Chapter 8
ANIMALS AND FOWL1

Art. I.    In General, §§ 8-18-20

Art. II.    Dogs, §§ 8-218-48

ARTICLE I. IN GENERAL

Sec. 8-1. Keeping animals.

(a) No person shall keep or maintain any livestock, any fur-bearing animal except a dog or cat, any chicken, duck, goose, turkey or other fowl within the city, except as authorized by the zoning ordinance.

(b) Every person maintaining or keeping livestock or fowl within the city shall maintain and keep the same in a clean and sanitary condition.

(c) Such persons shall at all times comply with sanitary regulations imposed by the city health officer. (Code 1960, § 5-1; Ord. No. 3994, § 1, 3-4-91; Ord. No. 4095, § 1, 4-4-94)

Cross reference – Keeping of animals, § 37-108.

Sec. 8-2. Running at large.

No owner or custodian shall permit any animal owned by him or under his control to run at large in or upon any street, lane, alley or on any public property, vacant lot, or unenclosed private property not the property of the owner. Any animal found running at large may be taken up and impounded. A cat shall not be deemed to be at large unless it is causing, or is a nuisance, or has been complained of or is sick or injured. No owner or custodian shall permit any animal owned by him or under his control to be upon the premises of another within the city without the consent of the owner of such premises. (Code 1960, § 5-2; Ord. No. 3927, § 1, 11-7-88; Ord. No. 3994, § 2, 3-4-91; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-3. Excessive noise from animals prohibited.

No owner or custodian shall permit any animal to cause excessive noise of such a type, volume or duration as to disturb the sleep, peace, quiet, comfort or repose of any person or residential neighborhood. A violation of this section shall be a civil infraction and shall be punishable by a fine not to exceed the sum of one hundred dollars ($100.00). In lieu of a court appearance, any person charged with having committed a civil infraction prohibited by this section may forfeit to the Nez Perce County Court a penalty in the sum of one hundred dollars ($100.00). (Ord. No. 4320, § 4, 6-23-03)

Sec. 8-4. Impoundment of animals and fowl running at large – Authorized; notice to owner.

The animal control officer may, when any animal or fowl is found running at large in or upon any of the streets, lanes, alleys or public grounds of the city, or upon the premises of another within the city without the consent of the owner of such premises, immediately impound the same and notify the owner thereof, if known. (Code 1960, § 5-4; Ord. No. 3368, § 1, 5-23-77; Ord. No. 3927, § 3, 11-7-88; Ord. No. 3994, § 3, 3-4-91; Ord. No. 4095, § 1, 4-4-94)

Secs. 8-5, 8-6. Reserved.

Editor’s note – Former §§ 8-5 and 8-6 were repealed by Ord. No. 3927, §§ 4 and 5, adopted Nov. 7, 1988. Said sections related to the sale of impounded animals and fowl and impounding fees, respectively, and originated from the 1960 Code, §§ 5-5 and 5-6; and Ord. No. 3368, §§ 2 and 3, adopted May 23, 1977.

Sec. 8-7. Driving herds through city.

No person shall drive or attempt to drive any loose livestock along or over any of the streets, avenues, alleys or other thoroughfares of the city. (Code 1960, § 5-8; Ord. No. 3927, § 6, 11-7-88; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-8. Reserved.

Editor’s note – Ord. No. 3368, § 4, adopted May 23, 1977, repealed § 8-8 designating routes over which herds could be driven through the city. Said section was derived from the 1960 Code, § 5-9.

Sec. 8-9. Animal protection – Cruelty, killing and otherwise mistreating animals.

It is unlawful for any person to maliciously kill, maim or wound an animal, the property of another, or for any person having the charge or custody of any animal, to subject any animal to needless suffering or to inflict any unnecessary cruelty upon the same; or, in any manner, to abuse an animal or fail to provide the same with proper food, drink, veterinary care, shelter or protection from the weather; or to cruelly drive, ride or otherwise use the same when unfit for labor. No person shall intentionally annoy, harass, or taunt any confined animal within the city. No person shall kill or injure any wild birds within the city; provided however, this section shall not apply to the destruction of English sparrows, starlings and feral pigeons. (Code 1960, § 5-11; Ord. No. 3927, § 7, 11-7-88; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-10. Reserved.

Editor’s note – Former § 8-10 was repealed by Ord. No. 4095, § 1, adopted April 4, 1994. Said section related to killing birds, and was derived from the 1960 Code, § 5-13; and Ord. No. 3368, § 5, adopted May 23, 1977.

Sec. 8-11. Terms defined.

Animal: As defined by Idaho Code, Section 18-2112.

Cruelty: Includes every act, omission or neglect, whereby unnecessary or unjustifiable pain or suffering is caused or permitted.

Dangerous animal: Any animal (excluding dogs; see section 8-22) which has previously attacked or bitten any person or persons or other animal without cause or which has behaved in such manner that the person who harbors or keeps said animal knows or should reasonably know the animal is possessed of tendencies to attack or bite persons; also includes any animal whose temperament or habits create a reasonable apprehension of injury to persons or other animals.

Livestock: Any animal normally kept for breeding, product or work including but not limited to cow, calf, ox, steer, bull, horse, mare, colt, stallion, mule, jack, jenny, hog, pig, goat, kid, llama, sheep, lamb or rabbit.

Torment: Includes every act, omission or neglect, whereby unnecessary or unjustifiable pain or suffering is caused or permitted.

Torture: Includes every act, omission or neglect, whereby unnecessary or unjustifiable pain or suffering is caused or permitted.

Wild animal: Any live monkey or ape, raccoon, skunk, fox, snake or other reptile, leopard, wolf, coyote, panther, tiger, bear, lion, lynx or any other animal or any bird of prey which can be normally found in a wild state. (Ord. No. 3927, § 8, 11-7-88; Ord. No. 3994, § 4, 3-4-91; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-12. Wild or dangerous animals.

(a) It shall be unlawful for any person to keep or permit to be kept on his premises any wild or dangerous animal for display or exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to humane research programs, zoological parks, performing animal exhibitions or circuses.

(b) It shall be unlawful for any person to keep, or permit to be kept, any wild animal as a pet, unless a permit has been granted by the director of the departments of fish and game of the state for said animal.

(c) It shall be unlawful for any person to harbor or to keep a dangerous animal within the city. Any animal which has attacked or bitten any person or other animal, without cause, may be seized by any police officer or other citizen. Upon establishment, to the satisfaction of any court of competent jurisdiction, of the vicious character, said animal may be destroyed by a police officer or other agent of the city, county or state. Provided, however, this section shall not apply to animals under the control of a law enforcement or military agency, nor to animals which are kept for the protection of property; provided that such animals are restrained by a cage, fence, or other adequate means from contact with the general public or with persons who enter the premises with the actual or implied permission of the owner or occupant and from any children who may wander onto the property; furthermore, that notices of the presence of such animal are conspicuously displayed, whereby the same may be seen by passing persons within the vicinity where such animal may be kept.

(d) Any person owning or harboring any wild animal or dangerous animal shall be strictly liable for damages caused by said animal.

(e) The chief of police (or designee) shall have the power to order an investigation pertaining to the harboring of any dangerous animal and shall have the power to order the destruction of any dangerous animal. The chief may cause the dangerous animal to be taken into custody, which action shall set forth the basis for the determination that the animal is dangerous. A notice of this decision shall be left at the residence of the owner or may be served in such other manner deemed adequate by the chief. The owner of the animal shall then have two (2) days (excluding weekends and holidays) to file a written appeal of the decision with the chief of police. The appeal shall be heard by a three-member commission selected by the police department from a nine-person pool or a two-year term within five (5) days (excluding weekends and holidays) of the appeal. Such appeal shall be a de novo hearing, and the appellant shall have due process rights similar to those available in city personnel hearings.

(f) In determining whether an animal is dangerous, the fact finder may consider past incidents, provocation for the bite, whether the attack occurred on the premises where the animal resided, the legal status of the victim on the premises and any other fact or allegation which might have justified the attack.

(g) The written decision of the commission on appeal shall be final (unless stayed by court action) and shall be implemented, unless the decision is appealed to the district court within two (2) days (excluding weekends and holidays).

(h) Any impoundment fees incurred during this period shall be paid for by the owner of the animal except when said animal is found not dangerous on appeal or by a competent court. (Ord. No. 3927, § 9, 11-7-88; Ord. No. 3994, § 5, 3-4-91; Ord. No. 4095, § 1, 4-4-94)

Secs. 8-138-20. Reserved.

ARTICLE II. DOGS2

Sec. 8-21. Findings of fact; authority.

The city council of the city of Lewiston, Idaho, hereby finds and declares that dogs running at large within the city constitute an immediate danger to the health, safety, and welfare of the inhabitants of the city; that unneutered dogs contribute more severely to problems of dogs running at large and resultant problems of impoundment and disposal than do neutered dogs, thereby justifying different treatment and impoundment fees for unneutered dogs than for neutered dogs; and that it is within the police powers of the city, granted by Article 12, Section 2, Idaho Constitution, and Idaho Code, Section 50-319, to legislate for the control, including the licensing and impoundment, of dogs for the public health, safety, and welfare. (Ord. No. 3431, § 1, 3-20-78; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-22. Definitions.

As used in this article, unless the context otherwise indicates, the following words and terms shall mean:

Allow: To permit by neglecting to restrain or prevent.

Animal control officer: Any person designated by the chief of police to carry out the provisions of this article.

Animal shelter: Any premises designated by the city for the purpose of impounding and caring for animals held under the authority of this article.

At large: To be off the premises of the owner and not under the control of the owner or another person.

Bite: Any aggressive or voluntary closure by an animal’s mouth causing a redness, breaking or tearing of the skin of any person or which damages or destroys the personal property of another.

Chief of police: The chief of the police department of the city of Lewiston or any other person acting under his orders or direction.

Dangerous dog: Any dog which exhibits a known inclination or tendency to attack or bite a person or persons or other animal or damage property without cause, or which has behaved in such manner that the person who harbors said dog knows or should know that the dog exhibits such tendencies to bite or harm persons or other animals or destroy property, may be declared a dangerous dog. A dog shall be determined dangerous and assigned a level of dangerousness according to the following guidelines:

Level 1 behavior: Level 1 behavior is established if a dog, while at large, is found to menace, chase and display threatening or aggressive behavior or otherwise threaten or endanger the safety of any person, domestic animal or fowl.

Level 2 behavior: Level 2 behavior is established if a dog, whether or not under control, aggressively bites any person, domestic animal or fowl, or maliciously damages or destroys the personal property of another.

Level 3 behavior: Level 3 behavior is established if:

(1) Any dog, whether or not under control, causes the serious injury or death of any person; or

(2) Any dog, while at large, kills any domestic animal or fowl; or

(3) Any dog engages in or is found to have been trained to engage in exhibitions of fighting; or

(4) There are repeat violations of level 2 behavior by a dog declared/determined to be a level 2 dangerous dog.

Dogs used in law enforcement shall be excluded from this section.

Dog: Any member, male or female, of the family canis familiaris.

Dog under control: A dog secured by a leash or lead not exceeding eight (8) feet in length and by a responsible person, or confined within a vehicle or confined within the boundaries of its owner’s real property.

Harboring: The keeping of any dog. The occupant of any premises on which a dog remains, or to which it customarily returns daily for food and care, for three (3) consecutive days or more is presumed to be harboring or keeping the dog for the purposes of this article.

Kennel: Any lot or premises or portion thereof, other than a veterinary office or animal shelter, grooming facility, or pet shop on which four (4) or more dogs are maintained, harbored, possessed, boarded, bred or cared for in return for compensation or kept for sale.

Leash: A cord, thong, leash or chain, not more than eight (8) feet in length, by which a dog is controlled by the person accompanying it.

Neutered dog: Male or female dogs rendered incapable of reproducing offspring. Proof of such sterilization must be evidenced by an acknowledgment of the owner.

Officer: Any police officer or any person designated by the chief of police as an animal control officer.

Owner, custodian or keeper: Any person, including any firm, association, partnership or corporation or their agents, or persons acting with their permission, owning, keeping or harboring a dog.

Premises: All of the real property under a person’s or persons’ ownership, lease or control inside the inner line of a sidewalk; or, if there is no sidewalk, inside the curb, ditch or shoulder marking the edge of the traveled or used portion of the public right-of-way. “Premises” also includes the inside of a closed motor vehicle.

Veterinary clinic or hospital: Any establishment maintained and operated by a licensed veterinarian for the boarding of animals or the diagnosis, treatment and care of diseased or injured animals. (Ord. No. 3431, § 2, 3-20-78; Ord. No. 3479, § 4, 1-2-79; Ord. No. 3911, § 1, 1-18-88; Ord. No. 3927, § 10, 11-7-88; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-23. License required.

The keeping of any dog within the city is hereby forbidden and unlawful, unless the owner, custodian, keeper or person harboring the dog shall procure a license from the city for such dog. The license shall be obtained from any person authorized by the city manager to act as an agent for the city for the sale and distribution of dog licenses. This provision shall not apply to a dog under six (6) months of age; nor shall it apply to a nonresident keeping a dog within the city for no longer than sixty (60) days; nor shall it apply to the keeping of any dog within a properly licensed kennel, as provided for in section 8-34 of this article. In any prosecution for a violation of this section, the absence of a tag to be appended to a dog, as provided in section 8-27 of this article, excluding dogs used in law enforcement, shall be prima facie evidence that the dog has not been legally licensed. No prosecution for a violation of this section shall be commenced prior to March 1st of any calendar year. Whenever any person, after applying for and receiving a city dog license, shall move from the address named in such application, such person shall, within ten (10) days thereafter, notify the deputy treasurer of the city in writing of such address change. (Ord. No. 3431, § 3, 3-20-78; Ord. No. 3479, § 1, 1-2-79; Ord. No. 3735, § 1, 3-19-84; Ord. No. 3927, § 11, 11-7-88; Ord. No. 4095, § 1, 4-4-94; Ord. No. 4320, § 1, 6-23-03)

Sec. 8-24. Information required.

No license or renewal license shall be issued for any dog over three (3) months of age until the applicant shall show the age, breed, sex, color, and other identifying characteristics of the dog for which the license is sought. In addition to identifying characteristics, no license or renewal license shall be issued unless the owner can provide proof of a rabies vaccination within three years of the date of the license application. (Ord. No. 3431, § 4, 3-20-78; Ord. No. 3479, § 2, 1-2-79; Ord. No. 3927, § 12, 11-7-88; Ord. No. 3994, § 6, 3-4-91; Ord. No. 4095, § 1, 4-4-94; Ord. No. 4320, § 2, 6-23-03)

Sec. 8-25. Annual license fee.

(a) After providing the information required in section 8-24 of this article, the license fee for dogs for each calendar year or part thereof shall be as follows:

Per year, registered seeing
eye dog

No charge

Per year, neutered dog

$ 8.00

Per year, unneutered dog

25.00

For lifetime license, neutered dog

25.00

For lifetime license, unneutered dog

50.00

Dangerous dog

100.00

Replacement tag (including dogs licensed elsewhere and for which license is applied for within sixty (60) days of locating within the city)

2.00

Kennel, per year

25.00

(b) All licenses shall expire on the 31st day of December of the year for which they are issued. A license for the succeeding calendar year can be obtained prior to the expiration of the current year’s license but shall not be effective until the expiration of the current license. No part of any dog license fee shall be refundable. (Ord. No. 3431, § 5, 3-20-78; Ord. No. 3479, § 3, 1-2-79; Ord. No. 3513, § 1, 12-10-79; Ord. No. 3927, § 13, 11-7-88; Ord. No. 4095, § 1, 4-4-94; Ord. No. 4119, § 1, 2-6-95; Ord. No. 4320, § 3, 6-23-03)

Sec. 8-26. Veterinary hospital and animal shelter exempt from license requirement.

No dog license fee pursuant to section 8-25 above shall be required of any veterinary clinic or veterinary hospital or of any dog belonging to a law enforcement agency acting within the city limits. Animal shelters under contract with the city shall be exempt from individual dog licensing under section 8-25. (Ord. No. 3431, § 6, 3-20-78; Ord. No. 3927, § 14, 11-7-88; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-27. License tag – Issuance; duration; duplicates.

Upon payment of the required license fee, and upon proof of required rabies inoculation, the city treasurer or designate shall issue a license to the person applying therefor, which license shall remain in force until December 31st of that year. The treasurer shall furnish with such license a metal tag which shall be stamped with a number corresponding to the number of such license and the year for which it is issued. Such tag shall be appended to a collar to be worn by the dog at all times. If a dog tag is lost or destroyed, a duplicate tag shall be issued upon a showing of payment of the license fee for the current year and the payment of two dollars ($2.00) for a duplicate tag. (Ord. No. 3431, § 7, 3-20-78; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-28. Same – Prohibited acts.

It shall be unlawful for any person to remove, steal, mutilate, or destroy the license identification tag of any dog. It shall be unlawful for any person to refuse to show or exhibit, at any reasonable time, to any animal control officer or police officer any dog in his or her possession or custody, or to show any license or identification tag issued therefor. (Ord. No. 3431, § 8, 3-20-78; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-29. Same – Transfer of ownership.

It shall be unlawful for any person to use any license tag for any dog other than the one for which it is issued. If there is a change of ownership of a licensed dog, the new owner shall apply for and obtain a new license. (Ord. No. 3431, § 9, 3-20-78; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-30. Revocation of license.

(a) The city treasurer may, after ten (10) days’ written notice, revoke any license if the person holding the license fails or refuses to comply with any provision of this article.

(b) Any person whose license is revoked shall, within ten (10) days thereafter, remove the dog from the city or humanely dispose of the dog, and no part of the license fee shall be refunded.

(c) It shall be a condition of the issuance of any dog license that any police officer or animal control officer shall be permitted to inspect all dogs, at any reasonable time, and, if permission for such inspection is refused, the dog license shall be revoked.

(d) The withholding or falsification of any required information on an application shall be grounds for refusal to issue a license or for revocation of a license which has been issued.

(e) A person who has been denied a license may reapply for a license, but shall pay an additional ten dollar ($10.00) fee therefor. (Ord. No. 3431, § 10, 3-20-78; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-31. Dogs at large.

It shall be unlawful for any person to cause, permit, or allow a dog or dogs, owned, harbored, controlled, or kept by him or her, to roam, run, or stray away from the premises in which the dog or dogs are owned, harbored, controlled, or kept, except where the dog or dogs are kept under control by means of a leash or chain not exceeding eight (8) feet in length by the owner or other person. A leash or chain shall not be required for a dog which is securely confined in any vehicle. Every female dog in heat shall be confined in a building or secure enclosure in such a manner that such female dog cannot come in contact with another dog except for planned breeding. (Ord. No. 3431, § 11, 3-20-78; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-32. Offenses.

No person owning, harboring, controlling or keeping any dog shall permit the dog to do any of the following acts:

(1) Behavior described in levels 1 through 3 (see definition for “dangerous dog” in section 8-22).

(2) Scatter garbage, refuse or debris.

(3) Chase any person, vehicle or animal.

(4) Deposit fecal material on any property not that of its owner or custodian without the owner or custodian immediately removing it.

(5) Bark, howl or otherwise cause noise which disturbs or is likely to disturb the peace and quiet of any person.

(6) Trespass upon the property of another person. (Ord. No. 3431, § 12, 3-20-78; Ord. No. 3927, § 15, 11-7-88; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-33. Prohibited acts.

(a) No person shall keep or harbor within the city any dog whose behavior is established to be level 3, as defined in section 8-22 above.

(b) No person shall keep, harbor or maintain a dog or dogs within the city in such a manner that the keeping of the same results in a nauseous, foul or offensive condition.

(c) No owner or custodian of a dog shall fail to provide it with adequate food, water, shelter and necessary veterinary care which shall include a rabies vaccination every three (3) years.

(d) No person shall beat, cruelly ill-treat or abuse any dog.

(e) No person shall train any dog to exhibit level 3 behavior as defined by this code. (Ord. No. 3431, § 13, 3-20-78; Ord. No. 3927, § 16, 11-7-88; Ord. No. 3994, § 7, 3-4-91; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-34. Kennels.

No person shall operate or maintain a kennel, except as authorized by the zoning ordinance, within the city of Lewiston, without first obtaining a license therefor. (Ord. No. 3431, § 14, 3-20-78; Ord. No. 3889, § 4, 12-7-87; Ord. No. 3911, § 2, 1-18-88; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-35. Impoundment generally.

Any dog found without a license or running at large, or in violation of any other provision of this article, may be impounded and placed in an animal shelter. Any officer taking such action or receiving an impounded dog shall make a registry of such action, entering the breed, color and sex of such dog and any available license information. If the dog is licensed, an entry shall be made showing the name and address of the owner and the number of the license tag. If the owner is known or may be determined, the officer may, as an alternative, or in addition, to impoundment, issue to the owner or keeper of the dog an infraction citation and complaint in the form and manner prescribed by law. (Ord. No. 3431, § 15, 3-20-78; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-36. Interference with impoundment.

(a) No person shall interfere with, hinder, delay or impede a police officer or animal control officer in the enforcement of the provisions of this article.

(b) No person shall falsely represent to any police officer or animal control officer his or her address, nonownership of impounded dogs or other required information. (Ord. No. 3431, § 16, 3-20-78; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-37. Disposition of dangerous dogs.

Whenever it shall reasonably appear to an officer, attempting to impound a dog under the provisions of this article, that such dog is dangerous to other persons and if capture cannot be effected safely and promptly, said officer is authorized to destroy the dog. (Ord. No. 3431, § 17, 3-20-78; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-38. Notice of impounding.

Not later than forty-eight (48) hours after the impounding of any dog, the owner, keeper or lawful custodian of the dog, if known, shall be notified in person of said impoundment. After notice, the owners, keeper or lawful custodian of the dog shall have four (4) days to redeem or file a notice of appeal for said dog, describing the animal and the place and time of taking. If the said dog is unclaimed, or an appeal is not filed after notice is given, the dog will be subject to the provisions of section 8-40, disposition of unclaimed dogs. If the owner, keeper or lawful custodian of the dog is unknown, written notice describing said dog shall be posted for not less than five (5) calendar days at the animal shelter. Notice shall include whether the dog has been declared dangerous and the level of dangerousness assigned. (Ord. No. 3431, § 18, 3-20-78; Ord. No. 3927, § 17, 11-17-88; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-39. Redemption of impounded dogs.

The owner, keeper or lawful custodian of any dog impounded under the provisions of this article may reclaim such dog within six (6) days, or, if the dog is under quarantine restrictions, ten (10) days; provided that said dog shall be released to the owner or custodian only upon payment of the dog license fee, if unpaid, and all impoundment charges and costs of maintaining said dog, which charges shall be as follows:

Within any Twelve-Month Period

Licensed Dog

Unlicensed Dog

First impoundment

$ 15.00

$ 30.00

Second impoundment

50.00

65.00

Third impoundment

75.00

95.00

Fourth impoundment

100.00

115.00

Fifth impoundment

125.00

140.00

In addition to the above impoundment charges, the owner, keeper or custodian reclaiming a dog shall pay all kennel and board fees and any veterinarian fees incurred by the animal shelter. (Ord. No. 3431, § 19, 3-20-78; Ord. No. 3927, § 18, 11-7-88; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-40. Disposition of unclaimed dogs.

All impounded dogs, if unclaimed, shall be kept six (6) days. If, at the expiration of such time, such animal shall not have been reclaimed, the animal may be placed in a suitable home or be humanely euthanized. Except in the case of dangerous or diseased dogs and untreated dogs infected with fleas, ticks, lice, or mange, dogs not reclaimed after the expiration of six (6) days may be released to any person desiring to take the dog and provide it with shelter and veterinary care, upon obtaining a license, as provided by this article, and the payment of fees and charges. If the dog is released to any person other than the owner, the person to whom the dog is released shall be deemed a purchaser of such dog; and all rights and interest of the former owner in said dog shall terminate. (Ord. No. 3431, § 20, 3-20-78; Ord. No. 3927, § 19, 11-7-88; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-41. Quarantine.

Any dog which bites and breaks the skin of any person shall be quarantined for ten (10) days at the Lewis Clark Animal Shelter or a veterinary clinic or hospital. The owner shall be responsible for all costs of quarantine. Such dog shall be securely confined within an enclosure from which it cannot escape and which is not accessible to the public. The animal control officer shall maintain a record of every animal which bites a person without provocation. (Ord. No. 3431, § 21, 3-20-78; Ord. No. 3927, § 20, 11-7-88; Ord. No. 3994, § 8, 3-4-91; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-42. Destruction of dangerous or diseased dogs.

Any dangerous dog impounded under the provisions of this article, or any animal which has bitten any person and, after examination by a veterinarian, is found to have rabies or other disease rendering said animal dangerous to persons, shall be destroyed. (Ord. No. 3431, § 22, 3-20-78; Ord. No. 3927, § 21, 11-7-88; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-43. Offenses; civil infractions and misdemeanors; penalties.

(a) Any person or entity which violates the provisions of sections:

8-2, Running at large;

8-7, Driving herds through city;

8-27, Dog license required;

8-28, License tag – Prohibited acts;

8-29, License tag – Transfer of ownership;

8-31, Dogs at large;

8-32(2) – (6), Acts prohibited;
shall be deemed to have committed a civil infraction and for each violation shall be fined not to exceed the sum of forty-five dollars ($45.00). In lieu of a court appearance any person or entity charged with having committed a civil infraction prohibited by the provisions set forth in this subsection may forfeit to the Nez Perce County Court a penalty in the sum of forty-five dollars ($45.00).

(b) The violation by any person or entity of the following sections shall be a misdemeanor, punishable by a fine not to exceed three hundred dollars ($300.00), or imprisonment for not to exceed six (6) months, or both such fine and imprisonment:

8-9, Cruelty, killing and otherwise mistreating animals;

8-12, Wild or dangerous animals;

8-32(1), Dangerous dog;

8-33, Prohibited acts;

8-34, Kennel license required;

8-36, Interference with impoundment;

8-45, Dangerous dog registration;

8-47(a), Other acts prohibited;

8-47(b), Abandonment of animal.

 

Minimum

Maximum

First offense

$ 150.00

$ 300.00

Second offense

200.00

300.00

Third offense

250.00

300.00

Fourth and subsequent offenses

300.00

300.00

(Ord. No. 3431, § 23, 3-20-78; Ord. No. 3927, § 22, 11-7-88; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-44. Additional remedies.

Any violation of this article which continues for more than twenty-four (24) hours is hereby declared to be a public nuisance; and, in addition to any other civil or criminal remedies, the city may cause such condition to be abated in the manner provided by law. (Ord. No. 3431, § 24, 3-20-78; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-45. Dangerous dog registration.

(a) No owner may keep a dangerous dog, except a dog used by law enforcement officers for police work, without a certificate of registration issued under this chapter. The certificate of registration shall be acquired within fourteen (14) days from the incident giving rise to the classification or within fourteen (14) days of termination of any criminal action.

(b) No dog which has been declared or determined a dangerous dog or has exhibited level 2 behavior (see definition of “dangerous dog” in section 8-22) outside the Lewiston city boundaries shall be retained within the city limits without a dangerous dog certificate of registration. Official records from appropriate enforcement agencies may be used to establish the character of any dog being brought within the boundaries of the city.

(c) The animal control authority of the city shall issue a certificate of registration to the owner of a dangerous dog upon payment of the fee set forth in section 8-25 if the owner presents to the authority sufficient evidence of:

(1) A proper enclosure to confine a dangerous dog; and

(2) The posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property, and a sign with a warning symbol that informs children of the presence of a dangerous dog; and

(3) A surety bond issued by a surety insurer, qualified under the Idaho Code, in a form acceptable to the animal control authority, in the sum of at least fifty thousand dollars ($50,000.00), payable to any person injured by the dangerous dog; or

(4) A policy of liability insurance, such as homeowner’s insurance, issued by an insurer, qualified under the Idaho Code, in the amount of at least fifty thousand dollars ($50,000.00), insuring the owner for any personal injuries inflicted by the dangerous dog. (Ord. No. 3927, § 23, 11-7-88; Ord. No. 3994, § 9, 3-4-91; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-46. Appeal.

(a) The owner of a dog declared to be dangerous shall have three (3) days (excluding weekends and holidays) to file a written appeal of the declaration with the chief of police for termination of criminal action. The chief of police (or designee) shall have the power to order an investigation pertaining to the harboring of any dangerous dog and shall have the power to order the destruction of any dog. The chief, or his designee, may cause the dangerous dog to be taken into custody for destruction, which action shall set the basis for the determination that the dog is dangerous. Notice of this decision shall be given to the owner, keeper or lawful custodian in writing, as provided for in section 8-38. The owner of the dog shall then have two (2) days (excluding weekends and holidays) to file a written appeal of the decision with the chief of police. The appeal shall be heard by a three-member commission selected by the police department from a nine-person pool for a two-year term within five (5) days (excluding weekends and holidays) of the appeal. Such appeal shall be a de novo hearing and the appellant shall have due process rights similar to those available in city personnel hearings.

(b) In determining whether a dog is dangerous, the fact finder shall consider past incidents, provocation for the bite, whether the attack occurred on the premises where the dog resided, the legal status of the victim on the premises and any other fact or allegation which might have justified the attack.

(c) The written decision of the city manager (or other officer) on appeal shall be final (unless stayed by court action) and shall be implemented, unless the decision is appealed to the local district court within two (2) days (excluding weekends and holidays).

(d) Any impoundment fees incurred during this period shall be paid for by the owner of the dog, except when said dog is found not dangerous on appeal or by a competent court. (Ord. No. 3927, § 24, 11-7-88; Ord. No. 3994, § 10, 3-4-91; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-47. Other acts prohibited under articles I and II of this chapter.

(a) No person shall willfully open any door or gate on any private premises or unleash or coax away any dog or animal for the purpose of enticing or enabling any dog or other animal to leave such private premises and be at large as defined in section 8-22.

(b) No persons shall abandon any dog, cat or other animal by dropping off or leaving such animal on any public street, alley, sidewalk or in any city park or playground, or other public place or building, or on the premises of another. (Ord. No. 3927, § 25, 11-7-88; Ord. No. 4095, § 1, 4-4-94)

Sec. 8-48. Dog parks.

(a) This section applies to all dog parks located within the city limits that are operated by the city of Lewiston.

(b) All dog parks shall be open during daylight hours, from sunrise to sunset.

(c) Use of the dog parks shall be at each individual’s own risk. Dog owners and handlers shall be responsible for the actions and behavior of dogs under their care and control and shall be liable for any damage or injury inflicted by dogs under their care and control. The city of Lewiston shall not be liable or responsible for any damage or injury that occurs in a dog park. Dog park users assume all risk associated with use of a dog park and shall hold the city of Lewiston, its officers, agents, and employees harmless for any injury or damage caused by dogs or humans while accessing or using a dog park.

(d) The following rules apply to all dog parks operated by the city of Lewiston:

(1) All dogs must be on a leash and collar while entering and exiting the dog park. Dogs are not required to be on a leash while in the fenced area of the dog park.

(2) Dogs must be under the control of the owner or handler at all times. Dog owners and handlers must be physically capable of controlling their dogs and must prevent aggressive behavior, biting, fighting, and aggressive biting.

(3) Dogs showing any aggression must be leashed and immediately removed from the dog park. Dogs with a known history of aggressive or dangerous behavior are prohibited from the dog park.

(4) Each person aged thirteen (13) years and older may have up to a maximum of two (2) dogs in the dog park at any given time.

(5) Dog owners and handlers shall carry one (1) leash per dog under their control.

(6) No dog may be left unattended in the dog park. Dogs must be within view and voice control of the owner or handler at all times.

(7) Dogs under six (6) months of age are not allowed in the dog park.

(8) Dogs must have current vaccinations and license.

(9) Dogs must be healthy and free of contagious diseases and parasites.

(10) Appropriate dog toys are allowed, but dog toys that are edible, such as rawhides and bones, are not allowed in the dog park.

(11) Dogs in heat are not allowed in the dog park.

(12) Dog owners and handlers shall pick up and dispose of their dog’s waste.

(13) Dog owners and handlers shall repair any damage caused by their dog, such as holes dug by their dog.

(14) Animals other than dogs are not allowed in the dog park.

(15) The small dog enclosure is only for dogs weighing less than thirty (30) pounds. No large dogs are permitted in the small dog enclosure.

(16) The large dog enclosure is for dogs weighing thirty (30) pounds or more. Small dogs are allowed in the large dog enclosure at their own risk.

(17) All children twelve (12) years of age and younger must be accompanied and supervised by an adult aged eighteen (18) years or older at all times while in the dog park.

(18) The dog park is subject to closure upon determination by the city that there is a reason deemed to be in the public’s interest or safety, or for maintenance purposes.

(19) Any person who violates these rules may be removed from the dog park and/or prohibited from returning to or using the dog park. (Ord. No. 4639, § 1, 11-30-15)


1

Cross reference – Animals on airport property, § 5-64.

State law reference – Powers of cities, Idaho Code, § 50-319.


2

Editor’s note – Ord. No. 3431, § 25, enacted March 20, 1978, repealed former Art. II, relative to dogs. Sections 1 – 24 of said ordinance are included herein as a new Art. II, §§ 8-21 – 8-44. Former Art. II was derived from the 1960 Code, §§ 5-14 – 5-16.1, 5-18 – 5-24.1, 5-26 – 5-35; Ord. No. 3216, § 1, adopted June 17, 1974; Ord. No. 3353, § 1, adopted March 14, 1977; and Ord. No. 3368, §§ 6 – 14, adopted May 23, 1977.