It is unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport, buy or sell a pit bull within Payette County, Idaho, with exceptions for police, humane societies, and dogs registered prior to the date of enactment. Owners of such dogs must provide proof of rabies vaccination, sterilization, keep $1 million liability insurance, have a a microchip ID chip implanted in the dog, and pay an annual pit bull license fee. The dog must also be kept confined with a “Pit Bull Dog” sign posted on the premises. Dogs whose owners are not in compliance are subject to impoundment and destruction. Additionally, a pit bull exempt from the ban is subsumed to be a dangerous dog.
5-5-1: DEFINITIONS
5-5-2: LICENSE REQUIREMENTS
5-5-4: POLICE AUTHORITY
5-5-6: HARBORING OF DANGEROUS DOGS
5-5-7: GUARD DOGS EXCEPTED
5-5-9: INSURANCE
5-5-10: IDENTIFICATION PHOTOGRAPHS
5-5-11: PIT BULLS PROHIBITED
5-5-13: ACTION FOR DAMAGES
5-5-14: RESTRICTIONS
5-5-19: PENALTIES
DANGEROUS DOG:
A. Any of the following, only one of which is required to declare a dog dangerous:
1. Any dog that makes an unprovoked attack that causes bodily injury to a human being and the attack occurs off the owner's premises. "Bodily injury" means lacerations, broken bones, punctures of the skin, or any physical injury resulting in death;
2. A dog that has bitten, attacked, approached in a dangerous, vicious, or terrorizing manner or otherwise endangered livestock without provocation and the event occurs off the owner's premises;
3. A dog that, without intentional provocation, has chased or approached a person on the streets, sidewalks, or any public place in a menacing, vicious, or terrorizing manner or with an apparent attitude of attack, whether or not the attack is consummated or is capable of being consummated;
4. A dog that bites or attacks and causes serious injury or death to another dog while the other dog is on the owner's property or under the dog owner's control;
5. Any dog, which on private property, when unprovoked, in a vicious or terrifying manner approaches in an apparent attitude of attack, or bites, or inflicts injury, or otherwise attacks a mailman, meter reader, serviceman, delivery man, or other person who is on the dog owner's property with permission;
6. Any dog which, whether on public or private property, in a vicious or terrifying manner approaches in an apparent attitude of attack, or bites, or inflicts injury, or otherwise attacks the sheriff, a deputy sheriff, police officer, ordinance or animal control officer or agent, or other county employee in the performance of their duties;
7. Any dog that is an American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier, Presa Canario (Canary Island dog), Cane Corso (Italian mastiff), Dogo Argentino (Argentinean mastiff), Fila Brazileiro (Brazilian mastiff), Japanese Tosa (Japanese mastiff) or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the above breeds, if any, or any mixed breed of dog which contains as an element of its breeding the breed of American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier, Presa Canario (Canary Island dog), Cane Corso (Italian mastiff), Dogo Argentino (Argentinean mastiff), Fila Brazileiro (Brazilian mastiff), or Japanese Tosa (Japanese mastiff) as to be identifiable as partially of the breed of American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier, Presa Canario (Canary Island dog), Cane Corso (Italian mastiff), Dogo Argentino (Argentinian mastiff), Fila Brazileiro (Brazilian mastiff), or Japanese Tosa (Japanese mastiff) by a qualified veterinarian duly licensed as such by the state of Idaho; or
8. Any dog, which is bred, trained, owned, possessed, or kept for the purpose of dogfighting.
B. The term "dangerous dog" shall not apply to the following:
1. Any dog used by the sheriff or police for law enforcement purposes.
2. Any dog on the owner's premises causing injury to a person committing a trespass or other tort, or causing injury to a person committing or attempting to commit a crime at the time of the injury, or causing injury to one who is teasing, tormenting or assaulting the dog in a manner that an ordinary and reasonable person would conclude was intentionally antagonizing the dog.
PIT BULL: Any dog that is an American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier, Presa Canario, Canary Island dog, Cane Corso, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the above breeds, or any mixed breed of dog which contains as an element of its breeding the breed of American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier, Presa Canario, Canary Island dog, or Cane Corso as to be identifiable as partially of the breed of American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier, Presa Canario, Canary Island dog, or Cane Corso by a qualified veterinarian duly licensed as such by the state of Idaho. The AKC standards for the above breeds are on file in the office of the county clerk of Payette County.
. . .
B. Dangerous Dog Annual License Fees:
1. The Payette County clerk, or a designee, is hereby authorized to issue a license to any person who presents a completed dangerous dog license application along with veterinary certification of rabies vaccination, compliance with all requirements of this chapter, and upon payment of one hundred dollars ($100.00) per head for each dangerous dog which is of any breed other than those that meet the definition of "pit bull" as shown in this chapter. A list of specific dogs, which have been declared or adjudicated as dangerous, will be maintained by the Payette County sheriff and such list will be provided to the Payette County clerk's office. Owners presenting veterinary certification that the dangerous dog has been spayed or neutered will pay seventy five dollars ($75.00) per head. All licenses issued will be valid from the date of issue and will expire on December 31 of each year.
2. The owner of a dangerous dog shall keep the current license for such dangerous dog through annual renewal. Such license is not transferable and shall be renewable only by the holder of the license or by a member of the immediate family of such licensee. A special license tag of such color and design that will allow clear and easy visual identification of the animal as a dangerous dog will be issued to the owner at the time the dangerous dog license is issued. This tag shall be worn at all times by the dog.
C. Pit Bull Fees:
1. The Payette County clerk, or any designee, is hereby authorized to issue a license to any person who presents a completed dangerous dog license application along with veterinary certification of rabies vaccination, and showing compliance with all sections of this chapter as verified by the Payette County sheriff, or a designee, and upon payment of five hundred dollars ($500.00) per head for each pit bull. Owners presenting veterinary certification that the pit bull has been spayed or neutered will pay four hundred seventy five dollars ($475.00) per head. All licenses so issued will be valid from the date of issuance and will expire on December 31 of each year.
2. The owner of the pit bull shall keep the current license for such pit bull through annual renewal. Such license is not transferable and shall be renewable only by the holder of the license or by a member of the immediate family of such licensee. A special license tag of such color and design that will allow clear and easy visual identification of the animal as a dangerous dog will be issued to the owner at the time the pit bull license is issued. This tag shall be worn at all times by the dog.
D. Due Date: Such license fees shall be due and payable on January 1 of each year, except as hereinafter provided.
A. Fresh Pursuit: In the enforcement of any provision of this chapter, any sheriff, sheriff's deputy, peace officer, police officer, ordinance officer or other public officer, is authorized to enter the premises of any person to take possession of licensed or unlicensed roaming, fierce, or dangerous dogs when in pursuit of any such dog at the time the dog goes onto private property.
B. Exhibit License: It shall be unlawful for any owner or person keeping or harboring a dog for which a license is required by this chapter to fail or refuse to exhibit the license or tag upon demand by a sheriff, sheriff's deputy, police officer, ordinance officer, or other designated county official.
C. Interference With Police: Any person who shall molest, interrupt, hinder or prevent the sheriff, or any peace officer, ordinance officer, or other public officer, in the discharge of his duty herein prescribed, shall be guilty of a misdemeanor.
D. Authority To Enter Premises: In the enforcement of any provision of this chapter, any sheriff, deputy sheriff, ordinance officer, or other public officer, is authorized to enter the premises of any person to take possession of any unlicensed or licensed, roaming, or dangerous dogs, whether or not in pursuit of any such dog, if the dog is in plain view of the officer from a public area. (Ord. 2007-4, 3-26-2007)
Dogs maintained as guard dogs, as defined in section 5-5-1 of this chapter and in compliance with this chapter shall not be included under this section however no person shall keep as a guard dog any pit bull, Presa Canario, Canary Island dog, or Cane Corso as further defined in this chapter. (Ord. Amd. 2007-4, 6-11-2007)
All owners of dangerous dogs as defined in this chapter shall, within ten (10) days of the effective date of this section, provide proof to the Payette County clerk of public liability insurance in a single incident amount of no less than one million dollars ($1,000,000.00) for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. This policy shall include the county of Payette as an additional named insured, with minimum limits of coverage of one million dollars ($1,000,000.00), and shall have the effect of saving harmless and defending the county of Payette and its officers, agents and employees from all suits, claims, demands or actions at law or in equity arising directly or indirectly as the result of injury to persons or damage to property occasioned by the maintenance of the dangerous dog by the owner. The policy shall contain a provision requiring the insurance company to provide written notice to the sheriff not less than fifteen (15) days prior to any cancellation, termination, or expiration of the policy. (Ord. 2007-4, 3-26-2007)
5-5-10: IDENTIFICATION PHOTOGRAPHS:
All owners, keepers or harborers of dangerous dogs must within ten (10) days of the effective date of this section provide to the county clerk two (2) color photographs of the registered animal clearly showing the color and approximate size of the animal. (Ord. 2007-4, 3-26-2007)
5-5-11: PIT BULLS PROHIBITED:
A. It shall be unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport, buy or sell a pit bull within the county of Payette.
1. Exceptions:
a. Any member of the Payette County sheriff's office, any person acting under the official authority of the Payette County sheriff's office, ordinance officer, or other county official, may temporarily harbor and transport any pit bull for purposes of enforcing the provisions of this chapter.
b. Any humane society or animal shelter which is registered and licensed by the county may temporarily hold any pit bull that it has received or otherwise recovered, but only for so long as it takes to contact the Payette County sheriff's office or ordinance officer and either turn the pit bull over to these employees or receive permission to destroy or have destroyed the pit bull pursuant to the provisions of this section.
c. A person may temporarily transport into and hold in the county a pit bull only for the purpose of showing such pit bull in a place of public exhibition, contest or show sponsored by the American Kennel Club or United Kennel Club. However, prior to any showing, the sponsor of the exhibition, contest, or show must receive written permission from the Payette County sheriff, must obtain any other permits or licenses required by county ordinance, and must provide protective measures adequate to prevent pit bulls from escaping or injuring the public. The person who transports and holds a pit bull for showing shall, at all times when the pit bull is being transported within the county to and from the place of exhibition, contest, or show, keep the pit bull confined in a "secure temporary enclosure" as defined in this chapter.
d. Except as provided in subsection A1c of this section, the owner of a pit bull may temporarily transport through the county a pit bull only if such owner has obtained a valid transport permit from the Payette County sheriff. Upon request, the Payette County sheriff shall issue such permits only upon a showing by the owner of the pit bull that the pit bull is being transported from a beginning point outside the county to a destination that is outside the county. At all times when the pit bull is being transported within the county, it must be kept confined in a "secure temporary enclosure" as defined in this chapter. In all cases before issuing a transport permit, the sheriff must find that the transport would not constitute an unnecessary or undue danger to the public health, welfare or safety, and shall not issue the permit if he cannot so find. All transport permits issued shall only be valid for the time, date and pit bull specified on the permit, and shall not be construed to permit any activity otherwise prohibited. (Ord. 2007-4, 3-26-2007)
e. The owner of any pit bull which had owned and possessed the pit bull inside Payette County, including the municipalities of Fruitland, Payette and New Plymouth, prior to the original enactment date hereof, shall be allowed to keep such pit bull within the county upon compliance with the licensing and insurance requirements set forth herein, but only if the owner applies for and receives an annual pit bull license on or before June 15, 2007, or applies for and receives an annual pit bull license under the terms and provisions set forth in the applicable municipal code on or before June 15, 2007. If there was no requirement for a pit bull license in the municipality, then the pit bull shall not be deemed exempt for purposes of this statute. As a condition of issuance of a pit bull license, the owner shall at the time of application comply with or otherwise provide sufficient evidence that the owner is in compliance with all of the following regulations: (Ord. 2007-4(B), 6-22-2009)
(1) The owner of the pit bull shall provide proof of rabies vaccination and shall pay the annual pit bull license fee as stated in this chapter.
(2) The owner of the pit bull shall keep current the license for such pit bull through annual renewal. Such license is not transferable and shall be renewable only by the holder of the license or by an immediate family member of the holder of such license. A pit bull license tag will be issued to the owner at the time of issuance of the license. Such license tag, along with the current rabies tag, shall be attached to the pit bull by means of a secure collar or harness, and shall not be attached to any pit bull other than the pit bull for which the license was issued. If the pit bull tag is lost or destroyed, a duplicate tag may be issued upon the payment of a fee as stated in this chapter. The owner must be at least twenty one (21) years of age as of the license issuance date.
(3) The owner shall present to the Payette County sheriff proof that the owner has procured liability insurance in the amount of at least one million dollars ($1,000,000.00) covering any damage or injury that may be caused by a pit bull during the twelve (12) month period covered by the pit bull license. This policy shall include the county of Payette as an additional insured, with minimum limits of coverage of one million dollars ($1,000,000.00), and shall have the effect of saving harmless and defending the county of Payette and its officers, agents and employees from all suits, claims, demands or actions at law or in equity arising directly or indirectly as the result of injury to persons or damage to property occasioned by the maintenance of the pit bull by the owner. The policy shall contain a provision requiring the insurance company to provide written notice to the Payette County sheriff not less than fifteen (15) days prior to any cancellation, termination, or expiration of the policy.
(4) The owner shall, at the owner's own expense, have the pit bull spayed or neutered, and shall present to the Payette County sheriff documentary proof from a licensed veterinarian that this sterilization procedure has been performed.
(5) The owner shall bring the pit bull to a duly licensed veterinarian and shall cause a microchip ID tag (such as the Avid Microchip) to be placed in the pit bull at the owner's expense. Certification of this procedure, along with the microchip ID number shall be provided to the Payette County sheriff. Pit bulls that have previously had a microchip ID tag placed in them shall have that chip verified by a duly licensed veterinarian and provide the microchip ID number to the sheriff. Pit bulls bearing identification tattoos are not exempt from the microchip provision. The sheriff shall maintain a file containing the microchip ID numbers and names of the pit bulls and names and addresses of the owners. The owner shall notify the sheriff of any change of address.
(6) At all times when a pit bull is at the property of the owner, the owner shall keep the pit bull "confined", as that term is defined in this chapter. At all times when a pit bull is away from the property of the owner, the owner shall keep the pit bull either securely leashed and muzzled or in a "secure temporary enclosure", as that term is defined in this chapter.
(7) The owner shall not sell or otherwise transfer the pit bull to any person except a member of the owner's immediate family who will then become the owner and will be subject to all of the provisions of this section. The owner shall notify the sheriff within five (5) days in the event that the pit bull is lost, stolen, dies, or has a litter. In the event of a litter, the owner must deliver the puppies to the Payette County sheriff for destruction, or permanently remove the puppies from Payette County and provide sufficient evidence of such removal, by the time the puppies are weaned, but in no event shall the owner be allowed to keep in Payette County a pit bull puppy born after the date of publication hereof that is more than eight (8) weeks old. Any pit bull puppies kept contrary to the provisions of this subsection are subject to immediate impoundment and disposal pursuant to subsection E of this section.
(8) The owner shall have posted, at each possible entrance to the owner's property where the pit bull is kept, a conspicuous and clearly legible pit bull sign. Such pit bull sign must be at least eight inches by ten inches (8" x 10") in rectangular dimensions and shall contain only the words "PIT BULL DOG" in lettering not less than two inches (2") in height. (Ord. 2007-4, 3-26-2007)
(9) An owner who brings a pit bull into the unincorporated area of Payette County from a municipality within Payette County, and who has satisfied the provisions of this subsection A1e, shall apply for a county pit bull license within five (5) days of bringing the pit bull to the unincorporated area of Payette County. (Ord. 2007-4(B), 6-22-2009)
B. The sheriff or his agent is authorized to immediately impound, or cause to be impounded, any pit bull found in Payette County which does not fall within the exceptions listed in this chapter, and may house or dispose of such pit bull in such manner as the sheriff may deem appropriate, except as the procedures below otherwise require.
C. When the sheriff has impounded any pit bull dog pursuant to this chapter, and the owner of such dog disputes the classification of such dog as a pit bull, the owner of such dog may file a written petition with the sheriff for a hearing concerning such classification no later than seven (7) days after impoundment. Such petition shall include the name and address, including mailing address, of the petitioner. The sheriff will then issue a notice of hearing date by mailing a copy to the petitioner's address no later than ten (10) days prior to the date of the hearing. Where the sheriff receives no written request from the owner for a hearing within seven (7) days of impoundment, the pit bull shall be destroyed.
D. The hearing, if any, will be held before the sheriff or a hearing officer designated by the sheriff. Any facts, which the petitioner wishes to be considered, shall be submitted under oath or affirmation either in writing or orally at the hearing. The petitioner shall bear the burden of persuasion. The sheriff or hearing officer shall make a final determination whether the dog is a "pit bull" as defined in this chapter. Such final determination shall be considered a final order of the sheriff subject only to judicial review.
E. If the dog is found to be a pit bull, it shall be destroyed, unless the owner produces evidence deemed sufficient by the sheriff that the pit bull is to be permanently taken out of Payette County and the owner pays the cost of impoundment. If the dog is found not to be a pit bull, the dog shall be released to the owner. The procedures in this section shall not apply and the owner is not entitled to such a hearing with respect to any dog which was impounded as the immediate result of an attack or bite as defined in this chapter. In those instances, the dog shall be handled and the procedures governed by the provisions of section 5-5-15 of this chapter.
F. The official standards of the American Kennel Club and United Kennel Club for the breeds referred to in this chapter shall be kept on file in the office of the clerk of the county of Payette. (Ord. 2007-4, 3-26-2007)
If any dangerous animal shall, when unprovoked, kill or wound, or assist in killing or wounding any sheep, goat, 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 dangerous animal, or while otherwise, on or off the property of the owner whether or not such dangerous animal was on a leash and securely muzzled or whether the dangerous animal escaped without fault of the owner of 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 dangerous 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 dangerous animal knew that such dangerous animal possessed the propensity to cause such damage or that the dangerous animal had a dangerous nature. Upon such attack or assault, the sheriff or his designee is hereby empowered to confiscate and destroy such dangerous animal, if the conduct of such dangerous animal or its owner constituted a violation of the provisions of this chapter, punishable by the confiscation and destruction of the animal. (Ord. 2007-4, 3-26-2007)
No dangerous dogs, as defined in this chapter, are to be held for, or engage in, fighting or breeding. No sales or distribution of the offspring of any dangerous dog is permitted.
Dangerous dogs are to remain on the licensed premises except as required for veterinary care, participation in a sanctioned American Kennel Club or United Kennel Club show, surrender, or to comply with the order of a police officer, ordinance officer, or sheriff. (Ord. 2007-4, 3-26-2007)
A. Violations And Penalties: Any person who violates any part of this chapter except section 5-5-5 of this chapter shall be guilty of a misdemeanor and shall be fined not more than three hundred dollars ($300.00) or imprisoned not more than one hundred eighty (180) days, or both for each offense. In addition, any dog which attacks a human being, any domestic animal, or any livestock, may be ordered destroyed when, in the court's judgment, such dog represents a continuing threat of harm to human beings, domestic animals, or livestock. In addition, the judge may order any dog be destroyed which habitually creates a nuisance. The conviction of an owner for a second or subsequent offense of allowing a dog to bark or create noise which is a nuisance, shall be sufficient to establish that a dog habitually creates a nuisance.
B. Other Expenses: Any person found guilty of violating this chapter shall pay all expenses, including shelter, food, any veterinary expenses for identification or certification of the breed of the animal, boarding and veterinary expenses necessitated by the seizure of the dog for the protection of the public, and such other expenses as may be required for the care or destruction of any such dog. (Ord. 2007-4, 3-26-2007)