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Title 05 Amendment adopted 02-27-17TETON COUNTY, IDAHO ORDINANCE 2017- O 22.7 Amendment to Title 5, Chapter 1, Sections 2 and 4 AN ORDINANCE OF TETON COUNTY, IDAHO AMENDING TITLE 5, CHAPTER 1, SECTIONS 2 AND 4 OF THE COUNTY CODE; AMENDING THE DEFINITION OF VICIOUS DOG TO COMPLY WITH SECTION 25-2810, IDAHO CODE; ELIMINATING DEFINITION OF NUISANCE IN FAVOR OF MORE PARTICULAR DEFINITION IN SECTION 5-1-4(A) OF THIS CHAPTER; ADDING A SECTION NUMBER; ELIMINATING AN AMBIGUOUS REFERENCE TO IDAHO CODE; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS, COUNTY OF TETON, STATE OF IDAHO: Section 1. The definition of "Vicious Dog" contained in Section 5-1-2 is amended as follows: VICIOUS DOG: A dog which, when not provoked, approaches any person who is not trespassing, in a vicious or terrorizing manner; or any dog which, when not provoked, physically attacks, wounds, bites or otherwise injures a person or domestic animal who is not trespassing. A dog is not a vicious dog if, at the time of aMroac h or injury, the dog was justifiably provoked. Justifiable 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; (� 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 fightih Section 2. The definition of "Nuisance" contained in Section 5-1-2 is stricken as follows: Section 3. Section 5-1-4(A) is amended as follows: A. Nuisances. 1. Noisy Dog: It is a violation of this chapter for any owner of a dog to fail to exercise the reasonably necessary proper care of his/her animal in order to prevent it from disturbing the peace and quiet of persons residing in the neighborhood by allowing such dog to continue barking, howling and/or whining, audible beyond the property line of the premises on which the dog is located, for more than thirty (30) minutes. If it is determined that there is a prowler or something taunting the animal, a notice of violation will not be issued. 2. Dogs at Large: It is a violation of this chapter for any person who owns, harbors or possesses a dog, whether licensed or not, to allow such dog to be at large, as defined by this Chapter, upon the streets or alleys of the County, or in any public place in the County, except for designated off -leash areas, or upon any other premises within the County without the consent of the person in possession of such premises. . 3. Female Dogs in Heat: Each female dog, when in heat, shall be under control or penned or enclosed in such a manner as to preclude at large dogs from contacting such female dog. 4. Unneutered Dogs at Large: It is a separate violation of this chapter for any owner of any unneutered dog that is found to be at large. 5. Failure to Remove Waste: It shall be unlawful for any person who owns, possesses or controls a dog to fail to promptly remove and dispose of any feces left by his/her dog on any sidewalk, street or public owned property or private property (other than the property of the owner of the dog or of a person who has consented to the presence of the dog on his/her property). This provision shall not apply to an assistance dog accompanying a handicapped person who, by reason of his/her disability, is unable to remove and properly dispose of the feces. Section 4. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS, TETON COUNTY, IDAHO, this day of VetirucLr , 2017. Ricks, Chairman of the Board Mary Lou Hanslen, County Clerk