Ordinance Text in Full:
9-2A-7: HARBORING OF DANGEROUS DOGS
9-2A-11: IDENTIFICATION PHOTOGRAPHS
9-2A-12: PIT BULLS PROHIBITED
9-2A-14: ACTION FOR DAMAGES
A. A dog with a propensity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings, domestic animals, or livestock; or
B. Any dog which bites or attacks a human being, domestic animal, or livestock, without provocation or in a dangerous, vicious, or terrorizing manner, approaches any person in an apparent attitude of attack, whether or not the attack is consummated or is capable of being consummated; or
C. 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, 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, 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; or
D. Any dog which is kept with the intention of using its size, manner, disposition, training, or breeding to instill fear in others; or
E. Any dog, which is bred, trained, owned, possessed, or kept for the purpose of dogfighting; or
F. Any dog which as been declared as a dangerous dog under the provisions in section 9-2A-19 of this article.
PIT BULL: Any dog that is an American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier, 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, as to be identifiable as partially of the breed of American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier, by a qualified veterinarian duly licensed as such by the state of Idaho. The AKC and UKC standards for the above breeds are on file in the office of the city clerk of the city of Fruitland.
9-2A-7: HARBORING OF DANGEROUS DOGS:
A. It shall be unlawful for any person to keep or harbor a fierce or dangerous animal or dog without first complying with the terms of this article. It shall be an affirmative defense to charges under this section if the actual or intended victim of any attack has made an unlawful entry into the dwelling of the owner.
B. No "owner", as defined in section 9-2A-1 of this article, of a dangerous dog shall suffer or permit such animal to go unconfined on the premises of such person.
C. No "owner", as defined in section 9-2A-1 of this article, shall suffer or permit such dog to go beyond the premises of such person unless such dog is securely leashed and muzzled. When on leash, the leash shall consist of a short high tensile strength material with a maximum length of three feet (3') (0.9144 meter). A dangerous dog shall not be required to be muzzled when shown either in a sanctioned American Kennel Club or United Kennel Club show. (Ord. 457, 5-24-2006)
All owners of dangerous dogs as defined in section 9-2A-1 of this article shall, within ten (10) days of the effective date of this section, provide proof to the Fruitland city 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 city of Fruitland 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 city of Fruitland 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 chief of police not less than fifteen (15) days prior to any cancellation, termination, or expiration of the policy. (Ord. 457, 5-24-2006)
9-2A-11: 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 city clerk two (2) color photographs of the registered animal clearly showing the color and approximate size of the animal. (Ord. 457, 5-24-2006)
9-2A-12: PIT BULLS PROHIBITED
A. Except as provided for in this article, 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 city limits.
a. Any member of the city of Fruitland police department, ordinance officer, or other city official, may temporarily harbor and transport any pit bull for purposes of enforcing the provisions of this article.
b. Any humane society operating an animal shelter which is registered and licensed by the city may temporarily hold any pit bull that it has received or otherwise recovered, but only for so long as it takes to contact city of Fruitland police department 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 subsection B of this section.
c. A person may temporarily transport into and hold in the city 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 chief of police, must obtain any other permits or licenses required by city 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 city to and from the place of exhibition, contest, or show, keep the pit bull confined in a "secure temporary enclosure" as defined in section 9-2A-1 of this article.
d. Except as provided in subsection A1c of this section, theowner of a pit bull may temporarily transport through the city a pit bull only if such owner has obtained a valid transport permit from the chief of police. Upon request, the chief of police shall issue such permits only upon a showing by the owner that the pit bull is being transported either from a point outside the city to a destination outside the city. At all times when the pit bull is being transported within the city, it must be kept confined in a "secure temporary enclosure" as defined in section 9-2A-1 of this article. In all cases before issuing a transport permit, the chief of police 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.
e. The owner of any pit bull which had been licensed pursuant to this article on or before the date of publication hereof shall be allowed to keep such pit bull within the city 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, 2006. 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:
(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 article.
(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 article. 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 chief of police 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 city of Fruitland 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 city of Fruitland 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 bullby the owner. The policy shall contain a provision requiring the insurance company to provide written notice to the chief of police 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 chief of police 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. Certification of this procedure, along with the microchip ID number shall be provided to the chief of police. 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 chief of police. Pit bulls bearing identification tattoos are not exempt from the microchip provision. The chief of police 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 chief of police 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 article. 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 section 9-2A-1 of this article.
(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 chief of police 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 Fruitland animal shelter for destruction, or permanently remove the puppies from Fruitland 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 Fruitland a pit bull puppy born after the publication date 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 this subsection A1e.
(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.
B. Notwithstanding the provisions of this article, the chief of police is authorized to immediately impound, or cause to beimpounded, any pit bull found in the city of Fruitland which does not fall within the exceptions listed in subsection A of this section, and may house or dispose of such pit bull in such manner as the chief of police may deem appropriate, except as the procedures below otherwise require.
C. When chief of police has impounded any pit bull dog pursuant to this section, 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 chief of police 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 chief of police 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 chief of police 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 chief of police or a hearing officer designated by the chief of police. 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 risk of nonpersuasion. The chief of police or hearing officer shall make a final determination whether the dog is a "pit bull" as defined in section 9-2A-1 of this article. Such final determination shall be considered a final order of the chief of police 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 chief of police that the pit bull is to be permanently taken out of Fruitland 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 article. In those instances, the dog shall be handled and the procedures governed by the provisions of subsection 9-2A-16B of this article.
F. The official standards of the American Kennel Club and United Kennel Club for the breeds referred to in this article are on file in the office of the clerk of the city of Fruitland. (Ord. 457, 5-24-2006)
9-2A-14: ACTION FOR DAMAGES:
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 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 dangerous animal in violation of this article 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 chief of police 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 article, punishable by the confiscation and destruction of the animal. (Ord. 457, 5-24-2006)
No dangerous dogs, as defined in this article, 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 chief of police. (Ord. 457, 5-24-2006)
A. Any person who violates any of the provisions of this article, 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 destroyed which habitually creates a nuisance to any neighborhood or person. The conviction of an owner for a second or subsequent offense of allowing a dog to bark or create noise which is a nuisance to the neighborhood or another person, shall be sufficient to establish that a dog habitually creates a nuisance.
B. Any person found guilty of violating this article 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. 457, 5-24-2006)