Dogs running at large — 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.
Notes of Decisions
Melene James v. City of Boise, 376 P.3d 33 (Idaho 2016).
· cites it 17× “r county, nor any peace officer employed by any of them, shall be criminally liable under the provisions of section 25-2805, 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…”
Whitney L. Bright v. Roman Maznik, 396 P.3d 1193 (Idaho 2017).
· cites it 12× “Persons guilty of a violation of this subsection, and in addition to any liability as provided in section 25-2806, Idaho Code, shall be guilty of a misdemeanor.”
Stephen Boswell v. Amber Dawn Steele, 348 P.3d 497 (Idaho Ct. App. 2015).
· cites it 10× “Likewise, the court concluded the Idaho Code section did not apply because the dog was provoked.”
Boots Ex Rel. Boots v. Winters, 179 P.3d 352 (Idaho Ct. App. 2008).
· cites it 8× “At oral argument, the Bootses also asserted for the first time on appeal that the Winterses had a statutory duty pursuant to I.C. § 25-2805(2). A landowner may be liable under a theory of negligence per se where the landowner violates a statutory duty.”
Melene James v. City of Boise, 351 P.3d 1171 (Idaho 2015).
· cites it 17× “r county, nor any peace officer employed by any of them, shall be criminally liable under the provisions of section 25-2805, 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…”
— Idaho Code § 25-2805(2) — 2 cases
Whitney L. Bright v. Roman Maznik, 396 P.3d 1193 (Idaho 2017).
“Persons guilty of a violation of this subsection, and in addition to any liability as provided in section 25-2806, Idaho Code, shall be guilty of a misdemeanor.”
Boots Ex Rel. Boots v. Winters, 179 P.3d 352 (Idaho Ct. App. 2008).
“At oral argument, the Bootses also asserted for the first time on appeal that the Winterses had a statutory duty pursuant to I.C. § 25-2805(2). A landowner may be liable under a theory of negligence per se where the landowner violates a statutory duty.”
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