Dog Bite Laws in Blackfoot
If you or your child have been injured by a dog and the dog bite occurred in Blackfoot, the following are the dog bite laws for Blackfoot, Idaho. 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=960; Title 6, Chapter 2, Animal Control):
As used in this chapter, the following terms shall be defined as in this section provided:
ABANDONMENT: It shall be unlawful for any owner of an animal or his agent to abandon said animal within the city limits. Abandonment means the desertion of said animal for more than thirty six (36) hours.
ANIMAL: Every domesticated and tame living creature, except members of the human race.
AT LARGE: Off the property of the owner and off the leash, cord, chain or effective control of a responsible person.
CONFINED: The dog is restricted to the property of the owner by leash, cord, chain or fence barrier.
CRUELTY TO ANIMALS: See section 6-2-13 of this chapter.
DOG: Includes both male and female member of the canine family over the age of six (6) months.
OWNER: Any person owning, keeping or harboring a dog or otherwise responsible for such animal.
VETERINARIAN: A graduate doctor of veterinary medicine licensed to practice in the state of Idaho.
- Any animal which, when unprovoked by teasing, taunting, or a threatening manner by any person, approaches said person in an apparent or perceived 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; or
- 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
- Any animal that bites, inflicts injury, assaults, or otherwise attacks a human being or domestic animal or livestock without justifiable provocation; or
- Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting; or
- Any dog that has been trained as an attack dog, except dogs used by law enforcement agencies.
Animal Control Officer
The chief of police shall appoint an animal control officer who shall, under the direction of the chief of police, have the authority to enforce the provisions of this chapter.
It shall be unlawful for any person to:
- Hinder, or interfere with in any manner, the animal control officer while enforcing any of the provisions of this chapter, or
- Recover or attempt to recover possession of any impounded animal, in any manner contrary to the provisions of this chapter. (2003 Code § 6-02-02)
License Required; Tag; Fees
It shall be unlawful for any person to own, harbor, keep or possess a dog which is more than twelve (12) weeks of age within the city without first procuring a license therefor as provided by this chapter; provided, however, that the provisions of this chapter shall not apply to any person visiting in the city for a period not exceeding thirty (30) days, and owning or possessing a dog currently licensed, and bearing the license issued by another municipality or other licensing authority.
Collar; Tag: Every dog shall at all times wear a substantial, durable collar, to which shall be securely attached the required license tag.
License Fees; Expiration
- License Term: All dog licenses within the city shall be valid only in the calendar year issued and shall expire December 31 of that year. (2003 Code § 6-02-03)
- License Fee: The owner or person having charge of any dog, except as provided in this chapter, shall make application to the city for a dog license and pay an animal license fee in such amount as established by resolution of the city council.
- Microchip Fee: The city will place an identifying microchip into a dog upon the request of the owner for a fee in such amount as established by resolution of the city council.
- License Fee For Microchipped Dog: The licensing fee for a spayed or neutered dog that has been implanted with an identifying microchip by the city shall be waived. The licensing fee for a nonspayed or nonneutered dog that has been implanted with an identifying microchip shall be in such amount as established by resolution of the city council.
- Lost Tags; Fee: A charge in such amount as established by resolution of the city council shall be made for each lost license tag reissued by the city. (2003 Code § 6-02-03; amd. 2012 Code)
- Certificate Of Neuter Required: A certificate of neuter or spay issued by a veterinarian or the Idaho Humane Society shall be required to be present at the time the license is applied for in order to secure the license rate for a neutered or spayed dog.
- Exception To License Fee: Any dog owned and used by a blind, visually or hearing impaired person and used as a seeing eye or hearing ear dog or guide dogs in training, shall be licensed annually at no cost to the owner and user of the dog. To qualify under this exception, the owner and user of the dog must be medically certified as having a visual or hearing impairment by a licensed medical doctor. (2003 Code § 6-02-03)
The owners of all dogs that are required to be licensed under this chapter shall present to the city licensing department, prior to being issued a dog license, a valid rabies vaccination certificate issued by a licensed veterinarian.
A rabies certificate shall be considered valid within the following guidelines:
- Within one year from the date of issue when the dog vaccinated was less than one year old.
- Within three (3) years from the date of issue when the dog vaccinated was one or more years of age. (2003 Code § 6-02-04)
Imitation License Tags
It shall be unlawful for any person to allow any dog owned, kept or harbored by him to wear a license tag issued for another dog or to wear any imitation of the license tag issued by the city for that year, or any tag marked on plate or collar similar to that required by the city at the time and calculated to deceive. (2003 Code § 6-02-05)
No person or establishment may at any one time own, possess, maintain, harbor, care for, or license more than two (2) dogs and five (5) cats at any single location within the jurisdiction of this chapter unless such person or establishment obtains a kennel license pursuant to title 11 of this code. This provision shall not apply to a litter of puppies or a litter of kittens under six (6) months of age and kept and housed with the mother. (Ord. 2109, 10-2-2012, eff. 10-2-2012)
Restraint and Confinement by Owner/Custodian
Dog At Large Prohibited
It is unlawful for any owner/custodian to fail to keep any dog under restraint or to permit such animal to be at large upon the streets and public ways of the city or on public or private property without the consent of the owner of the property, unless the dog is under the control of a person holding a leash no longer than ten feet (10′), securely attached to the animal and of sufficient tensile strength to restrain it, or unless the dog is confined in a motor vehicle in such a manner that neither its claws nor its teeth can extend beyond the exterior of the vehicle. Any dog found at large may be impounded as provided in this chapter.
Location Of Dog Runs Or Kennels
No person shall maintain or construct any dog run within thirty feet (30′) of the residence of any neighboring property.
Animals In Public Buildings Or Common Carriers
It is unlawful for a person to permit, allow, keep or carry any animal in, upon or within a common carrier, public transportation facility or any other public building or facility, particularly a building or facility in which food or drink is prepared or stored, except that persons with disabilities shall not be denied the use of any common carrier or public transportation facility or admittance to any cafe or any other public building or place by reason of his being accompanied by a seeing eye or guide dog or other “assistive animal” specially trained for such purpose. (2003 Code § 6-02-07)
Any person who violates this section for the first time in a one year period shall be guilty of a city code violation and shall pay a penalty of fifty dollars ($50.00) to the city clerk. Such penalty shall be paid in accordance with section 1-4-6 et seq. of this code. Any person who violates this section a second or subsequent time within the one year period shall be guilty of a misdemeanor, subject to penalty as provided in title 1, chapter 4 of this code. (2003 Code § 6-02-07; amd. 2012 Code)
Multiple Running At Large Violations
After the conviction of an owner or custodian for allowing his animal to become a nuisance for more than two (2) running at large violations, as part of the sentencing, the prosecuting attorney shall request an order from the court requiring the owner or custodian to have the animal neutered or spayed by a licensed veterinarian and provide proof to the court and the animal control department of such alteration within thirty (30) days of sentencing. (2003 Code § 6-02-07)
Impoundment By Property Owner
Any person finding an animal at large upon his property may impound the animal and may take it immediately to the animal shelter or shall immediately notify personnel at the animal shelter that he is holding the animal in his own possession and provide a description of the animal and the name of the animal’s owner, if known. The animal control officer will impound the animal at the first reasonable opportunity to do so. If the name of the owner/custodian is known or can be easily obtained, the officer may return the animal to the residential address of the owner. If there is no one present, the officer may impound the animal and shall leave written notice at the residence of the person or place to contact to reclaim the animal. The animal control officer shall then take the animal to the animal shelter for confinement.
Impoundment By Officers
In addition to any other remedies provided in this chapter, animal control officers and police officer are authorized to impound and confine at the animal shelter any of the following animals:
- Any dog without a valid license tag.
- Any animal at large.
- Any animal that is in violation of any quarantine or confinement order.
- Any unattended animal that is ill, injured or otherwise in need of care. Upon determination by any animal shelter staff, police officer or veterinarian that the injury or illness is untreatable, the animal may be euthanized by the officer or veterinarian without regard to the waiting period set out subsection C2 of this section. Costs of medical care or euthanasia shall be borne by the owner/custodian.
- Any animal that is reasonably believed to have been abused or neglected.
- Any animal that is reasonably suspected of having rabies.
- Any animal that is reasonably believed to be dangerous or a threat to public health and safety.
- Any animal that a court of competent jurisdiction has ordered impounded or destroyed.
- Any animal that is considered unattended or abandoned, e.g., due to the owner’s death, arrest or eviction from his or her residence, and there is no sign of care for the animal.
- Any dog found running at large contrary to the provisions of this chapter may be apprehended by any designated city official and shall be impounded or delivered to its owner if such owner is known; provided, however, that if any dangerous or vicious dog so found at large cannot be safely taken up and impounded, such dog may be disposed of in a humane manner.
Terms Of Impoundment And Redemption Or Other Disposition
- The animal shelter shall provide suitable and adequate food and water for all animals impounded.
- Any animal not reclaimed by its owner within five (5) working days shall become the property of the city and shall be placed for adoption or euthanized in a humane manner. The chief of police or animal control officer may refuse to allow adoption to any person who has pled guilty or been convicted of a violation of this chapter. Appeal of denial may be made in writing within three (3) calendar days to the city council. Specific animals shall not be held at the center pending the city council’s decision, but may be adopted by other persons or euthanized as provided above. The city council shall hear the appeal at the next available regularly scheduled meeting and may either affirm or reverse the denial. If the denial is reversed, the person may adopt any animal that is available after the city council’s decision. The city may, in its discretion, contract the services of the Humane Society or other organization to manage and consummate adoptions.
- If the name of the owner is readily available through license records, the animal shelter staff shall attempt to notify the owner by telephone or mail or by hand delivery or a notice, or by notice attached to the door of the residence of the animal’s impoundment, providing the deadline for reclaiming the animal, the conditions under which the animal may be redeemed, including a detailing of the costs of confinement, and the consequences of failure to redeem by the deadline.
- The animal shelter shall keep a record of all animals impounded which shall include a description of the animal, date of impoundment, date of notification of impoundment, method of notification, date of redemption, and record of fees paid or date of other disposition. In the case of adoption, the record shall include the name, address and phone number of the person buying or adopting the animal.
- Redemption shall be made by providing satisfactory proof of ownership and paying the required fees and charges, including, but not limited to, impoundment fees, daily care fees, any required license fees, and medical costs. All such fees, with the exception of medical costs, shall be set from time to time by resolution of the City Council. Copies of such resolutions shall be kept on file and made available in the Office of the City Clerk. (2003 Code § 6-02-08)
Impoundment Of Vicious Dogs Pending Court Proceedings
- If the Police Chief, animal control officer, or their designee, determines that a vicious animal needs to be impounded for the protection of the public health and safety pending the outcome of any court proceeding, then the owner or custodian of the animal shall prepay the impound fee and the anticipated daily cost of care and feeding of the animal. If there is no room at the animal shelter to care for a vicious animal pending outcome of the court proceeding, the City may impound the animal at a private boarding facility with the cost of such boarding facility being paid by the owner/custodian of the animal. (Ord. 2171, 10-2-2018)
- In the event that the owner or custodian fails or refuses to pay the fees and costs charged or incurred by the City to keep the animal pending outcome of court proceedings, the animal control officer shall give written notice to the owner or custodian of the animal of the City’s intent to destroy the animal within five (5) days. In such event, the animal shall not be destroyed if its owner, or other person seeking to claim it, files with the City Clerk, during the five (5) day period, a written request that such destruction be postponed pending review by the City Council. Such written request shall be accompanied by payment in the amount which would be required by the time of the meeting in order to claim the animal as provided herein.
- When such request and payment have been made, the animal shall not be destroyed pending a hearing by the City Council. When the hearing is conducted, the person making the request must appear and show good cause why he should be allowed to claim the animal and how he will care for it in order to avoid further violations of the provisions of this chapter pending outcome of the court proceeding. Following the hearing, the City Council shall determine whether the animal shall be returned to the owner/custodian pending outcome of the court proceeding and what conditions shall apply, whether the animal should be kept at the animal shelter pending outcome of the court proceeding and how much fees and costs shall be paid by the owner/custodian, or whether the animal shall be destroyed for failure of the owner/custodian to pay the fees and costs.
- If the City Council approves the destruction, the animal shall be destroyed in a humane fashion and the payment made by the party requesting the hearing shall be retained by the City to defray its costs of impounding the animal pending the hearing. If the City Council decides that the animal should not be destroyed, the animal shall be released from impoundment upon such terms as the City Council may reasonably impose, and the payment made by the person requesting the hearing shall be retained as the fee for claiming the animal.
- In lieu of the City impounding a vicious animal pending outcome of the case, the owner/custodian of the animal may have the animal boarded at a secure private boarding facility pending outcome of the court proceeding. In such event, the owner/custodian may not remove the animal from the boarding facility without the animal control officer’s consent. (2003 Code § 6-02-08)
- Impound Fees: Any person recovering possession of any dog impounded under the provisions of this chapter shall, in addition to obtaining a license for such dog, if the dog is not then licensed, pay an impound fee in such amount as established by resolution of the City Council.
- Board Fee: In addition to the impound fee, a board fee in such amount as established by resolution of the City Council shall be charged. (2003 Code § 6-02-08; amd. 2012 Code)
Voluntary Disposal of Dogs
The animal control officer, at the request of any resident, shall pick up and dispose of any dog owned or under the control of that person. The charge for this service shall be the sum equivalent to that incurred by the city for the disposition of that animal, and established by resolution of the city council. This fee shall be paid at the time such animal is picked up or dropped off. (2003 Code § 6-02-09; amd. 2012 Code)
Dogs Rushing at Persons
Any owner or keeper of a dog that rushes at any person, on a public right of way; lawfully on any property, public or private; any postal, utility or city employee during the course of their employment; or any cyclist or motor vehicle, shall keep such dog confined or tethered in such a manner as to prevent such action by said dog. (2003 Code § 6-02-10)
It shall be unlawful for any person to keep any animal on any property located within the city when the keeping of such animal, or the method of keeping or harboring such animal, constitutes a public nuisance or menace to public health or safety.
No person owning, harboring, keeping or in charge of any animal shall cause unsanitary, dangerous or offensive conditions by virtue of the size or number of animals maintained at a single location or due to the inadequacy of the facilities. It shall be a violation of this section if the number of animals maintained at a single residence or the condition of the facilities is offensive, injurious or dangerous to the public health or the neighbors in close proximity to the premises.
It shall be unlawful for any person to allow any animal in his/her care to become a public nuisance animal. Conduct that renders an animal a public nuisance shall include, but not be limited to:
- Repeated running at large (more than 2 violations).
- Being at large in any section of a park or public recreation area without being controlled by a leash no longer than ten feet (10′) or similar physical restraint.
- Damaging, soiling, defiling, urinating on, or defecating on any property other than that of its owner.
- Making disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, crowing, braying, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored.
- 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.
- Molesting, attacking, or otherwise interfering with the freedom of movement of persons in a public right of way.
- Chasing motor vehicles in a public right of way. (2003 Code § 6-02-11)
Proclamation of Mayor
The mayor is hereby authorized and empowered to issue a proclamation upon order of the city council whenever the prevalence of rabies in the city and vicinity deems it necessary calling attention of the public to the necessity of complying with the provisions of this chapter relative hereto.
Running At Large During Prevalence Of Rabies
It shall be unlawful for the owner or keeper of any dog to permit such dog to run at large within the limits of the city, during the prevalence of rabies in the city, or after the issuance of a mayor’s proclamation as provided in subsection A of this section.
- Keeping Dog Afflicted With Rabies: It shall be unlawful for a person to own, keep or harbor any dog afflicted with rabies.
- Confinement; Fee; Disposition: It is hereby made the duty of any owner of a dog showing symptoms of rabies, or of an unvaccinated dog which has bitten any person causing an abrasion of the skin, to surrender the dog for confinement at the animal shelter, or to a licensed veterinarian, for a minimum of ten (10) days. If such dog shall be determined free of rabies, the same shall be returned to the owner upon payment of the regular fee for keeping dogs impounded. If such fee is not paid, the dog shall be subject to disposal as provided by law. At the discretion of either the animal control officer, the district health department, or the chief of police, the quarantine of a dog may be upon the premises of the owner, or the person in charge of such dog, if the dog is securely confined, kept from contact with other animals and is submitted to a veterinarian for examination at the owner’s expense to determine whether or not the dog is rabid. (2003 Code § 6-02-16)
Liability for Damage to Property
The owner, harborer or keeper of any animal that does damage to property of another shall be liable to the owner of the property damaged for the damages and costs of suit. In the prosecution of actions of such damage, it is not necessary for the plaintiff to show that the owner, harborer or keeper of such animal had knowledge of the fact that such animal was doing damage to the property. (2003 Code § 6-02-17)
Vicious Conduct by Animals Prohibited; Penalties
Vicious Conduct By Animal Prohibited
The owner or custodian of any animal that commits any of the acts defined in this chapter as “vicious” may be cited for a misdemeanor and the Police Chief, animal control officer, or their designee, may seize and impound the animal until the matter has been adjudicated. The conduct shall not be deemed vicious if the victim (person, domestic animal or livestock) was committing a tort against the animal’s owner/custodian, or committing a trespass or other tort on the premises of the animal’s owner/custodian. Specifically prohibited are the following acts:
- If unprovoked by teasing, taunting, or a threatening manner by any person, approaching said person in an apparent or perceived 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; or
- Biting, inflicting injury, assaulting, or otherwise attacking a human being or domestic animal or livestock without justifiable provocation. (Ord. 2171, 10-2-2018)
No person may own or harbor or have custodial care of any of the following types of vicious animals:
- 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, unless restrained and/or confined as provided in subsection H of this section; or
- Any animal which is used primarily or in part for the purpose of fighting, or any animal trained for fighting; or
- Any dog which has been trained as an attack dog, except dogs used by law enforcement agencies.
Impoundment And/Or Destruction
Any animal whose owner has been found guilty of or entered a plea of guilty to the offense of vicious conduct by his/her animal is subject to impoundment and destruction. For a first offense, the court shall set the matter for sentencing and notify the Office of the City Attorney (prosecutor) of the date, time, and place of sentencing. The prosecutor may request that the court order the destruction of the animal. If the court determines that destruction is warranted, it shall issue an order authorizing any animal control officer or police officer to seize the animal and impound it for destruction if the animal has not been voluntarily surrendered by five o’clock (5:00) P.M. on the date of sentencing. (2003 Code § 6-02-20)
If a vicious animal whose owner or custodian has previously been found guilty or pled guilty to a violation of the vicious conduct prohibitions in this chapter is alleged to have committed a subsequent violation, or is found to be at large, the Police Chief, animal control officer, or their designee, shall seize and impound the animal until the matter has been adjudicated. Upon the second conviction or plea of guilty to either vicious animal conduct or the offense of allowing a vicious animal to be at large, regardless of the form of the current or any prior judgment, the court may dispense with notification to the City Attorney’s Office. The court shall order the destruction of the animal. (Ord. 2171, 10-2-2018)
An adult owner/custodian of a vicious animal shall be liable for all injuries and property damage sustained by any person or domestic animal caused by an unprovoked attack by any vicious animal, plus all costs, civil judgments or penalties, criminal fines, final terms, and any other penalties and orders. In the event that the owner/custodian of the vicious animal is a minor, the minor’s parent or guardian shall be so liable.
Failure to Surrender Animal
It shall be a separate offense to fail to surrender an animal for impoundment and/or destruction.
Microchip Implantation And Alteration Required
Any person who has been found guilty of or pled guilty to a violation of the vicious 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 Control Department, pay all associated costs, and, for work performed by a veterinarian, provide proof to the Animal Control Department that the microchip has been implanted. In addition, the prosecuting attorney shall seek an order from the court requiring the owner or custodian to have the animal spayed or neutered by a licensed veterinarian and to provide proof to the Animal Control Department of such alteration within thirty (30) days of the conviction. Failure to comply with this subsection shall constitute a separate offense.
Restraint And Care Of Vicious Or Dangerous Animals
The owner/custodian of any animal convicted of a violation of the vicious conduct prohibitions set out in this chapter shall complete the requirements of this subsection and subsection H1 of this section within thirty (30) days of the date of such conviction. Every vicious animal shall be securely confined by its owner 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 with a chain having a minimum tensile strength of three hundred (300) pounds and not more than three feet (3′) in length. Every person harboring a vicious 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 either: 1) a completed structure with a securely attached roof of durable material, secured to a foundation or concrete pad, and provided with a locking mechanism which shall be kept locked at all times the animal is within; or 2) an enclosure with solid sides of durable material or fencing material of a type and design capable of containing the animal, at least ten feet (10′) in height anchored securely either to durable flooring material or embedded into the ground to a depth of no less than one foot (1′) and provided with a locking mechanism which is kept locked at all times the animal is within. All such facilities must be adequately lighted and maintained so as to comply with the general regulations of this chapter for the care of animals.
- The owner/custodian of a vicious dog shall display in a prominent place on the premises a clearly visible warning sign indicating that there is a vicious dog 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. (2003 Code § 6-02-20)
- The Police Chief, animal control officers, or their designee, are empowered to make whatever inquiry is necessary to ensure compliance with the provisions of this chapter, and may seize and impound any vicious animal whose owner fails to comply with the provisions of this chapter. (Ord. 2171, 10-2-2018)
No person shall operate or maintain a kennel within the City unless the location of the proposed kennel is in accordance with the provisions of the land use ordinance as embodied in title 11 of this Code, as from time to time amended. (2003 Code § 6-02-21)
Unless otherwise stated, it shall be unlawful and punishable as a misdemeanor, subject to penalty as provided in title 1, chapter 4 of this Code, to violate any of the provisions of this chapter. (2003 Code § 6-02-22; amd. 2012 Code)
Dog Bite Attorneys
The dog bite attorneys and lawyers of Brent Gordon Law Firm will fight to obtain the highest possible settlement to fairly compensate you for injuries due to a dog bite. Dog owners are responsible to keep their dogs under control and to prevent their dogs from biting people. Our dog bite lawyers are aggressive, experienced and trusted attorneys in the Idaho Falls and Pocatello area seeking to help dog bite victims gain a fair settlement. Our law firm in Idaho Falls and Pocatello believes every client deserves fair representation and compensation for their injuries.
Call the experienced dog bite lawyers at Brent Gordon Law now for a free consultation at (208) 552-0467 in Idaho Falls or our Pocatello office at (208) 232-7274. We will fight for you or your child to get fair compensation from a negligent dog owner. Call now for a free consultation. You can beat Goliath!
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Idaho Falls Law Office
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Pocatello Law Office
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