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TETON COUNTY, IDAHO <br />ORDINANCE 2017- O 22.7 <br />Amendment to Title 5, Chapter 1, Sections 2 and 4 <br />AN ORDINANCE OF TETON COUNTY, IDAHO AMENDING TITLE 5, CHAPTER 1, <br />SECTIONS 2 AND 4 OF THE COUNTY CODE; AMENDING THE DEFINITION OF <br />VICIOUS DOG TO COMPLY WITH SECTION 25-2810, IDAHO CODE; ELIMINATING <br />DEFINITION OF NUISANCE IN FAVOR OF MORE PARTICULAR DEFINITION IN <br />SECTION 5-1-4(A) OF THIS CHAPTER; ADDING A SECTION NUMBER; ELIMINATING <br />AN AMBIGUOUS REFERENCE TO IDAHO CODE; AND ESTABLISHING AN <br />EFFECTIVE DATE. <br />BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS, COUNTY OF <br />TETON, STATE OF IDAHO: <br />Section 1. The definition of "Vicious Dog" contained in Section 5-1-2 is amended as follows: <br />VICIOUS DOG: A dog which, when not provoked, approaches any person who is not <br />trespassing, in a vicious or terrorizing manner; or any dog which, when not provoked, physically <br />attacks, wounds, bites or otherwise injures a person or domestic animal who is not trespassing. <br />A dog is not a vicious dog if, at the time of aMroac h or injury, the dog was justifiably provoked. <br />Justifiable provocation includes but is not limited to the following: <br />(a) The dog was protecting or defending a person within the immediate vicinity of the dog <br />from an attack or assault; <br />(b) The person was committing a crime or offense upon the property of the owner or <br />custodian of the dog, <br />(c) The person was at the time or had in the past willfully tormented, abused or assaulted <br />the dog; <br />(d) The dog was responding to pain or injury or protecting its offspring; <br />(e) The dog -was working as a hunting dog herding dog or predator control dog on the <br />property of or under the control of its owner or keeper, and the damage or injury <br />sustained was to a person who was interfering with the dog while the dog was working in <br />a place where it was lawfully engaged in such activity, including public lands; <br />(� The dog was a service animal individually trained to do work or perform tasks for a <br />person with a disability; or <br />(g) The person was intervening between two (2) or more animals engaged in aggressive <br />behavior or fightih <br />Section 2. The definition of "Nuisance" contained in Section 5-1-2 is stricken as follows: <br />