06-1211 City Code Vicious Dog
CITY OF MERIDIAN ORDINANCE NO.
tJ6- /Z//
BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE
AN ORDINANCE AMENDING TITLE 6, CHAPTER 2, OF THE MERIDIAN
CITY CODE REGARDING DEFINITIONS OF VICIOUS DOGS; VOLUNTARY
DISPOSAL OF DOGS; DOGS ATTACKING PERSONS OR OTHER DOMESTIC
ANIMALS; AND OWNING OR KEEPING OF VICIOUS DOGS; PROVIDING
FOR REVIEW OF THE DECISION THAT DECLARES A DOG TO BE
VICIOUS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR A
SUMMARY; AND PROVIDING FOR A WAIVER OF THE READING RULES;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
Section 1. That Title 6, Chapter 2, of the Meridian City Code is amended to read
as follows:
6-2-1: DEFINITIONS:
As used in this Chapter, the following tenns shall be defined as in this Section provided:
VICIOUS DOG: Any dog, whieh BY tØ1Rperameat, disposition or aetion, is a threat to tho
safety, 'l/elfare or well being or any person. i\ny dog wbioh bites a persoa shall be
deemed ':ioious.
Any dog whose behavior or actions fall within the one or more ofthe following
definitions shall be declared a vicious dog,
A. Any dog which, when unprovoked, in a vicious or terrorizing manner, approaches anv
person in apparent attitude of attack, which placed a reasonable fear in such a person that
such violence was imminent, upon the streets, sidewalks. any public grounds or
places. or private property not owned or possessed by the owner of the dog; or
B. Any dog which, when unprovoked attacks or bites another person or other domestic
animal upon the streets. sidewalks. any public grounds or places. or private property not
owned or possessed by the owner of the dog; or
C. Any dog with a prior history or documented incidents of attack or biting of persons or
other animals. or disposition to attack unprovoked. to cause injury or to otherwise
endanger the safety of persons or other domestic animals; or
D. Any dog owned or harbored primarily or in part for the purpose of fighting or
attacking people or any dog trained for fighting or attacking of persons.
EXCEPTIONS: Notwithstanding the definition of a vicious dog above:
VICIOUS DOG ORDINANCE AMENDMENT
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I. No dog may be declared vicious if an injury or damage is sustained by a person
who. at the time of such injury or damage was sustained:
a) was committing a willful trespass or other crime or tort upon the premises
occupied by the owner ofthe dog (this does not require the owner to be present at
the time of the unlawful trespass or other crime); or
b) was teasing, tonnenting, abusing or assaulting the dog; or
c) was committing or attempting to commit a crime.
2. No dog may be declared vicious if the dog was protecting or defending a person
within the immediate vicinity of the dog from an unjustified attack or assault.
3. No dog owned. maintained. or kept for work as a law enforcement dog. either
currently or retired. may be declared vicious ifthe action that would be so defined by this
ordinance. took place while the dog was acting within its capacitv for law enforcement
purposes. (Ord. 379, 9-2-1980; amd. 1999 Code; Ord - 200S)
" 2 9: VOLUNTj..RY DISPOS}..L OF DOCS; FEE:
Tho Animal Control Offioor, at the request of any resideat, shall pick up and dispose of
any dog o'nnod or under the coatrol ofthat person, Tl:1e charge for this service shall be the
sum equivaleat to that incurred by the City for the disposition of that animal, but in no
eveHt less than five dollars ($S.QQ). This fee shall be paid at the time such a:nimal is
pieked up.
6-2-10: DOGS RUSDINC .\T PERSONS ATTACKING OR BITING PERSONS
OR OTHER DOMESTIC ANIMALS:
'-\11Y ovtner or keeper of a dog that rushes at any person, on a publie right ohvay;
la'.vfully on aNY property, public or private; Ray postal, utility or City employee duriag
the COlKse of their ømploymeat; or aay cyclist or motor vøl:1icle, shall keep such dog
confined or tethered ia such a manner as to prevent such RotioÐ by said dog,
Any owner, keeper. or person who has the care and custody of a dog that either:
A. when unprovoked. in a vicious or terrorizing manner. approaches any person in
apparent attitude of attack upon the streets. sidewalks. any public grounds or places, or
private property not owned or possessed by the owner ofthe dog; or
B. which, when unprovoked. attacks or bites another person or other domestic animal
upon the streets. sidewalks, any public grounds or places, or private property not owned
or possessed bv the owner ofthe dog;
shall be guiltv of a misdemeanor. In addition to any other penalty prescribed by law, the
City of Meridian may seize the offending dog pursuant to its ordinances. (Ord. 379, 9-2-
1980, Ord-200S)
6-2-20: OWNING OR KEEPING VICIOUS DOGS:
VICIOUS DOG ORDINANCE AMENDMENT
Page 2 of S
A. Keopiag and Containing: Any person being the o'.vner or keeper of any vicious dog
who shall pennit the same to run at large within the limits ofthe City shall be liable for a
civil pefla:1ty as may be s6t by the City, together \vith the (Jest of enforcement, and shall
be compelled to obtain alicønse f.or said dog for the currøRt year.
No person owning or keeping a vicious dog shall:
1. Allow or pennit the dog to gO beyond the premises of such person unless such
dog is securely leashed and muzzled.
2. Fail to securely confine the vicious dog. A dog is securely confined where it is
indoors with no access to the outside. or in a securely enclosed or locked pen or
structure on the premises with secure sides and top and where the sides are
secured to the bottom or embedded in the ground no less than two feet.
3. Allow the dog to be without the tag as required by this ordinance whether on
the owner's premises or not.
B. License: When a dog is declared vicious or is seized bv the City of Meridian, a
Vicious Dog License must be acquired and worn by the dog at all times. The license can
be purchased from the Meridian City Clerk. Meridian City Police. or Meridian Animal
Control. All the requirements of insurance and identification. as described in this section.
must be satisfied to acquire the license. If the license is not secured within the time
allowed for maintenance ofthe dog by the City of Meridian or other temporary custodian
of the dog designated by the City of Meridian, the animal may be disposed of pursuant to
this Code or City policy.
C. Insurance: All owners or keepers of a vicious dog must provide proof to the City
Clerk of liability insurance in a single incident amount of five hundred thousand dollars
($500.000.00) for bodilv injury to or death of any person or persons or for damage to
property owned by any person which may result from the ownership. keeping or
maintenance of such animal. Such insurance policy shall provide that no cancellation of
the policy will be made unless ten (10) days written notice is first provided to the City
Clerk.
D. Identification: All owners or keepers of a vicious dog must provide to animal control
two color photographs ofthe dog showing clearly the size and markings ofthe animal.
The animal must wear a collar at all times with a Vicious Dog License attached. as
required bv the City. securely affixed and clearly visible.
A violation of any section of this ordinance is a misdemeanor.
6-2-21: DUE PROCESS AFTER DOG DECLARED VICIOUS:
VICIOUS DOG ORDINANCE AMENDMENT
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A. If a dog is declared vicious under the definition of this ordinance by the City of
Meridian. the owner of the vicious dog may seek review of that decision by the Chief of
Police or designee prior to obtaining that dog's Vicious Dog License. Ifnot satisfied
with the detennination made by the Chief or designee. the owner may seek review by the
Citv Council. During the pendancy ofthe review hearings. the dog must be maintained
by the City of Meridian or other temporary custodian of the dog designated by the City of
Meridian.
B. If the owner of the dog wishes to seek review of a detennination that their dog is
vicious and subj ect to the requirements of this ordinance. the owner must follow the
following procedure:
1. File a Request for Review with the Meridian City Police or Meridian City
Animal Control;
2. A hearing will be scheduled within seven (7) working days of the receipt of
this request.
a. The hearing shall be infonnal. no rules of evidence shall apply. and the
owner shall be allowed to present any reasonable evidence as to why the
circumstances leading to the dog being declared vicious under this ordinance
should be re-evaluated.
b. The Chief or designee will hear all reasonable evidence and make a
finding upholding the original decision that the dog is vicious or rescinding that
decision.
c. The Chief or designee may establish procedures and time limits for the
hearing.
d. A brief written finding must be completed by the Chief or designee
within three (3) working days.
3. If the owner is unsatisfied with the decision. he or she may seek review of the
decision bv the City Council. The City Council shall conduct a de novo review.
following the same procedures and time limits established by the Chief or
designee. The City Council's decision shall be final.
C. If a dog is declared vicious, the owner must secure a Vicious Dog License and follow
all the other requirements as set forth in this ordinance. The owner shall be responsible
for all costs associated with maintaining the dog by the City during the pendancy of these
hearings.
D. Ifthe decision that the dog is vicious is rescinded. the owner will not be required to
acquire a Vicious Dog License. but he or she still must pay all costs associated with
maintaining the dog by the City during the pendency ofthe review hearings before the
dog can be released to its owner.
6-2-21~-: PENALTY:
VICIOUS DOG ORDINANCE AMENDMENT
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It shall be unlawful and punishable as a misdemeanor to violate any of the provisions of
this Chapter.
6-2-23: SEVERABILITY:
If any provision or section of this Ordinance shall be held to be invalid by a court of
competent jurisdiction, then such provision or section shall be considered separately and
apart from the remaining provisions or sections of this Ordinance. which shall remain in
full force and effect. (Ord. 379, 9-2-1980; amd. - 200S)
Section 2. That pursuant to the affinnative vote of one-half (1/2) plus one (1) of
the Members of the full Council, the rule requiring two (2) separate readings by title and
one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this
Ordinance shall be in full force and effect on and after March 1, 2006.
PASSED by the City Council of the City of Meridian, Idaho, this /7-r,&
day of <74';¡~ Þ7 , 2006.
V /7-11.-
APPROVED by the Mayor of the City of Meridian, Idaho, this -day
of ~~- ~ð ' 2006.
APPROVED:
-
VICIOUS DOG ORDINANCE AMENDMENT
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NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO.06- 1211
PROVIDING FOR AN AMENDMENT MERIDIAN CITY
VICIOUS DOGS ORDINANCE
An Ordinance of the City of Meridian amending Title 6, Chapter 2, of the Meridian
City Code regarding definitions of vicious dogs; voluntary disposal of dogs, dogs
attacking persons or other domestic animals, and owning or keeping vicious dogs; and a
procedure to review an administrative decision declaring a dog to be vicious.
A full text of this ordinance is available for inspection at City Hall, City of Meridian 33 East Idaho Avenue, Meridian, Idaho. This ordi4mli`" ome effective March 1, 2006 upon the passage and publication. ��`� ���;'
Mayor and City Council o he City of Meridian
By: William G. Berg, Jr., City Clerk v�
First Reading:m6 181
l l ?—Adopted'fi�t� 1 4
Rule as allowed pursuant to Idaho Code 50-902:��nz00 NO pension of the
Second Reading: Third Rea inu
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 06- ZL
The undersigned, William L.M. Nary, City Attorney of the City of Meridian,
Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of
the attached Ordinance No. 06
Z-- — of the City of Meridian, Idaho, and
has found the same to be true and complete and provides adequate once to the public
pursuant to Idaho Code § 50-901A (3).
DATED this 10 day, of January, 2006
William. L.M. Nary, Ci y
SUMMARY -VICIOUS DOG ORDINANCE AMENDMENT
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