Title 25 — ANIMALS

25-1909. Stealing services of bull. It shall be unlawful for any person, without the consent of the owner, to take possession of any bull found running at large upon the open range and to confine the same in any inclosure for the purpose of obtaining service therefrom. And in any…

25-1910. Civil damages and other penalties upon theft or unlawful destruction of furbearing animals raised for commercial purposes or livestock. (1) In addition to the criminal penalties that may be imposed upon a person convicted of theft or unlawful destruction of furbearing an…

25-2001. Leases to be in writing and recorded. All leases of more than ten (10) head of livestock must be in writing and must be acknowledged in like manner as grants of real property, and recorded in the county recorder’s office or offices, for the same fee as required by sectio…

25-2101. Hogs need not be fenced against. The owner or occupant of premises is not required to fence against hogs.

25-2107. Ranging hogs or goats in towns or settlement unlawful. Any person who wilfully or negligently permits any hog or goat owned by him, or in his care or custody, to be or run at large without a drover within the limits of any city, town, or village, or in the vicinity of an…

25-2108. Stallions not permitted to run at large. The owner of any stallion over the age of eighteen (18) months must not allow the same to run at large, unless it is of the market cash value of $250, or more, and is at such value assessed.

25-2109. Stallions running at large — Penalty for violation. If any stallion of less than $250 market cash and assessed value, ridgeling, or any unaltered male mule or jackass over the age of eighteen (18) months be found running at large, the owner must be fined for the first of…

25-2110. Stallion may be taken up. Any person may take up and safely keep any such stallion, mule, ridgeling or jackass found running at large or in his inclosures; and, when so found, must give the owner thereof five (5) days’ notice that such animal is in his possession; and if…

25-2111. Stallions taken up — Notice and sale. If the owner or claimant of any stallion, ridgeling, unaltered male mule or jackass be unknown, the taker-up must give ten (10) days’ notice, with the description of the animal or animals, its marks or brands, by posting up at least …

25-2112. Ranging stock in towns unlawful. It shall be unlawful for any person or persons owning livestock, or the agent or employee of such person or persons, to allow any cattle, horses, sheep or hogs to range or graze within the platted limits of any incorporated town or villag…

25-2113. Penalty for ranging stock in towns. Any person or persons, or the agent or employee of such person or persons, violating the provisions of the last section, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum of not less than fiv…

25-2114. Ranging stock in towns — Duties of officers. It is hereby made the duty of any sheriff, deputy sheriff, or constable, to complain against and prosecute any person or persons violating the above sections.

25-2115. Ranging sheep in unincorporated municipalities unlawful. Any person who wilfully or negligently permits any sheep owned by him, or in his care or custody, to be or run at large without a drover within the limits of any unincorporated city, town or village, or who wilfull…

25-2116. Registered bulls — Failure to provide on range — Penalty. During the breeding season every user of the public range shall place upon the range used by him a registered bull of beef breed not less than fifteen (15) months of age nor more than eight (8) years of age for ev…

25-2117. Breeding season defined. The term "breeding season," as used in the preceding section, shall be construed according to the local custom upon that range.

25-2118. Animals on open range — No duty to keep from highway. No person owning, or controlling the possession of, any domestic animal running on open range, shall have the duty to keep such animal off any highway on such range, and shall not be liable for damage to any vehicle o…

25-2119. Owner or possessor of animal not liable for animal on highway. No person owning, or controlling the possession of, any domestic animal lawfully on any highway, shall be deemed guilty of negligence by reason thereof.

25-2201. Special lien on trespassing animals. Any person having a field of enclosure with a "lawful fence" as described in chapter 1, title 35, Idaho Code, entirely surrounding the field or enclosure shall have a special lien upon, and may take up any domestic livestock such as c…

25-2202. Perfecting lien. In order to perfect such a lien the person claiming it shall within twenty-four (24) hours of taking up the livestock, notify the owner, if known, and the county sheriff and local state brand inspector by the best means available. The sheriff and brand i…

25-2203. Appointment of viewers. Within two (2) days after taking up the livestock the person claiming the lien shall appoint one (1) viewer. The owner of the livestock, if known, or if the owner is unknown or cannot be found, or refuses to make such appointment within three (3) …

25-2204. Determinations of viewers. It shall be the duty of the viewers by majority vote to determine within three (3) days after the appointment of the third viewer whether the person claiming the lien has a "legal fence" within the provisions of chapter 1, title 35, Idaho Code,…

25-2205. Findings of amount due. The viewers may either determine the amount due to the lienholder as above provided for or refuse to make such a finding if the enclosure does not have a "legal fence" surrounding it, or award a nominal amount if it appears that there are minimal …

25-2206. Enforcement of finding. If the viewers make any finding under this chapter, enforcement of that finding may be either by a sale as provided under the estray law, chapter 23, title 25, Idaho Code, where the finding is against the livestock owner, or by court action.

25-2207. Sale and distribution of proceeds. If the owner of the livestock cannot be found or is unknown, or if the owner of the livestock fails or refuses to pay any amount found against him within thirty (30) days after the viewers make such finding, such livestock may be sold i…

25-2208. Livestock not to be moved. The livestock shall not be moved out of the county where the enclosure is to be found without the written approval of all three (3) viewers or upon court order.

25-2209. Court proceedings. If either the person claiming the lien or the person owning the livestock commence any civil action in court in regard to the seizure of the livestock, the "viewer" proceedings taken under this chapter may be terminated by the court or the court may re…

25-2210. Penalties. Removal of the livestock from the custody of the sheriff, brand inspector or any person holding the livestock for the sheriff or brand inspector without payment in full of all charges or costs that have been incurred under this chapter shall be a misdemeanor a…

25-2211. Viewers’ qualifications. The viewers provided for by this chapter shall not be related to the person appointing that viewer by consanquinity or affinity within the second degree under the civil system of determining relationship.

25-2301. Stray or estray defined. Stray or estray means any livestock whose owner is unknown or cannot be located, or any livestock whose owner is known but who permits livestock to roam at large on public or private lands contrary to law or regulation and without permission. Not…

25-2302. Duty of sheriff or brand inspector. When a sheriff or brand inspector finds stray livestock or stray livestock are reported to him, he shall attempt to locate the owner and to notify the owner where the livestock may be found. If the owner refuses to, or does not take po…

25-2303. Notification. If a recognized brand or mark is found on stray livestock, the owner shall be notified by the best method available. If an unrecognized brand or brands or other marks are found on stray livestock, the local brand inspector or the state brand board shall be …

25-2304. Notice of sale. Notice of the sale shall be given by advertising the stray livestock for sale at least twice in a daily newspaper of general circulation in the area where the livestock was found and is being held. The notice shall describe the livestock by giving number,…

25-2305. Notice of sale to owner. If the owner of the stray livestock is known and can be located, a copy of the notice of sale shall be served upon the owner at least fifteen (15) days before the date of the sale. Service of the notice may be made by certified or registered mail…

25-2306. Claiming of stray livestock. The owner of the stray livestock may take possession of the livestock at any time prior to sale by proving ownership and paying the costs relative to taking up and caring for the animal or animals and the costs of advertising, inspection, etc…

25-2307. Removal without payment prohibited. Removal of the estray livestock from the custody of the sheriff, brand inspector or any person holding the estray livestock for the sheriff or brand inspector without payment in full of all charges or costs that have been incurred unde…

25-2308. Sale of unclaimed animals. If the owner of stray livestock does not claim the animals before the day of sale or if the owner is unknown or cannot be located, the sheriff or brand inspector shall have the livestock sold pursuant to the notice of sale and shall execute and…

25-2309. Charges for care, advertising and sale. The sheriff, brand inspector, or person authorized by either of them to feed and care for stray livestock shall receive all actual expenses incurred; but food and care shall not be charged at a rate to exceed five dollars ($5.00) p…

25-2310. Disposition of worthless estrays. If in the judgment of a sheriff or brand inspector estray livestock is of no value or its value would be less than the cost of feed, care and sale of the livestock under this chapter, the sheriff or brand inspector may dispose of the liv…

25-2311. Sale by brand inspector. If the estray livestock is sold by a brand inspector, he shall immediately advise the state brand inspector of all the particulars of the matter and account for the proceeds and forward the net proceeds of the sale to the state brand inspector to…

25-2312. Sale by sheriff — Subsequent claims. If the estray livestock is sold by a sheriff, after deducting the costs provided for by this chapter, particularly by section 25-2309, Idaho Code, the net proceeds of the sale shall be forwarded to the county treasurer and the county …

25-2313. WILLFULLY and wantonly ALLOWING ESTRAYS — Damage. (1) A person who willfully and wantonly allows livestock under his control to stray as defined in section 25-2301, Idaho Code, shall be: guilty of an infraction and subject to a fine of two hundred fifty dollars ($250) fo…

25-2401. Commissioners may create herd districts. (1) The board of county commissioners of each county in the state shall have power to create, modify or eliminate herd districts within such county as hereinafter provided; and when such district is so created, modified or elimina…

25-2402. Petition and requirements for district. (1) A majority of the owners of taxable real property, including corporations, in any area or district described by metes and bounds and who are also domiciled and resident in the state of Idaho, may petition the board of county co…

25-2403. Notice of hearing petition. It shall be the duty of the board of county commissioners, after such petition has been filed, to set a date for hearing said petition, notice of which hearing shall be given by posting notices thereof in three (3) conspicuous places in the pr…

25-2404. Order creating district. At such hearing, if satisfied that a majority of the landowners owning more than fifty percent (50%) of the land in said proposed herd district who are resident in, and qualified electors of, the state of Idaho are in favor of the enforcement of …

25-2405. Fences on agricultural lands adjacent to public domain — Cattle guards. The board of county commissioners shall provide as a condition in any order creating a herd district which may hereafter be made that any agricultural lands in the proximity of public domain where ca…

25-2406. Limitation on powers of commissioners. The provisions of sections 25-2401 and 25-2405 shall not be construed to confer upon the board of county commissioners any jurisdiction over animals otherwise prohibited from running at large under existing laws.

25-2407. Violation of commissioners’ order — Civil liability. Any person who shall, in violation of any order made pursuant to the provisions of section 25-2404, Idaho Code, permit or allow any of the animals designated in such order, owned by him or under his control, to run at …

25-2408. Civil liability. The owner of animals permitted or allowed to run at large, or herded in violation of any order made in accordance with the provisions of section 25-2404, shall be liable to any person who shall suffer damage from the depredations or trespasses of such an…

25-2409. Trespassing animals may be taken up. Any person may take into custody any of the animals specified in the said order of the board of commissioners that may be about to commit a trespass upon the premises owned, occupied or in charge of such person, and retain the same un…