of police or animal control officer shall have the right to declare an animal to be vicious for any subsequent actions of the animal.
If the chief of police or the animal control officer or the designees have probable cause to believe that the animal in question is vicious and may pose a threat of serious harm to human beings or other domestic animals, the animal control officer or law enforcement officer may seize and impound the animal pending the aforesaid hearings. The owner of the animal shall be liable to the city for the costs and expenses of impoundment of such animal.
Any animal which bites any person shall be quarantined for ten (10) days if ordered by the animal control officer. At the discretion of the animal control officer, the quarantine may be on the premises of the owner. The owner shall be responsible for all costs of quarantine. Such animal shall be securely confined within an enclosure from which it cannot escape and which is not accessible to the public. The animal control officer shall maintain a record of every animal which bites a person without provocation.
Action for Damages; Vicious Animal; Civil Penalty
If any vicious animal shall, when unprovoked, kill or wound, or assist in killing or wounding any sheep, lamb, cattle, horse, hog, swine, fowl or other domestic animal, belonging to or in the possession of any person, or shall, when unprovoked, attack, assault, bite or otherwise injure any human being or assist in attacking, assaulting, biting or otherwise injuring any human being while out of or within the enclosure of the owner or keeper of such vicious animal, or while otherwise on or off the property of the owner whether or not such vicious animal was on a leash and securely muzzled or whether the vicious animal escaped without fault of the owner or keeper, the owner or keeper of such animal shall be liable to the person aggrieved as aforesaid, for all damage sustained, to be recovered in a civil action, with costs of suit. It is rebuttably presumed as a matter of law that the owning, keeping or harboring of a vicious animal in violation of this chapter is a nuisance. It shall not be necessary, in order to sustain any such action, to prove that the owner of such vicious animal knew that such vicious animal possessed the propensity to cause such damage or that the vicious animal had a vicious nature. Upon such attack or assault, the police or the animal control officer in the city is hereby empowered to confiscate and destroy such vicious animal, if the conduct of such vicious animal or its owner constituted a violation of the provisions of this chapter, punishable by the confiscation and destruction of the animal.
The provisions of this chapter shall not apply to K-9 or other animals owned by any police department or any law enforcement officer which are used in the performance of law enforcement police work.
Penalties for Violation of Vicious Animal Provisions
- Any vicious animal:
- Which does not have a valid license in accordance with the provisions of this chapter; or
- Whose owner does not secure the liability insurance coverage required in accordance with subsection 20.026A1 of this chapter; or
- Which is not maintained on property with an enclosure; or
- Which shall be outside of either the dwelling of the owner, or an enclosure except as provided in subsection 20.034B of this chapter; or
- Which is not tattooed as provided in subsection 20.026A2 of this chapter, shall be confiscated by the animal control officer and destroyed in an expeditious and humane manner after the expiration of a five (5) day waiting period exclusive of Sundays and holidays. In addition, the owner shall pay a two hundred fifty dollar ($250.00) fine.
- If any vicious animal shall, when unprovoked, kill, wound or worry or assist in killing or wounding any animal described in section 20.062 of this chapter, the owner of said animal shall pay a two hundred fifty dollar ($250.00) fine and the animal control officer is empowered to confiscate and, after the expiration of a five (5) day waiting period exclusive of Sundays and holidays, shall destroy said vicious animal. For each subsequent violation the owner of said animal shall pay a fine of three hundred dollars ($300.00).
- If any vicious animal shall, when unprovoked, attack, assault, wound, bite or otherwise injure or kill a human being, the owner shall pay a three hundred dollar ($300.00) fine.
- No fine and/or tattooing requirement shall be suspended by any court of competent jurisdiction.
Liability of Parents for Damages Caused by Animal Owned by Minor
If the owner of any animal is a minor, the parent or guardian of such minor shall be liable for all injuries, property damages, fines and impoundment fees caused or incurred by said vicious animal.
Dog Bite Lawyer Chubbuck
Dog bites are very serious and usually traumatizing to young children. If you or your child has been bitten by a dog in the Chubbuck area, contact an experienced dog bite injury attorney from Brent Gordon Law Firm. Call our Idaho Falls or Pocatello office today for a free consultation. We can usually tell you over the phone if you have a good case.
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Idaho Falls Law Office
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Pocatello Law Office
Our Pocatello, Idaho law office services clients in and surrounding Pocatello, including for injuries and accidents in Chubbuck. If you are looking for an attorney in the Pocatello area, call our Pocatello office now. Our experienced personal injury attorneys will work hard to get you the compensation you deserve. Call (208) 232-7274 for a free consultation.
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