03-05-05: DEFINITIONS:

As used in this article, the following words and terms shall have the meanings ascribed to them in this section:

ABANDON: To completely forsake and desert an animal previously under the custody or possession of a person without making reasonable arrangements for its proper care, sustenance and shelter.

ABUSE: Any case 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 bones, subdural hematoma, soft tissue swelling or death and lack of veterinary care and attention.

ANIMAL: Any member of the animal kingdom (Animalia) other than humans.

Domestic (Pet): An animal that lives in or near the habitations of humans, often tame, which is kept for companionship or utility but not for commercial purposes, including, but not limited to: amphibians (nonvenomous), felines, canines, hybrids, birds (excluding licensed birds of prey), reptiles (lizards, nonvenomous snakes), rodents (hamsters, gerbils, mice, rats, ferrets), aquarium fish, rabbits (although these are often "farmed"), poultry (chickens, turkeys), fowl (ducks, geese, peacocks) and insects.

Exotic: Animals not usually considered to be pets or livestock. The term connotates unique or special in nature (see definition of Animal: Exotic, Wild).

Exotic, Wild: Species (including hybrids) not native to the state of Idaho, whether or not in captivity, including, but not limited to: chukar, red fox, squirrels, lions, tigers, elephants, monkeys, dangerous reptiles (alligators, crocodiles, gila monsters), valley quail, pheasants, emus (also includes feral animals).

Feral: An animal that belongs to a domestic or livestock species but behaves like a wild, free ranging species. They may or may not belong to humans.

Native Wild: Free ranging species (including hybrids) presently native to the state of Idaho including: bats, black bears, beavers, birds of prey (eagles, falcons, hawks, vultures, owls), magpies, mountain quail, mink, muskrats, bobcats, cougars, deer, elk, moose, kit fox, coyotes, gray wolf, skunks, weasel, badgers, raccoons, chipmunks, marmots, pocket gophers, ground squirrels, rabbits, mice, wood rats, river otters, porcupines, lizards, turtles, snakes, toads, frogs, songbirds, waterfowl (ducks, geese), ravens, crows, various fish and insects.

Stock: See definition of Livestock.

Wild: Any animal of any size or species considered potentially dangerous or to have a greater than average chance to create nuisance and thereby disturb the public or whose presence in the community is an abnormality. These are animals not normally kept in captivity and may include, but are not limited to, the animals listed under the definitions of Animal: Exotic, Wild and Animal: Native Wild. Other animals normally associated with a zoo environment or considered protected or endangered species, are included here as well. (Note: Persons, groups, or centers commonly associated with maintaining wild animals include rehabilitators, falconers, and game ranches who are all to be licensed by various state and federal agencies.)

ANIMAL CONTROL OFFICER: Any person designated by the sheriff, whether a sworn deputy or civilian employee, whose primary duties involve the enforcement of this article.

AT LARGE: (1) Off the premises of the owner and not under the control of the owner or member of his immediate family, either by leash, cord, chain or other means of physical restraint.

   (2)   On the premises of the owner and not confined by substantial fence of sufficient strength and height to prevent the animal from escaping therefrom or secured on the premises by a metal chain, cable, adequately functional electronic containment fence, or other nondestructive device sufficient in strength to prevent the animal from escaping from premises and so arranged that the animal will remain upon the premises and not come any closer than six feet (6') to a public walkway or sidewalk when the restraint leash is stretched to full length.

BOARD: The Canyon County, Idaho, board of county commissioners.

CANINE: Shall include either male or female, whether neutered or spayed, whether fully domesticated canine or domestic hybrid.

COUNTY: Canyon County, Idaho, or the unincorporated areas of Canyon County, Idaho.

COUNTY ANIMAL SHELTER: Premises selected by the sheriff as a suitable facility for the requirements of this article, or a facility which has contracted with the board to meet the requirements of this article.

ENCLOSURE: A fence or structure of at least six feet (6') in height, forming or causing containment suitable to prevent the entry of young children, and suitable to confine an animal in conjunction with other measures which may be taken by the owner such as tethering of the animal. 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.

FELINE: Shall include either male or female cat of any breed or mixed breed whether neutered or spayed.

FOWL: See definition of Animal: Domestic (Pet).

HYBRID: An animal resulting from the crossbreeding between two (2) different species or types of animals. A cross between a domestic animal and a wild animal such as a wolf-dog cross or coyote-dog cross, would be considered a domestic animal whereas a cross between two (2) wild animals would be considered a wild animal.

IMPOUNDED: Taken into custody of the sheriff as provided in this article.

LIVESTOCK: Horses, mules, donkeys, burros, llamas, cattle, sheep, buffalo, goats and pigs.

MICROCHIP: An integrated circuit which is implanted subcutaneously in the flesh of a canine.

MISUSE: The intentional causing of an animal to perform a noncustomary task which could be dangerous or harmful to the animal.

MUNICIPALITY: Either the county or the city that has enacted the ordinance codified in this article.

OWNER: Shall be construed to include any person owning, harboring, keeping, possessing, caring or having custodial duties over any animal.

POULTRY: See definition of Animal: Domestic (Pet).

SHELTER: Any structure or object that provides protection from the sun and/or elements (inclement weather). Said structure or object must be solid or permanent enough to uphold against the elements (inclement weather).

SHERIFF: The duly elected sheriff of Canyon County, Idaho, and his or her agents, deputies, and animal control officers. This definition shall include both sworn and civilian personnel.

VICIOUS ANIMAL: (1) Any animal which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks and public grounds or places or private property not owned or possessed by the owner of the animal;

   (2)   Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings, domestic animals or livestock;

   (3)   Any animal which bites, inflicts injury, assaults or otherwise attacks a human being, domestic animal or livestock without provocation;

   (4)   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" above, 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 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. 11-010, 9-29-2011)