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HomeMy WebLinkAboutTitle 06 E6 . . S{tlwJuy o~ AnatuJ 80'9 IOl~UOJ luwJuy i'O'9 :sla~duqJ S'lYWINY 9 ann . . ... . . 6.04.010 e Chapter 6.04 6.04.010 Definitions. As used in this chapter, unless the context other- ANIMAL CONTROL wise indicates, the following terms shall have the meaning ascribed to each: Sections: A. "Animal" means any live creature, both 6.04.010 Definitions. domestic and wild, except humans. "Animal" 6.04.020 Licenses-Requirements includes fowl, fish and reptiles. generally-Fee-Expiration. B. "Animal control officer" means all peace 6.04.030 Licenses-Exemptions from officers as that term is defined in Montana state law chapter applicability. as well as all duly appointed animal control officers 6.04.040 Licenses-Issuance and register and animal control supervisors appointed by the city conditions- Tag requirements. to carry out and enforce this chapter. 6.04.050 Kennel licensing requirements- C. "Animal shelter" means any premises Limit on number of animals kept. provided by the city and maintained by the 6.04.060 Keeping of exotic or wild animals. poundmaster for impounding and caring for dogs and 6.04.070 Restraint and confinement. other animals, or any facility which contracts with 6.04.080 Rabies prevention require- the city to provide such services. ments- Tag-Penalty for viola- D. "At large" means that an animal is off the pre- tion. mises of the owner, keeper or responsible custodian 6.04.090 Quarantine for dogs biting of the animal, and not on a leash or confined within a persons. kennel, cage, or motor vehicle, or otherwise under 6.04.100 Rabies prevention the immediate control ofa person physically capable e req uirements--Physician and of restraining the animal. veterinarian responsibilities. E. "Cruelty" means any act or omission whereby 6.04.110 Nuisance animals prohibited- unjustifiable physical pain, suffering or death of an Complaints. animal is caused or permitted. 6.04.120 Impoundment-Authorized F. "Dangerous" or "vicious" animal means any when-Records required. animal that attacks, bites, or injures human beings, 6.04.130 Impoundment-Notice to owner domestic animals, or livestock without adequate -Redemption conditions. provocation, or which, because of its nature, temper- 6.04.140 Impoundment-Disposition of ament, training, or other characteristics would con- unredeemed animals. stitute an unreasonable danger to human life or 6.04.150 Cruelty to animals prohibited. property if not kept, maintained or confined in a safe 6.04.160 Cleaning up after animals. and secure manner. Any animal that without 6.04.170 Enforcement-Animal control provocation has aggressively bitten or caused any officer authority. physical injury to any person shall be prima facie 6.04.180 Prosecution for chapter presumed vicious or dangerous. violations-Liability of owners- G. "Exotic animal" means any wild or other Permit transfers. animal which is not tame by nature, and includes but 6.04.190 Severability. is not limited to: raccoon, fox, skunk, beaver, otter, 6.04.200 Criminal offenses. wolf, wolf hybrid, bear, raptor, alligator, crocodile, 6.04.210 Enforcement-Penalty for poisonous snake, monkey, swine, member of the violations. feline speCIes other than domestic cat (felis domesticus), member of the canine species other than e domestic dog (canis familiaris), or any other animal 95 (Bozeman 11.0 I) 6.04.020 that would require a standard of care and control 7. Any animal that chases motor vehicles in a e greater than that required for customary household public right-of-way; pets sold by pet shops or domestic farm animals. The 8. Any animal that attacks domestic animals; term "exotic animal" does not include farm animals, 9. Any animal that causes unsanitary conditions rodents, domesticated ferret, and ~aptive-bred species in enclosures or surroundings where the animal is of fish and common cage birds. kept or harbored; H. "Kennel" means any premises wherein any 10. Any animal that is offensive or dangerous to person engages in the business of boarding, breeding, the public health, safety or welfare by virtue of the buying, letting for hire, training for a fee, or selling number of animals maintained at a single residence dogs, cats, or other animals (excluding licensed pet or the inadequacy of the facilities. shops). The term "kennel" shall also include any K. "Owner" means any person, group of persons, noncommercial establishment or place where more or corporation having temporary or permanent than two dogs or two cats are kept, whether for custody of, sheltering or having charge of, harboring, breeding or otherwise. exercising control over, or having property rights to, I. "Muzzle" means a humane device, securely any animal covered by this chapter. fastened over the mouth of an animal, which prevents L. "Poundmaster" means the operator ofthe city the animal from biting. animal shelter or any operator of a facility contract- J. "Nuisance" means any animal that ing with the city to provide the services of an animal unreasonably annoys humans, endangers the life or shelter. health of persons or other animals, or substantially M. "Under restraint" means that an animal is interferes with the rights of citizens, other than their secured by a leash not to exceed six feet in length or owners, to enjoyment of life or property. The term securely enclosed within the real property limits of "nuisance" shall include, but not be limited to: the owner's premises. (Ord. 1463 ~ I, 1998: Ord. e 1. Any animal that is repeatedly (more than two 1446 ~ 1, 1997: Ord. 1085 ~ 1, 1981) separate occurrences) found running at large; 2. Any dog in any section of a park or public 6.04.020 Licenses-Requirements generally- recreation area which is not controlled by a leash or Fee-Expiration. similar physical restraint, except in such parks or A. Every person, other than owners or keepers of public areas designated exempt pursuant to Section commercial kennels, owning, keeping or harboring 6.04.070(F); any dog over six months of age within the corporate 3. Any animal that damages, soils, defiles or limits of Bozeman, shall cause such dog to be defecates on any property other than that of its registered, numbered and licensed annually with the owner; department of finance of the city, and shall pay for 4. Any animal that makes disturbing noises, such license an amount as set by resolution of the including but not limited to, continued and repeated city commission. Any owner claiming that his dog howling, barking, whining, or other utterances has been spayed or neutered must show to the causing unreasonable annoyance or discomfort to satisfaction of the licensing authority that such oper- neighbors or others in close proximity to the ation has been performed. No license of any type premises where the animal is kept or harbored; shall be issued without proof of vaccination against 5. Any animal in heat that is not confined so as rabies disease. First-time licenses issued after July to prevent attraction or contact with other animals; 1 st shall be prorated on a semiannual basis. All 6. Any animal, whether or not on the property of licenses shall expire on December 31 st of the year of its owner, that without provocation, molests, attacks, issuance. A late licensing fee will be assessed upon or otherwise interferes with the freedom of all renewal licenses issued after February 15th of the movement of persons in a public right-of-way; current license year pursuant to the fee schedule. e 96 (Bozeman 11.0 I ) 6.04.030-6.04.050 e B. Every person owning, keeping, or harboring "Dog License Register" and "Cat License Register," any cat over six months of age within the corporate in which shall be recorded the data and number of limits, shall cause such cat to be registered and such license and the name of the person to whom numbered annually with the department of finance of issued. Every owner of a dog or cat within the city the city, and shall pay for such registration an amount shall place and keep around the neck of each dog or as set by resolution of the city commission. Any cat owned a collar or harness to which shall be owner claiming that his cat has been spayed or securely fastened the license tag issued by the city, neutered must show to the satisfaction of the licens- and to which shall also be attached a tag showing that ing authority that such operation has been performed. the dog or cat has been vaccinated for rabies. In the No license of any type shall be issued without proof event that a dog or cat tag is lost or destroyed, a of vaccination against rabies disease. First-time duplicate shall be issued for the current year, upon registrations issued after July 1 st shall be prorated on the payment of a fee for such duplicate pursuant to a semi-annual basis. All registrations shall expire on the fee schedule. No person shall use for any dog or December 31 st of the year of issuance. A late cat a license receipt, or license tag issued for another registration fee will be assessed upon all renewal dog or cat. It shall be unlawful for any person to registrations issued after February 15th of the current remove from the neck of any dog or cat the license calendar year pursuant to the fee schedule. (Ord. tag issued pursuant to this section or alter such tag in 1446 ~ 2,1997: Ord. 1272 ~ 1, 1988: Ord. 1085 ~ 2, any manner. (Ord. 1446 ~ 4, 1997: Ord. 1085 ~ 3, 1981 ) 1981 ) 6.04.030 Licenses-Exemptions from chapter 6.04.050 Kennel licensing requirements- applicability. Limit on number of animals kept. e The licensing requirements of this chapter shall A. It is unlawful for any person, group of persons not apply to any dog or cat belonging to a nonresi- in the same dwelling, or family, to keep, harbor, dent of the city and kept within the city for not longer maintain or knowingly permit within the city more than fifteen days, provided all such dogs or cats of than two dogs or cats over six months of age, without nonresidents shall at the time of entry into the city be first having obtained a kennel license from the city as properly vaccinated against rabies, and while kept herein provided. This section shall not apply to within the city, meet all other requirements of this licensed veterinarian hospitals or animal shelters, but chapter. Any owner claiming any of these it is intended to apply to keeping or maintaining exemptions has the burden of proving to the kennels where animals are kept for breeding, sale, satisfaction of the licensing authority that the dog or sporting purposes, boarding, or for the enjoyment of cat in question is entitled to such exemption. (Ord. the household. Any person keeping or maintaining a 1446 ~ 3, 1997: Ord. 1085 ~ 4, 1981) kennel shall make application to the city commission for said kennel license, which shall be authorized or 6.04.040 Licenses-Issuance and register refused in the sole discretion of the commission. conditions-Tag req uirements. B. Kennel Licensing Procedure. On payment to the city of the amount of the l. All applications for a kennel license, includ- license fee, the licensing authority shall issue a ing applications for renewal or reinstatement, shall license to the person applying for the same, provided be reviewed by an animal control officer, who shall that all other requirements have been met, and shall investigate the premises of the kennel and make a provide and furnish with each license a durable tag recommendation to the city commission regarding upon which shall be stamped or engraved the register said application. A kennel license shall authorize number ofthe dog or cat and the year registered. The periodic inspections by the animal control officer e city shall keep suitable records, to be designated 97 (Bozeman 11-01) 6.04.060 to insure compliance with the code and insure the revoke the license of such kennel, after a minimum e health and welfare of the animals. of twenty-four hours notice to the licensee and a 2. All kennel licenses shall be for a designated hearing. Upon revocation of a kennel license, the purpose, and a specific number and type of animals. animal control officer may thereafter inspect the Licenses shall not be transferable,from one person to premises to insure compliance with this chapter. another person or place. (Ord. 1446 ~ 5,1997: Ord. 1085 ~ 5, 1981) 3. New kennel licenses shall only be issued after a hearing. In addition, written notice of the hearing 6.04.060 Keeping of exotic or wild animals. shall be provided, by the applicant, to all owners of A. It is unlawful for anyone to own, harbor, keep, real property within two hundred feet of the site in or permit at large any exotic animal without the question, not more than thirty days nor less than ten written permission of the city commission. Such days prior to the scheduled hearing and approval, permission shall be given only ifit is demonstrated to specifying the date, time and place for said approv- the satisfaction of the commission that the animal also It shall specify the name and address of the will not constitute a threat to public health or safety. applicant, the name and address of the owner of B. Any person that owns, keeps or harbors an record of the property, a brief statement ofthe nature exotic animal shall make application to the city of the hearing and approvals, and a reference to the commission for a special license in the manner procedures described herein. provided in Section 6.04.050, and said license shall 4. The city commission, in approving a kennel only be issued according to procedures and criteria license, shall find as follows: specified therein. Such applicant must provide notice a. That the site for the proposed use is adequate of intent to maintain an exotic or wild animal to all in size and topography to accommodate such use, and neighbors and include specific information about the all yards, spaces, fences and enclosures are adequate nature of the animal. e to properly relate such use with the land and uses in C. The commission shall, in addition to all other the vicinity; conditions, impose appropriate requirements for b. That the proposed use will have no adverse proposed enclosures to house or transport the ani- affect on the abutting property; males). The housing enclosure must be constructed C. That any conditions stated in the approval are according to applicable zoning codes and must have deemed necessary, and shall apply and be adhered to the proper permits. Each housing enclosure where an by the applicant and the owner of the land as a exotic or wild animal is to be kept must be peri- condition of approval. odically inspected by the animal control officer and 5. A license holder shall notify the animal con- the health board or comparable designee. Each trol officer of any change in his or her operations housing enclosure must provide an adequate exercise which may affect his or her license and shall keep the area and sleeping quarters. Proper temperature con- animal control officer apprised of any change in trol and ventilation for the particular species must be name, use, or location of his or her kennel. provided in both areas. Each housing enclosure must C. The license fee shall be in an amount as set by be kept locked and designed so that no one can enter resolution of the city commission, and the license or place appendages in the enclosure. Each housing shall expire on the thirty-first day of December, enclosure must be constructed so as to prevent the unless sooner revoked. Upon complaint being made animal from escaping. Each housing enclosure must to the city commission that a licensed kennel is being be kept in good repair to prevent both escape and operated in an improper manner, and upon finding injury to the wild animal. Each housing enclosure that the kennel was operated improperly, as a must have a water container which is secured so as to nuisance, or in a condition that would preclude the prevent its being overturned. Each housing enclosure issuance of a license, the city commission may e (Bozeman 11-0 I) 98 6.04.070 e must be disinfected daily. Surfaces must be of an B. Any dog, while on a street, sidewalk, public impervious material to allow for disinfecting. way, or in a park or other public space, other than D. Exemptions: The standards set out in this areas as designated pursuant to subsection F of this section for keeping exotic or wild animals do not section, or upon any private property without the apply to: consent ofthe property owner, shall be secured by a 1. Any zoological garden accredited by the leash or chain of sufficient tensile strength to restrain American Association of Zoological Parks and the particular dog, such leash or chain not to exceed Aquariums; SIX feet 10 length. However, while actually 2. Appropriately licensed theatrical exhibits or participating in instructional obedience training, dogs circuses; may be temporarily restrained by a leash of greater 3. Federally licensed research institutions; length. 4. Any government agency or its employees who C. No owner or custodian of any animal shall use the wild animals for an agency related education, leave such animal unattended while on a street, propagation or behavior program; sidewalk, public way, or in a park or other public 5. Anyone holding a valid rehabilitation permit space, or fail to exercise proper care and control of from the Montana Department ofFish, Wildlife and such animal to prevent the same from becoming a Parks, but such exception is granted only for animals nUlsance. which are in rehabilitation and are scheduled to be D. Every female dog or cat, while in heat, shall released to the wild. be kept in a secure enclosed shelter or area within the Nothing herein shall be construed to allow the real property limits of the owner's premises in such a keeping of any wild animal expressly prohibited by manner so as not to come in contact with another state statute. animal except for planned breeding. e E. The annual permit fee for keeping each exotic E. Every dangerous or vicious animal shall be or wild animal shall be set by resolution. A separate confined by its owner or authorized agent of its wild animal permit is required for each animal kept owner within a building or secure enclosure and, as defined herein. All permits granted under this whenever off the premises of its owner, shall be chapter shall be due and payable annually on the first securely muzzled and restrained with a chain having business day of January. All wild animal permits a minimum tensile strength of three hundred pounds issued under the provisions of this chapter shall and not more than three feet in length, or caged. expire on December 31st of each year. Ifthe permit Every person harboring a dangerous or vicious fee provided for in Section 620.140 is not paid on or animal is charged with an affirmative duty to confine before February 15th of the current calendar year, a the animal in such a way that no other person has fifty-dollar late registration fee shall be imposed. If access to such animal. application for a renewal permit is submitted after F. The city commission may, by resolution, February 15th, the application will be considered a designate areas within the city which shall be exempt new application and subject to all the requirements from subsections A and B of this section to the extent for a new application. (Ord. 1446 ~ 6, 1997: Ord. that in such areas animals may be permitted to run or 1085 ~ 6, 1981) otherwise remain off leash. This exemption shall not apply to established playgrounds, recreational fields, 6.04.070 Restraint and confinement. and picnic areas, or otherwise relieve an owner or A. It is unlawful for the owner of any animal to custodian of any animal to prevent the same from fail to keep such animal under restraint or to permit becoming a nuisance. (Ord. 1463 ~ 2, 1998: Ord. such animal to run at large upon the streets and 1446 ~ 7, 1997: Ord. 1085 ~ 7, 1981) public ways of the city. e 99 (Bozeman 11.01) 6.04.080--6.04.120 6.04.080 Rabies prevention requirements- Quarantine and associated costs, including any costs e Tag-Penalty for violation. of destruction, shall be at the owner's expense. No All dogs and cats over six months of age within person shall fail or refuse to surrender any animal for the corporate limits of the city shall be vaccinated quarantine or destruction as required herein when against the disease known as "ra~ies." Upon vacci- demand is made by the animal control officer or any nation of such dog(s) and/or cat(s), the veterinarian law enforcement officer. (Ord. 1446 ~ 9, 1997: Ord. shall issue to the owner or owners of said animal( s) a 1085 ~ 9, 1981) certificate showing the inoculation thereof, and shall keep a duplicate of such certificate, and shall issue a 6.04.100 Rabies prevention requirements- metallic tag showing such vaccination and the date Physician and veterinarian thereof. The owner shall cause the tag to be attached responsibilities. to a collar or harness on such animal. The animal It shall be the duty of every physician or other control officer or any police officer of the city shall practitioner to report to the animal control officer the have the right to impound any dog or cat at large in names and addresses of persons treated for bites the city, not wearing a collar or harness on which is inflicted by animals, together with such other infor- displayed the license tag and also the vaccination tag. mation as will be helpful in rabies control. It shall be The owner of any dog(s) and/or cat(s) who fails to the duty of every veterinarian to report to the animal comply with the requirements of this chapter in control officer the diagnosis of any animal observed having his or her dog(s) and/or cat(s) vaccinated by him or her as a rabies suspect. (Ord. 1 085 ~ 10, against rabies shall be guilty of maintaining a 1981) nuisance, and shall be punished by a fine of not less than one hundred dollars and not to exceed five 6.04.110 Nuisance animals prohibited- hundred dollars, or by imprisonment in city or county Complaints. e jail not to exceed ninety days, or by both such fine It is unlawful for any person to own, harbor, keep and imprisonment. (Ord. 1446 S 8, 1997: Ord. 1085 ~ or maintain any such nuisance animal, and it shall be 8, 1981) the duty of the animal control officer and all law enforcement officers to file complaints for all such 6.04.090 Quarantine for dogs biting persons. violations occurring in their presence. Any person Every animal which bites a person shall be aggrieved by a nuisance animal may file a complaint promptly reported to the animal control officer. Any with the animal control officer or any law dog or other animal which has bitten any person may enforcement officer, where the offense is not be kept under quarantine under the direction and committed in the presence of the animal control authority of the animal control officer. Such officer or a law enforcement officer. The animal quarantine shall be for a period of ten days. If the control officer shall investigate, and upon probable owner of the animal has not appeared to claim the cause that there is a violation of this section or animal within ninety-six hours of the beginning of chapter, shall submit a request for prosecution to the such quarantine, the animal may be destroyed and city attorney. The minimum fine for violation of this examined for rabies. If, during the quarantine period, section shall be one hundred dollars. (Ord. 1463 ~ 3, the animal is adjudged as having rabies, the animal 1998: Ord. 1446 S 10, 1997: Ord. 1085 ~ 11, 1981) shall be destroyed and appropriate health authorities notified. If, after completion of the quarantine period, 6.04.120 Impoundment-Authorized when-- the animal is adjudged free of rabies, the animal shall Records required. be released to its owner upon written permission of Unlicensed dogs. or other animals found at large, the animal control officer unless otherwise ordered shall be taken up by the animal control officer or any held pursuant to Section 6.04.130 or 6.04.170. law enforcement officer and impounded in the city e 100 (Bozeman 1 J -0 1 ) 6.04.130 e animal shelter. Any dangerous or vicious dog or years, it shall be altered prior to redemption at the animal may be taken up and impounded by the owners expense. animal control officer or any law enforcement officer D. If an impounded animal is suspected or known by appropriate means, including a tranquilizer gun if to have dangerous or vicious propensities, or accused necessary. The animal shelter shall keep a complete of being a nuisance animal, it shall not be released or register of every dog or ~ther animal impounded, redeemed unless or until a hearing can be held before showing the time and place of taking, the breed, the city court to determine under what conditions, if color, sex and distinguishing marks of such dog or any, such animal shall be released or redeemed. A other animal and, if licensed, the number of the complaint may be filed in city court against the license and the name and address of the owner. To person redeeming any dog or other animal the extent possible male dogs shall be separated from impounded for violation of any provision of this female dogs at the city animal shelter, and healthy chapter. dogs shall be separated from unhealthy dogs. (Ord. E. To reclaim or redeem any animal impounded 1446 ~ 11,1997: Ord. 1085 ~ 12, 1981) on the belief said animal is repeatedly at large, or is a nuisance, the owner must petition the city court for a 6.04.130 Impoundment-Notice to owner- hearing to determine under what conditions, if any, Redemption conditions. such animal shall be released or redeemed. During A. It is the duty of every owner of any dog or the hearing the court will hear evidence to detennine other animal to know its whereabouts at all times. In whether the animal should be declared a nuisance the event that any dog or other animal is impounded, animal. If a determination is made that the animal is the owner shall redeem the same within ninety-six repeatedly at large, or otherwise a nuisance, the hours, or it shall be subject to disposal by the owner shall be ordered to comply with provisions or e poundmaster as provided in Section 6.04.140. The conditions made by the court, including but not owner of any impounded dog or other animal may limited to ordered confinement of the animal in a redeem the same within such a period of time by secure enclosure. If the owner does not file such a appearing at the Bozeman police department at the petition within four days of the impound, the animal law and justice center, accepting a citation for shall become the property of the city and subject to violation of any ordinance of the city for which the disposal by the poundmaster as provided in Section owner may be properly charged, posting the required 6.04.140. Impoundment and associated costs, includ- bond, and paying a per diem rate arranged by the city ing any costs of destruction, shall be at the expense with the operator of the city animal shelter for each of the owner. twenty-four hour period or any part thereof that the F. To reclaim or redeem any animal impounded animal is held. on the belief said animal is dangerous or vicious, the B. Any unlicensed dog that is impounded may owner must petition the city court for a hearing to only be redeemed by the owner procuring a license, determine under what conditions, if any, such animal as required by Section 6.04.020, in addition to paying shall be released or redeemed. During the hearing the the fees herein prescribed. court will hear evidence to determine whether the C. If an impounded animal has not been spayed animal should be declared dangerous or vicious. If a or neutered ("unaltered"), an additional deposit shall determination is made that the animal is dangerous or be required before the animal may be redeemed. The vicious, the owner shall be ordered to comply with deposit shall be paid at the time of appearance and provisions or conditions made by the court. If the posting of bond as specified in subsection A, and owner does not file such a petition within four days shall be refunded if the owner sterilizes the animal of the impound, the animal shall become the property within thirty days of redemption. If an unaltered of the city and subject to disposal by the poundmastcr e animal is impounded a second time within three as provided in Section 6.04.140. Impoundment and 1 00-1 (Bozeman 11.0 I ) 6.04.14()..-.Q.04.180 associated costs, including any costs of destruction, occupied by such person. (Ord. 1446 ~ 14, 1997: e shall be at the expense ofthe owner. (Ord. 1463 ~ 4, Ord. 1085 ~ 15, 1981) 1998: Ord. 1446 ~ 12, 1997: Ord. 1085 ~ 13, 1981) 6.04.170 Enforcement-Animal control 6.04.140 Impoundment-Disposition of officer authority. unredeemed animals. For the purpose of discharging the duties imposed If any impounded dog or other animal is not by this chapter and enforcing its provisions, the redeemed within ninety-six hours from the time it is animal control officer, or any police officer, in taken and impounded, the owner thereof shall forfeit addition to any and all other authority or power, is all right, title and interest therein. and the authorized: poundmaster may offer the same for sale. Sale, and A. To issue a notice to appear under the such certificate of sale, shall confer title and owner- provisions of Section 46-6-310, MCA, to any violator ship of the dog or other animal, free of all claims and of this title, interest of the previous owner. In the event that any B. To demand from the occupants of any impounded dog or other animal is not redeemed by premises upon or in which an animal is kept or the owner or purchased. it may be disposed of by the harbored. the exhibition of such animal and the poundmaster or contracting agency in a humane license for such animal. manner. Any dog or other animal suffering from an C. To impound an animal which has attacked a infectious disease shall not be released, but shall be person or other animal, or is otherwise reasonably disposed of. unless the public health officer shall believed to be dangerous, and order that animal held otherwise order. (Ord. 1085 ~ 14, 1981) until such time as a hearing can be held before the city court to determine whether and under what 6.04.150 Cruelty to animals prohibited. conditions the animal should be released to the e A person commits the offense of cruelty to ani- owner. mals if without justification he knowingly or negli- D. Upon order of the city court, to destroy an gently subjects an animal to mistreatment or neglect animal deemed a dangerous or vicious animal. (Ord. by overworking, beating, tormenting, injuring or 1488 ~ 1. 1999: Ord. 1446 ~ 15, 1997: Ord. 1085 ~ killing any animal; carrying an animal in a cruel 17. 1981) manner, or failing to provide an animal in his custody with proper drink, food or shelter; or abandoning a 6.04.180 Prosecntion for chapter violations- helpless animal or abandoning any animal on any Liability of owners-Permit public street, railroad or in any other place where it transfers. may suffer injury, hunger or exposure or become a ill all prosecutions for violations of this chapter, public charge; or promoting, sponsoring, or conduct- the person who applied for and obtained the license ing or participating in any fight between any animals. for the dog or animal in question shall be deemed the The minimum fine for violation of this section shall person responsible for the violation unless there has be one hundred dollars. (Ord. 1446 ~ 13, 1997: Ord. been a transfer of ownership prior to the violation. 1085 ~ 16,1981) Any transfer of ownership must be evidenced by a transfer permit issued by the department of finance. 6.04.160 Cleaning up after animals. A transfer permit may be obtained by furnishing the Any person owning, keeping. possessing or har- name and address of the transferee to the department boring any dog, cat, or other animal shall promptly of finance. Nothing herein shall preclude the filing of remove and dispose of all feces left by the dog. cat, separate or additional charges against any person or animal on any public property and on any private other than the owner charged with custody of the property not owned by such person or lawfully animal. (Ord. 1446 ~ 16. 1997) e 100-2 (Bozeman 11.0 I) 6.04.190-6.08.030 e 6.04.190 Severability. Chapter 6.08 If any part of this chapter is held to be unconsti- tutional or void, such part shaH be deemed severable CRUELTY TO ANIMALS from the other parts, and the invalidity thereof shall not affect the remaining P,arts of this chapter. (Ord. Sections: 1085 ~ 19, 1981) 6.08.010 Definitions. 6.08.020 Interference with a police dog 6.04.200 Criminal offenses. prohibited. It is the intent of the city commission that the 6.08.030 Cruelty to animals prohibited. criminal offenses listed in Ordinance 1085 of the city 6.08.040 Enforcement-Penalty for commission be offenses involving absolute liability. violations. Those offenses shall not require proof of anyone of 6.08.050 Enforcement-Animal control mental states described in subsections (33), (37) and officer authority. (58) of Section 45-2-101, MCA 1981. (Ord. 10859 21, 1981) 6.08.010 Definitions. A. "Police dog" means any dog specifically 6.04.210 Enforcement-Penalty for trained for law enforcement work and under the violations. control of a law enforcement officer. A. It is a misdemeanor for any person to violate B. "Law enforcement officer" means any person any of the provisions of this chapter. who, by virtue of the person's office or public B. Each person convicted of a misdemeanor for a employment, is vested by law with a duty to maintain violation of any of the provisions of this chapter for public order and make arrests for offenses while e which another penalty is not provided shall for a first acting within the scope of the person's authority. conviction be punished by a fine of not less than fifty C. "Animal control officer" means all law dollars or more than one hundred dollars. For a enforcement or peace officers as those terms are second conviction within one year after the first defined herein, as well as all duly appointed animal conviction, the person shall be punished by a fine of control officers and animal control supervisors not less than one hundred dollars or more than three appointed by the city of Bozeman to carry out and hundred dollars. Upon a third or subsequent enforce this title. (Ord. 1489 9 1, 1999) conviction within one year after the first conviction, the person shall be punished by a fine of not less than 6.08.020 Interference with a police dog two hundred dollars or more than five hundred prohibited. dollars. No person shall purposely or knowingly provoke, C. Upon conviction, the court costs or any part of grab, strike, harass, injure or otherwise interfere with the court costs may be assessed against the defendant a police dog trained for use by a law enforcement atthe discretion of the court. (Ord. 1446 ~ 17, 1997) officer, including but not limited to a police K-9 handler, at any time during the performance, attempted performance or while waiting to perform the animal's or the officer's official duties. (Ord. 1489 ~ 2, 1999) 6.08.030 Cruelty to animals prohibited. A person commits the offense of cruelty to animals if, without justification, the person either e knowingly or negligently: 100-3 (Bozeman 11-01) 6.08.040-6.08.050 A. Subjects an animal to mistreatment or neglect B. Impound the abused animal and order that e including but not limited to overworking, beating, animal held until such time as a hearing can be held striking, tormenting, injuring or killing any animal; before the city court to determine whether and under B. Carries an animal in a cruel manner; what conditions the animal should be released to the C. Fails to provide an ani~al in his or her owner. (Ord. 1489 ~ 5, 1999) custody with proper drink, food or shelter; D. Abandons a helpless animal on any public street, railroad, or in any other place where it may suffer injury, hunger or exposure or become a public charge; E. Promotes, sponsors, conducts or participates in any fight between any animals; or F. Commits, omits or allows the commission or omission of any act which causes the unjustifiable physical pain, suffering or death of an animal. (Ord. 1489 ~ 3, 1999) 6.08.040 Enforcement-Penalty for violations. AA person convicted of the offense of interference with a police dog may be fined an amount not to exceed five hundred dollars or sentenced to a term of imprisonment in the county e jail not to exceed six months or both. B. A person found guilty of being cruel to an animal as described herein may be fined not less than one hundred dollars nor more than five hundred dollars or sentenced a term of imprisonment in the county jail not to exceed six months or both. The court, in its discretion, may also terminate all ownership rights in the animal in addition to all other fines and imprisonment set forth in this chapter. (Ord. 1489 ~ 4, 1999) 6.08.050 Enforcement-Animal control officer authority. For the purpose of discharging the duties imposed by this chapter and enforcing its provisions, the animal control officer or any police officer, in addition to any and all other authority or power, is authorized to: A. Issue a notice to appear under the provisions of Section 46-6-310, MeA, to any violator of this title; and 1 00-4 e (Bozeman 11-01) -.... WI . . (03AN3S31I) L am~ . . . .