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HomeMy WebLinkAboutOrdinance 81- 1085 Animal control regulations; repeals Orals. 822, 957, 937 and 1035 .. 1,57 ORDINANCE NO. 1085 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A DOG AND ANIMAL CONTROL LAW BY REGULATING THE KEEPING OF DOGS AND OTHER ANIMALS; FOR INSPECTION AND PREVENTION OF RABIES IN DOGS; DEFINITIONS; LICENSING AND REGISTRATION; TAG AND COLLAR; NUMBER OF DOGS; ANIMALS AT LARGE; NUISANCE ANIMALS; IMPOUNDING OF DOGS; NOTICE AND REDEMPTION; DISPOSITION OF I UNREDEEMED ANIMALS; INVESTIGATION PROCEDURE; SEVERABILITY CLAUSE; AND REPEALING ORDINANCE NOS. 822,;_857,937 and 1035 OF THE CITY OF BOZEMAN, MONTANA. BE IT ORDAINED BY THE CITY COMMISSION. OF THE CITY OF BOZEMAN, MONTANA, AS FOLLOWS: SECTION 1 DEFINITIONS As used in this chapter, unless the context otherwise indicates, the fOllowing terms shall have the meaning ascribed to each: IIAnimal Shelterll means any premises p,rovided by the City and maintained by the poundmaster for impounding and caring for dogs and other animals, or any facility which contracts with the City to provide such services. IIAt largell means off the premises of the owner or keeper of said animal and not under the leash control of a competent person. IICrueltyll means the endangerment of life or health or to cause mental suffering or fear. IIHumanell means marked by compassion, sympathy or consideration. I IIKennel" means an establishment or place where more than two dogs.are kept, whether for breeding or otherwise. IINuisancell means an annoying or disturbing thing or practice. "Ownerll means any person, group of persons, or corporation owning, keeping or harboring a dog or dogs or other animals. IIPoundmasterll means the operator of the City animal shelter or any operator of a facil ity contracting with the City to provi de the servi ces of animal shelter. IITorturell means causing anguish or pain of body or mind. IIViciousll means having the nature or quality of being dangerously aggressive. SECTION 2 LICENSING AND REGISTERING Every person, other than owners or keepers of dog kennels, owning, keeping or harboring any dog over six months of age within the corporate limits of Bozeman, Montana', sha 11 cause said dog to be regi stered, numbered and li censedannua 11 y with the Department of Finance of said City, and shall pay for such license Five Dollars ($5.00) for each I neutered male dog and each spayed female dog, and ten ~ollars ($10.00) fo~ each unneutered male dog and unspayed female dog. No license shall be issued for a spayed female or neutered male without presentation of proof of such spaying or neutering. No license of any type shall be issued without proof of vaccination against rabies disease. The licenses herein provided shall be due and payable on January 1st of each year and delinquent on January 25th of each year and all licenses shall expire on December 31st of the year of issuance. ORDINANCE NO. 1085 158 SECTION 3 LICENSING AND REGISTERING On payment to the City of Bozeman of the amount of such license fee, it shall be the duty of <the clerk to issue a license to the person applying for the same, providing that all other requirements have been met, and the clerk shall provide and I furnish with each license a metallic tag upon which shall be stamped or engraved the the ~egister number of the dog and the year registered. The City shall keep a suitable record to be designated "Dog License Register", in which shall be recorded the data and number of such license and the name of the person to whom issued. Every owner of a dog within the City shall place and keep around the neck of each dog owned a.collar or harness to which shall be securely fastened the metalic tag issued to him by the City and to which shall also be attached a tag showing that said dog has been vaccinated for rabies. In the event that a dog tag is lost or destroyed, a duplicate shall be issued for the current year, and the payment of a fee of Two Dollars ($2.00) for such duplicate. No person shall use for any dog a license receipt, or license tag issued for another dog. SECTION 4 EXEMPTIONS The licensing and vaccination requirements of this Ordinance shall not apply to any dog belonging to a nonresident of the City and kept within the City for not longer than 15 days, provided all such dogs shall at all times while in the City be kept within a building, enclosure or vehicle., or be under leash restraint by a competent person. I SECTION 5 KENNEL LICENSE It is unlawful for any person, group of persons in the same dwelling, or family to keep, harbor, or maintain any number more than two (2) dogs over six months of age, in or upon any property, single-family rest'dence, apartment, townhouse, condonimium, or any building not used as a dwelling. Thi~ section shall not apply to licensed veterinarian hospitals, but it is intended to apply to keeping or maintaining a dog kennel, and breeding dogs, which are hereby declared to be nuisances, unless licensed after permission granted by the City Commission after application and hearing. Such hearing shall be held after investigation of the premises of said kennel by an Animal Control Officer, who shall make a recommendation to the City Commission. A kennel license shall be required where the applicant owns, harbors or keeps more than two (2) dogs and shall be authorized or refused in the sole discretion of the City Commission. The license fee shall be Fifty Dollars ($50.00) per calendar year, or any part thereof, and the license shall expire on the 31st day of December, unless sooner revoked., Upon I complaint being made to the City Commission that a licensed kennel is being operated in an "improper manner", the City Commission may revoke the license of said kennel, after a proper hearing and notice to the licensee. ORDINANCE NO. 1085 ., .1'59 SECTION 6 ANH1ALS AT LARGE The "owner or keeper" of any animal within the City 1 imits shall at all times prohibit and prevent said animal from being at large. At large means off the I premises of the owner of keeper of said animal, and not under the leash control of a competent person. SECTION 7 DOGS IN HEAT All female dogs, while in heat, shall be kept in a secure enclosed shelter or area in such a manner so as not to come in contact with male dogs except for planned breeding. SECTION 8 RABIES PREVENTION - VACCINATION - TAG All dogs and cats within the corporate limits of the City of Bozeman shall be vaccinated against the disease known as !'rabies". Upon vaccination of such dogs(s) and/or cat(s), the veterinarian shall issue to the owner or owners of said animals a certificate showing the inoculation,thereof, and shall keep a duplicate of such certificate, and shall issue a metaTHctag showing such vaccination and the date thereof. The owner shall cause said tag to be attached to a collar or harness on such animal. The Animal Control Officer or any Police Officer of the City shall have the right to dispose I or of any dog or dogs at large and unmuzzled in the City, not wearing a collar/harness on which is displayed the license tag and also the vaccination tag. The owner of any dog(s) and/or cat(s) who fails to comply with the requirements of this Ordinance in having his or herdog(s) and/or cat(s) vaccinated against rabies shall be quilty of /~ maintaining a nuisance and shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment in City or County jail not to exceed ninety (90) days or by both such fine and imprisonment. SECTION 9 QUARANTINE OF ANIMALS Every animal which bites a person shall be promptly reported to the Animal Control Officer. Any dog or other animal which has bitten any person shall be kept under quarantine under the direction and authority of the Animal Control Officer. Such quarantine shall be for a period of fourteen (14) days. If the owner of said animal has not appeared to claim said animal within ninety-six (96) hours of the beginning of such quarantine, said animal shall be destroyed and examined for rabies. If, I duririg the quarantine period, said animal is adjudged as having rabies, said animal shall be destroyed and appropriate health authorities notified. If, after completion of the quarantine period, said animal is adjudged free of rabies, said animal shall be released to its owner upon written permission of the Animal Control Officer. Quarantine shall be at the owner's expense. No person shall fail or refuse to surrender any animal for quarantine or destruction as required herein when demand is made by the Animal Control Officer. ORDINANCE NO. 1085 160 SECTION 10 RESPONSIBILITIES OF PHYSICIANS AND VETERINARIANS It shall be the duty of every phYSician or other practitioner to report to the Animal Control Officer the names and addresses of persons treated for bites inflicted by animals, together'with such other information as will be helpful in rabies control. I It shall be the duty of every veterinarian to report to the Animal Control Officer the diagnosis of any animal observed by him or her as a rabies suspect. SECTION 11 NUISANCE ANIMALS Any dog or other animal that destroys property or other pets, bites or molests , . persons not trespassing on the property of the owner, or injuring or attempting to injure the person, family or property of any person, or for a prolonged period howls, barks, yelps, or has been permitted to habitually run at large, or by other means causes annoyance or disturbance to any person, shall be deemed a nuisance animal. It is unlawful for any person to own, harbor, keep or maintain any such nuisance animal, and it shall be the duty of the Animal Control Officer and all law enforcement officers to file complaints for all such violations occurring in their presence. Any person aggrieved by a nuisance animal may file a complaint with the consent of the City prosecutor in the City Court of Bozeman, charging the owner with the violation of this section, where the offense is not committed in the presence of the Animal Control Officer or a law enforcement officer. I SECTION 12 IMPOUNDING AUTHORIZED -- RECORDS Unlicensed dogs, or other animals found at large, shall be taken up by the Animal Control Officer or any law enforcement officer and impounded in the City animal shelter. Any dangerous or vicious dog or animal may be taken up and impounded by using a tranquilizer gun by the Animal Control Officer. The animal shelter shall keep a complete register of every dog or other animal impounded, showing the time and place of taking, the breed, color, sex, and distinguishing marks of such dog or other animal and, if licensed, the number of the license and the name and address of the owner. Male dogs shall be separated from female dogs at the City animal shelter, and healthy dogs shall be separated from unhealthy dogs. SECTION 13 NOTICE OF IMPOUNDING PRESUMED - REDEMPTION It is the duty of every owner of any dog or other animal to know its whereabouts at all times. In the event that any dog or other animal is impounded, the owner shall I redeem the same wit~in ninety-six (96) hours, or it shall be subject to disposal by the Poundmaster as provided in Section 14. The owner of any impounded dog or other animal may redeem the same within such a period of time by appearing at the Municipal Building, ORDINANCE NO. 1985 161 accepting a citation for violation of any ordinance of the City of Bozeman for which the owner may be properly charged, posting the required bond, and paying a per diem rate arranged by the City with the operator of the City animal shelter for each twenty-four (24) hour period or any part thereof that the animal is held. Any I unlicensed dog that is impounded may only be redeemed by the owner procuring a license, as required by Section 2, in addition to paying the fees herein prescribed. A complaint may be filed in'Police Court against the person redeeming any dog or other animal impounded for violation of any provision of this chapter. Failure to license a dog shall be punishable by fine as specified in Section 18 of this ordinance. SECTION 14 DISPOSITION OF UNREDEEMED ANIMALS If any impounded dog or other animal is not redeemed within ninety-six (96) hours from the time it is taken and impounded, the owner thereof shall forfeit all right, title and interest therein, and the poundmaster may offer the same for sale. Sale and such certificate of sale shall confer title and ownership of the dog or other animal, free of all claims and interest of the previous owner. In the event that any impounded dog or other animal is not redeemed by the owner or. purchased, it may be disposed of by the poundmBster or contracting agency in a humane manner. Any dog or other animal suffering from an infectious disease shall not be released, but shall be disposed of, unless the public health officer shall otherwise order. I SECTION 15 INVESTIGATION PROCEDURE For the purpose of discharging the duties imposed by this chapter and enforcing its provisions, the Animal Control Officer or any pOlice officer is empowered to demand from the occupants of any premises upon or in which a dog or other animal is kept or harbored, the exhibition of such dog or other animal and the license for such dog. SECTION 16 CRUELTY TO ANIMALS A person commits the offense of cruelty to animals ff without justification he knowingly or negligently subjects an animal to mistreatment or neglect by overworking, beating, tormenting, injuring or killing any animal; carrying an animal in a cruel manner or failing to provide an animal in his custody with proper drink, food or shelter; or abandoning a helpless animal or abandoning any animal on any public street, railroad or in any other place where it may suffer injury, hunger or exposure or become a public charge or promoting, sponsoring, or conducting or participating ina~y fight between any animals. I SECTION 17 LICENSEE'S LIABILITY ~ TRANSFER OF OWNERSHIP In all prosecutions for violations of this chapter, the person who applied for and obtained the license for the dog in question shall be deemed the person responsible for the violation unless there has been a transfer of ownership prior to the violation. ORDINANCE NO. 1085 162 Any transfer of ownership must be evidenced by a transfer permit issued by the D~partment of finance. A transfer permit may be obtained by furnishing the name and address of the transferee to the Department of Finance. SECTION .18 PENALTY FOR VIOLATIONS I Any person violating any provision of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred Dollars ($500.00) except as otherwi~e herein provided. The minimum fine shall be that as established by the City Commission. SECTION 19 SEVERABILITY If any part of this chapter is held to be unconstitutional or void, such pa rt shall be deemed severable from' the other parts, and the i nva 1 i d ity thereof shall not affect the remaining parts of this ordinance. SECTION 20 REPEALI NG CLAUSE Ordinance Nos. 822"857,, 937 and 1035 of the City of Bozeman, Montana, are hereby repealed in their entirety. All ordinances of the City of Bozeman confl icting or inconsistent with this ordinance are hereby repealed. SECTION 21 REPEALING CLAUSE I It is the intent of the City Commission that the criminal offenses listed in Ordinance 1035 of the City Commission be offenses involving absolute liability. Those offenses shall not require proof of anyone of mental states described in subsections (33), (37) and (58) of Section 45-2-101, M.C.A. 1981. SECTION 22 This ordinance shall be in full force 'and effect thirty (30) days from and after its final passage and approval according to law. mSSED BY THE CITY COMMISSION AND APPROVED BY THE MAYOR OF THE CITY OF BOZEMAN, THIS 25th DAY OF NOVEMBER 1981. MAYOR ATTEST: Clerk of the City Commission I ORDINANCE NO. 1085 163 State of Montana ) County of Gallatin) City of Bozeman ) I, Robin L. Sullivan, Clerk of the City CommisSlon of the City of Bozeman, I Montana, do hereby certify that the foregoing Ordinance No. 1085, was published bY title and number in the Bozeman Daily Chronicle,) a newspaper of general circulation printed and published in said City of Bozeman in the issue dated the 18th day of [;Jecember 1981- IN WITNESS WHEREOF I hereunto set my hand and affix,the corporate seal of my office this 3ist day of March 1982. Clerk of the City Commission I I ORDINANCE NO. 1085 -,~