Statutes / Laws

Navigation

Full Site Search

Loading...

The navigation select boxes below will direct you to the selected page when you hit enter.

Topical Explanations

Primary Legal Materials

Select by Subject

Select by Species

Select Administrative Topic


World Law

Secondary Legal Materials

Great Apes and the Law

Great Apes and the Law

Maps of State Laws

Map of USA
Share |
Idaho

WEST'S IDAHO CODE ANNOTATED. TITLE 25. ANIMALS. CHAPTER 28. DOGS.; Title 36. Fish and Game. Chapter 11. Protection of Animals and Birds.

Statute Details
Printable Version
Citation: ID ST 25-2801 - 2808; ID ST 36-1101

Citation: I.C. 25-2801 - 2808; I.C. 36-1101


Last Checked by Web Center Staff: 12/2013

Summary:   These Idaho statutes comprise the state's dog laws.  Among the provisions include licensing requirements, laws regarding dogs at large and vicious dogs, and immunity for acts done by law enforcement dogs.


Statute in Full:

Title 25. Animals. Chapter 28. Dogs.

§ 25-2801. County dog license tax

§ 25-2802. License tags--Proceeds of tax

§ 25-2803. Dogs at large--Collar and tag required

§ 25-2804. Taking up dogs without collar and tag

§ 25-2805. Dogs running at large--Vicious dogs--Penalty

§ 25-2806. Liability for livestock and poultry killed by dogs

§ 25-2807. Dogs as property--Proof of value

§ 25-2808. Dogs used in law enforcement

Title 36. Fish and Game. Chapter 11. Protection of Animals and Birds.

§ 36-1101. Taking of wildlife unlawful except by statute or commission rule or proclamation--Methods prohibited--Exceptions

 

 

Title 25. Animals. Chapter 28. Dogs.

§ 25-2801. County dog license tax

The board of county commissioners of any county, at any meeting in any year, may make an order requiring all owners of dogs over an age which is to be set at the discretion of the board, within certain areas to be designated by the board as requiring dog control and lying outside the corporate limits of municipalities which have enacted and are enforcing a dog license law, to pay an annual license tax set by the board of county commissioners in each county, the said tax to be paid not later than sixty (60) days from date of said meeting at which the order is enacted; provided, that where an owner keeps dogs for breeding or commercial purposes, he shall be entitled to a kennel license covering fifteen (15) dogs which fee will also be set by the board of county commissioners in each county. Said order shall be in force and effect for one (1) year from its date and thereafter until rescinded by order of the board; and notice of such order shall be published in some newspaper of general circulation within the county in the two (2) successive issues of said paper immediately following the meeting at which such action is taken by the board of county commissioners.

S.L. 1927, ch. 20, § 1; S.L. 1955, ch. 200, § 1; S.L. 1965, ch. 169, § 1; S.L. 1979, ch. 2, § 1; S.L. 1985, ch. 9, § 1.

 

§ 25-2802 License tags -- Proceeds of tax.

Said license shall be paid in accordance with provisions of section 25-2801, Idaho Code, to the office or officer of the county as designated by the board of county commissioners of said county, who shall thereupon give to the person paying it a receipt reciting the owner's name and the number of the license, and also a metal tag or disc bearing the year of issue, the name of the county, and a license number corresponding with that mentioned in the receipt. The proceeds thereof shall be paid into the general fund of the county. In the event of loss of license tag, a duplicate, so stamped, shall be provided the owner by the county, at a reasonable cost for each duplicate tag.

S.L. 1927, ch. 20, § 2; S.L. 1955, ch. 200, § 2; S.L. 1978, ch. 299, § 1; S.L. 1985, ch. 9, § 2.

 

§ 25-2803 Dogs at large -- Collar and tag required.

No dog shall be permitted to go at large within the said county without having a collar about its neck with a license tag or disc attached thereto bearing the number of the license issued by the county as herein set forth, or by some municipality within said county. A violation of this section is an infraction punishable as provided in section 18-113A, Idaho Code.

S.L. 1927, ch. 20, § 3; S.L. 1999, ch. 245, § 1.

 

§ 25-2804 Taking up dogs without collar and tag.

After sixty (60) days from the date of the board's meeting at which this measure is adopted, it shall be the duty of the sheriff of the county to seize and impound any and all dogs, other than those located in a municipality within said county which has enacted and is enforcing a dog license law, at large without a collar with such license tag or disc as prescribed in section 25- 2803, Idaho Code. No dog which is impounded pursuant to this section shall be killed before five (5) days, excluding weekends and holidays, have elapsed from the time of the taking up of the dog. After the five (5) days, excluding weekends and holidays, have elapsed and a reasonable effort has failed to locate the owner, the sheriff or his delegate may kill the dog in a humane manner. It shall be the duty of the sheriff of the county or his delegate also to seize and impound any and all such dogs at large wearing collars with such license tags or discs, on which the owner has failed to obtain or renew the annual license; provided, that when a dog wearing a collar with a license attached has been taken up, the sheriff shall notify the owner, if known, who may thereupon recover possession of the dog on payment of the license fee, costs, and any pertinent county fine.

S.L. 1927, ch. 20, § 4; S.L. 1941, ch. 135, § 1; S.L. 1978, ch. 298, § 1.

 

§ 25-2805 Dogs running at large -- Vicious dogs -- Penalty.

(1) Any person, who, after complaint has been made by any person to the sheriff, who shall serve a copy of said notice upon such person complained of, willfully or negligently permits any dog owned or possessed or harbored by him to be, or run, at large without a competent and responsible attendant or master, within the limits of any city, town, or village or in the vicinity of any farm, pasture, ranch, dwelling house, or cultivated lands of another, or who willfully or negligently fails, neglects or refuses to keep any such dog securely confined within the limits of his own premises when not under the immediate care and control of a competent and responsible attendant or master, shall be guilty of an infraction punishable as provided in section 18-113A, Idaho Code.

(2) Any dog which, when not physically provoked, physically attacks, wounds, bites or otherwise injures any person who is not trespassing, is vicious. It shall be unlawful for the owner or for the owner of premises on which a vicious dog is present to harbor a vicious dog outside a secure enclosure. A secure enclosure is one from which the animal cannot escape and for which exit and entry is controlled by the owner of the premises or owner of the animal. Any vicious dog removed from the secure enclosure must be restrained by a chain sufficient to control the vicious dog. Persons guilty of a violation of this subsection, and in addition to any liability as provided in section 25-2806, Idaho Code, shall be guilty of a misdemeanor. For a second or subsequent violation of this subsection, the court may, in the interest of public safety, order the owner to have the vicious dog destroyed or may direct the appropriate authorities to destroy the dog.

S.L. 1919, ch. 72, § 1; S.L. 1998, ch. 61, § 1; S.L. 1999, ch. 245, § 2.

 

§ 25-2806 Liability for livestock and poultry killed by dogs.

The owner, possessor, or harborer of any dog or animal that kills, worries, or wounds any livestock and poultry which are raised and kept in captivity for domestic or commercial purposes, is liable to the owner of the same for the damages and costs of suit, to be recovered before any court of competent jurisdiction:

1. In the prosecution of actions under the provisions of this section it is not necessary for the plaintiff to show that the owner, possessor, or harborer of such dog or other animal had knowledge of the fact that such dog or other animal would kill or wound livestock or poultry which are raised and kept in captivity for domestic or commercial purposes.

2. Any person, on finding any dog, not on the premises of its owner or possessor, worrying, wounding, or killing any livestock or poultry which are raised and kept in captivity for domestic or commercial purposes, may, at the time of so finding said dog, kill the same, and the owners thereof can sustain no action for damages against any person so killing such dog.

Terr. Sess. 1867, p. 104, § 4; S.L. 1947, ch. 170, § 1; S.L. 1955, ch. 200, § 3.

 

§ 25-2807 Dogs as property -- Proof of value.

Dogs are property; and when the value of any dog is material in any civil or criminal proceeding in this state, the same may be established under the usual rules of evidence relating to values of personal property. No entity of state or local government may by ordinance or regulation prevent the owner of any dog from protecting it from loss by the use of an electronic locating collar.

S.L. 1927, ch. 211, § 1; S.L. 1991, ch. 72, § 1.

 

§ 25-2808 Dogs used in law enforcement.

Neither the state of Idaho, nor any city or county, nor any peace officer employed by any of them, shall be criminally liable under the provisions of section 25-2805, Idaho Code, or civilly liable in damages for injury committed by a dog when: (1) the dog has been trained to assist in law enforcement; and (2) the injury occurs while the dog is reasonably and carefully being used in the apprehension, arrest or location of a suspected offender or in maintaining or controlling the public order.

S.L. 1981, ch. 331, § 1; S.L. 1999, ch. 312, § 1.

 

Title 36. Fish and Game. Chapter 11. Protection of Animals and Birds.

§ 36-1101. Taking of wildlife unlawful except by statute or commission rule or proclamation--Methods prohibited--Exceptions

(a) It is unlawful, except as may be otherwise provided by Idaho law, including this title or commission rules or proclamations promulgated pursuant thereto, for any person to take any of the game animals, birds or fur-bearing animals of this state.

(b) Except as may be otherwise provided under this title or commission rules or proclamations promulgated pursuant thereto, it is unlawful for any person to:

1. Hunt from Motorized Vehicles. Hunt any of the game animals or game birds of this state from or by the use of any motorized vehicle except as provided by commission rule; provided however, that the commission shall promulgate rules which shall allow a physically disabled person to apply for a special permit which would allow the person to hunt from a motorized vehicle which is not in motion. A physically disabled person means a person who has lost the use of one (1) or both lower extremities or both hands, or is unable to walk two hundred (200) feet or more unassisted by another person, or is unable to walk two hundred (200) feet or more without the aid of a walker, cane, crutches, braces, prosthetic device or a wheelchair, or is unable to walk two hundred (200) feet or more without great difficulty or discomfort due to one (1) or more of the following impairments: neurological, orthopedic, respiratory, cardiac, arthritic disorder, blindness, or the loss of function or absence of a limb.

The commission shall specify the form of application for and design of the special permit which shall allow a physically disabled person to hunt from a motorized vehicle which is not in motion. No fee shall be charged for the issuance of the special permit and the issuance of a special permit shall not exempt a person from otherwise properly purchasing or obtaining other necessary licenses, permits and tags in accordance with this title and rules promulgated pursuant thereto. The special permit shall not be transferable and may only be used by the person to whom it is issued. A person who has been issued a special permit which allows a physically disabled person to hunt from a motorized vehicle not in motion shall have that permit prominently displayed on any vehicle the person is utilizing to hunt from and the person shall produce, on demand, the permit and other identification when so requested by a conservation officer of the department of fish and game. A person possessing a special permit shall not discharge any firearm from or across a public highway. In addition to other penalties any unauthorized use of the special permit shall be grounds for revocation of the permit.

2. Molest with Motorized Vehicles. Use any motorized vehicle to molest, stir up, rally or drive in any manner any of the game animals or game birds of this state.

3. Communicate from Aircraft. Make use of aircraft in any manner to spot or locate game animals, game birds or fur-bearing animals of this state from the air and communicate the location or approximate location thereof by any signals whatsoever, whether radio, visual or otherwise, to any person then on the ground.

4. Hunt from Helicopter. Make use of any helicopter in any manner in the taking of game or loading, transporting, or unloading hunters, game or hunting gear in any manner except when such use is at recognized airports or airplane landing fields, or at heliports which have been previously established on private land or which have been established by a department or agency of the federal, state or local government or when said use is in the course of emergency or search and rescue operations. Provided however, that nothing in this chapter shall limit or prohibit the lawful control of wolves or predatory or unprotected animals through the use of helicopters when such measures are deemed necessary by federal or state agencies in accordance with existing laws or management plans.

5. Hunt with Aid of Aircraft. Make use of any aircraft to locate any big game animal for the purpose of hunting those animals during the same calendar day those animals were located from the air. Provided however, that nothing in this chapter shall limit or prohibit the lawful control of wolves or predatory or unprotected wildlife through the use of aircraft when such measures are deemed necessary by federal or state agencies in accordance with existing laws or management plans.

6. Artificial Light. Hunt any animal or bird except raccoon by the aid of a spotlight, flashlight or artificial light of any kind. The act of casting or throwing, after sunset, the beam or rays of any spotlight, headlight or other artificial light capable of utilizing six (6) volts or more of electrical power upon any field, forest or other place by any person while having in his possession or under his control any uncased firearm or contrivance capable of killing any animal or bird, shall be prima facie evidence of hunting with an artificial light. Provided nothing in this subsection shall apply where the headlights of a motor vehicle, operated and proceeding in a normal manner on any highway or roadway, cast a light upon animals or birds on or adjacent to such highway or roadway and there is no intent or attempt to locate such animals or birds. Provided further, nothing in this subsection shall prevent the hunting of unprotected or predatory wildlife with the aid of artificial light when such hunting is for the purpose of protecting property or livestock, is done by landowners or persons authorized in writing by them to do so and is done on property they own, lease or control; and provided further that the hunting and taking of unprotected or predatory wildlife with the aid of artificial light on public lands is authorized after obtaining a permit to do so from the director. The director may, for good cause, refuse to issue such permit.

Other provisions of this subsection notwithstanding, the commission may establish rules allowing the hunting of raccoon with the aid of an artificial light.

7. Regulation of Dogs.

(A) No person shall make use of a dog for the purpose of pursuing, taking or killing any of the big game animals of this state except as otherwise provided by rules of the commission.

(B) Any person who is the owner of, or in possession of, or who harbors any dog found running at large and which is actively tracking, pursuing, harassing or attacking, or which injures or kills deer or any other big game animal within this state shall be guilty as provided in section 36-1401(a)1.(F), Idaho Code. It shall be no defense that such dog or dogs were pursuing said big game animals without the aid or direction of the owner, possessor, or harborer.

(C) Any dog found running at large and which is actively tracking, pursuing, harassing, attacking or killing deer or any other big game animal may be destroyed without criminal or civil liability by the director, or any peace officer, or other persons authorized to enforce the Idaho fish and game laws.

8. Attempt to take Simulated Wildlife.

(A) Attempt to take, by firearm or any other contrivance capable of killing an animal or bird, simulated wildlife in violation of any of the provisions of this title or commission rules applicable to the taking of the wildlife being simulated, when the simulated wildlife is being used by a conservation officer or other person authorized to enforce Idaho fish and game laws or rules promulgated pursuant thereto. No person shall be found guilty of violating either this subparagraph, or subparagraph (B) of this paragraph, provided that no other law or rule has been violated.

(B) Any person pleading guilty to, convicted of or found guilty for attempting to take simulated wildlife within this state shall be guilty of a misdemeanor and shall be punished as provided in either subsection (b) or (d) of section 36-1402, Idaho Code, and shall pay restitution in an amount of no less than fifty dollars ($50.00) for the repair or replacement of the simulated wildlife.

9. Devices Accessed via Internet.

(A) No person shall shoot at or kill any bird or animal in Idaho, wild or domestic, including domestic cervidae governed under the provisions of chapter 37, title 25, Idaho Code, with any gun or other device accessed and controlled via an internet connection. Accessing, regulating access to, or regulating the control of a device capable of being operated in violation of this paragraph shall be prima facie evidence of an offense under this paragraph.

(B) Any person pleading guilty to, convicted of or found guilty of a violation of this paragraph shall be guilty of a misdemeanor and shall be punished as provided in section 36-1402, Idaho Code.

CREDIT(S)

S.L. 1976, ch. 95, § 2; S.L. 1978, ch. 363, § 1; S.L. 1979, ch. 196, § 1; S.L. 1986, ch. 75, § 1; S.L. 1986, ch. 297, § 1; S.L. 1989, ch. 95, § 1; S.L. 1992, ch. 81, § 27; S.L. 1992, ch. 218, § 1; S.L. 1994, ch. 94, § 1; S.L. 1994, ch. 115, § 1; S.L. 1998, ch. 170, § 7; S.L. 2005, ch. 180, § 1; S.L. 2007, ch. 36, § 1, eff. July 1, 2007; S.L. 2007, ch. 67, § 1, eff. July 1, 2007; S.L. 2007, ch. 261, § 1, eff. July 1, 2007. Amended by S.L. 2011, ch. 281, § 1, eff. July 1, 2011.

 

 



Top of Page
Share |