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

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Primary Citation:  ID ST § 25-2801 - 2812; ID ST § 36-1101 Country of Origin:  United States Last Checked:  November, 2016 Alternate Citation:  I.C.A. §§ 25-2801 - 2812; I.C.A. § 36-1101
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 Text: 

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

§ 25-2809. Short title

§ 25-2810. Dangerous and at-risk dogs

§ 25-2811. Penalties

§ 25-2812. Local regulation

 

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 Said order shall be in force and effect for one (1) year from its date and thereafter until rescinded by order of the board; and notice of such order shall be published in some newspaper of general circulation within the county in the two (2) successive issues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.

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.

Credits

S.L. 1919, ch. 72, § 1; S.L. 1998, ch. 61, § 1; S.L. 1999, ch. 245, § 2. Amended by S.L. 2016, ch. 285, § 1, eff. March 30, 2016.

 

§ 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 25-2810, 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.

Credits

S.L. 1981, ch. 331, § 1; S.L. 1999, ch. 312, § 1. Amended by S.L. 2016, ch. 285, § 2, eff. March 30, 2016.

 

§ 25-2809. Short title

Sections 25-2809 through 25-2812, Idaho Code, shall be known and may be cited as the “Idaho Dangerous and At-Risk Dogs Act.”

Credits

Added by S.L. 2016, ch. 285, § 3, eff. March 30, 2016.

 

§ 25-2810. Dangerous and at-risk dogs

(1) For purposes of this act:

(a) “At-risk dog” means any dog that without justified provocation bites a person without causing a serious injury as defined in this section.

(b) “Dangerous dog” means any dog that:

(i) Without justified provocation has inflicted serious injury on a person; or

(ii) Has been previously found to be at risk and thereafter bites or physically attacks a person without justified provocation.

(c) “Justified provocation” means to perform any act or omission that a reasonable person with common knowledge of dog behavior would conclude is likely to precipitate a bite or attack by an ordinary dog.

(d) “Physically attack” means an aggressive action upon a person by a dog which there is physical contact between the dog and the person.

(e) “Serious injury” means an injury to a person characterized by piercing of the hypodermis or tearing of the muscles, veins or arteries, or disfiguring lacerations that would cause a reasonably prudent person to seek treatment from a medical professional without regard to whether the person actually sought medical treatment.

(2) A petition for a court to declare a dog dangerous or at-risk may be brought by:

(a) Any person who has been bitten or physically attacked by the dog;

(b) A parent or guardian of any minor who has been bitten or physically attacked by the dog; or

(c) A county or city prosecuting attorney.

In such proceedings, it is not necessary for the petitioner to show that the owner, possessor or harborer of such dog had knowledge of the fact that the dog would behave in a manner consistent with the definition of a dangerous or at-risk dog.

(3) No dog may be declared to be a dangerous or at-risk dog when at the time an injury or damage was sustained, the precipitating cause constituted justified provocation. Justified provocation includes, but is not limited to, the following:

(a) The dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault;

(b) The person was committing a crime or offense upon the property of the owner or custodian of the dog;

(c) The person was at the time, or had in the past, willfully tormented, abused or assaulted the dog;

(d) The dog was responding to pain or injury or protecting its offspring;

(e) The dog was working as a hunting dog, herding dog or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury sustained was to a person who was interfering with the dog while the dog was working in a place where it was lawfully engaged in such activity, including public lands;

(f) The dog was a service animal individually trained to do work or perform tasks for a person with a disability; or

(g) The person was intervening between two (2) or more animals engaged in aggressive behavior or fighting.

(4) If a court finds that a dog is dangerous pursuant to the provisions of this act, in addition to any other penalty or liability provided in this act, the court may order the dog to be humanely put to death.

(5) If a court finds that a dog belonging to an owner is dangerous or at risk pursuant to the provisions of this act, the court in its discretion may order the owner to comply with one (1) or more of the following restrictions and requirements:

(a) When outdoors, the dog shall be confined to a secure, locked enclosure from which it cannot escape and that unauthorized persons are prevented from accidental entry, and for which entrance and exit are controlled by the owner of the premises or owner of the dog;

(b) When off the property of the owner and not confined in a secure enclosure the dog shall be kept on a secure leash by a competent adult physically capable of controlling the dog. The court shall have the discretion to order that the dog wear a muzzle capable of preventing the dog from biting if the dog is in any public area in which contact between the dog and the public is likely to occur;

(c) The dog shall be permanently identified by means of a color photograph in a file maintained by the court and by a microchip used for the identification of companion animals at the expense of the owner. Microchip registration shall be reported in a timely manner by the owner of the dog to the local agency responsible for the control of such dogs. Upon demand, the owner shall provide access to the dog to any such agency or local law enforcement entity for the purposes of verifying microchip implantation; and

(d) The premises on which the dog is kept shall be posted with clearly visible signs stating “Beware of Dog” and may also require posting of signs with a warning symbol that informs children of the presence of a dog that may be dangerous. Signs shall be visible from the closest roadway.

(6) Any owner of a dog designated as a dangerous or at-risk dog shall notify any local agency responsible for the control of such dogs upon the transfer of a dangerous or at-risk dog to another person within thirty (30) days of such transfer. In order to transfer ownership of a dog designated as a dangerous or at-risk dog, the current owner shall notify the new owner of any order issued by a court pursuant to the provisions of this act and provide a copy of such order prior to such transfer. All sanctions and restrictions placed upon the keeping of the dog by the court shall transfer to any person taking custody of such dog and such person shall comply with all such sanctions and restrictions and be duly registered as the owner of a dangerous or at-risk dog by the local agency. Any owner relocating a dangerous or at-risk dog to another jurisdiction served by a different agency responsible for the control of such dogs, shall notify both the previous agency and the responsible agency in the new location within thirty (30) days of such relocation.

(7) In the event a dog designated by a court as at risk does not subsequently act in a manner consistent with the definitions of a dangerous or at-risk dog, and providing that the owner and keeper of the dog has complied with all the provisions of this act, for a period of three (3) years, the restrictions and requirements imposed by the court shall be waived and the dog shall no longer be classified as at risk.

(8) Any person who fails to comply with sanctions, restrictions or requirements imposed by the court pursuant to the provisions of this section shall be subject to the provisions of section 25-2811, Idaho Code.

(9) During the pendency of a petition to have a dog declared dangerous or at risk, a law enforcement officer or officer of a local agency responsible for the control of such dogs shall be authorized to take the dog into custody and place the dog in a suitable place at a customary and reasonable expense to the owner pending final disposition of the charge against the owner. In lieu of keeping the dog at such facility, officers shall have the discretion to impose reasonable temporary restrictions upon the keeping of the dog at the property of the owner such that the dog is controlled and prevented from contact with others pending the final disposition of the petition. Upon notification that an action pursuant to this subsection has been initiated by an officer authorized to enforce such action against a dog, the relocation or transfer of such dog to another shall be prohibited and constitute a violation of this act.

(10) Any dog that physically attacks, wounds, bites or otherwise injures any person who is not trespassing, when such dog is not physically provoked or otherwise justified pursuant to subsection (3) of this section or as set forth in section 25-2808, Idaho Code, subjects either its owner or any person who has accepted responsibility as the possessor, harborer or custodian of the dog, or both, to civil liability for the injuries caused by the dog. A prior determination that a dog is dangerous or at-risk, or subject to any court order imposing restrictions or requirements pursuant to the provisions of this section, shall not be a prerequisite to civil liability for injuries caused by the dog.

Credits

Added by S.L. 2016, ch. 285, § 4, eff. March 30, 2016.

 

§ 25-2811. Penalties

For persons with knowledge of an order by a court issued pursuant to the provisions of this act:

(1) A person guilty of a first violation of section 25-2810(8), Idaho Code, shall be guilty of a misdemeanor punishable by a fine of not less than two hundred dollars ($200) and not more than five thousand dollars ($5,000).

(2) A person guilty of a second violation of section 25-2810(8), Idaho Code, within five (5) years of the first conviction shall be guilty of a misdemeanor punishable by a jail sentence of not more than six (6) months or by a fine of not less than five hundred dollars ($500) and not more than seven thousand dollars ($7,000), or by both such fine and imprisonment.

(3) A person guilty of a third or subsequent violation of section 25-2810(8), Idaho Code, within fifteen (15) years of the first conviction shall be guilty of a misdemeanor punishable by a jail sentence of not more than twelve (12) months or by a fine of not less than five hundred dollars ($500) and not more than nine thousand dollars ($9,000), or by both such fine and imprisonment.

Credits

Added by S.L. 2016, ch. 285, § 5, eff. March 30, 2016.

 

§ 25-2812. Local regulation

The provisions of this act shall establish as state law minimum standards and requirements for the control of dogs that may threaten the public with injury and to provide for certain state crimes for violations of such minimum standards and requirements. Provided however, this act shall not supersede or invalidate existing ordinances of local governments or prohibit local governments from adopting and enforcing more restrictive definitions of a dangerous or vicious dog, so long as the local government's definition of a dangerous or vicious dog allows for acts of justified provocation as described in section 25-2810(3), Idaho Code.

Credits

Added by S.L. 2016, ch. 285, § 6, eff. March 30, 2016.

 

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 furbearing 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, including any unmanned aircraft system, 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, including any unmanned aircraft system, 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, including any unmanned aircraft system, in any manner to spot or locate game animals, game birds or furbearing 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, including any unmanned aircraft system, 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 (c) or (e) 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.

Credits

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; S.L. 2015, ch. 106, § 4, eff. July 1, 2015; S.L. 2016, ch. 26, § 1, eff. July 1, 2016.

 

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