HomeMy WebLinkAboutFinal Adoption of Ordinance 1764, Revision to Bozeman Municipal Code Chapter 6.04 Animal Control
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: LT Rich McLane, Bozeman Police Department
SUBJECT: Final adoption of Ordinance 1764, revision to Bozeman Municipal
Code (BMC) Chapter 6.04 Animal Control
MEETING DATE: August 24, 2009
AGENDA ITEM TYPE: Action.
RECOMMENDATION: Conduct a public hearing and suggest changes to Ordinance 1764, if
applicable. Consider a motion finally adopting Ordinance 1764, including Commission
amendments and conditions.
BACKGROUND: On August 10, 2009, a public hearing was conducted and first reading in
regards to recommended changes to Title 6, animal control enforcement. The ordinance as
presented was provisionally adopted with 2 changes.
1. Addition of Cooper Park as a restraint-free park.
2. Addition of Centennial Park as a restraint-free park during the hours of 5:00 a.m.
MST and 9:00 a.m. MST.
Additionally, a minor change in wording on clarification that the exemption for restraint free does not
relieve an owner or custodian to prevent the dog from becoming a nuisance, as well as the addition of a
definition of “leash”.
Those recommended changes are included below and highlighted in yellow.
6.04.010 Definitions.
K. “Leash” means a line, chain or lead used to control or restrain an animal and does not
include and electronic leash or shock collar.
6.04.080 Restraint and Confinement.
F. DOG-FREE AREAS. No dogs are allowed at the following locations:
1. East Gallatin Recreation Area, beach and lake - defined specifically by
Certificate of Survey 1221 and filed with the clerk and recorders office located
adjacent to Manley road is declared a dog-free area. Dogs are disallowed either
on or off restraint. However, dogs are allowed on adjoining trails to the north
and east of the recreation area.
2. Bronken Fields - defined as recreational fields and adjoining area southwest of
W. Durston Avenue and N. Cottonwood Road. 3. Softball
complex - defined as all recreational fields and adjoining areas located
southeast of Haggerty Lane and Highland Boulevard.
4. Other prohibited areas - within established playgrounds, beaches, ice rinks or
on any fields specifically designed for sports recreation to include softball fields,
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Commission Memorandum
soccer fields or related areas. An exception for dogs on a beach is
only allowed if authorized pursuant to Section H of this section.
G. RESTRAINT-FREE AREAS: Through Commission action either prior to, or part
of, Ordinance No. 1764, the following areas are exempt from Subsections A and B of this
section to the extent that in such areas animals may be permitted to run or otherwise
remain unrestrained. This exemption shall not apply to other prohibited areas listed in
Subsection F. of this section or otherwise relieve an owner or
custodian of any animal to prevent the same from becoming a nuisance, as defined in
Chapter 6.04.010.
1. Burke Park. That area defined specifically by Certificate of Survey 1778
located adjacent to S. Church Avenue and filed with the Clerk and
Recorder’s office, with all areas specifically signed as restraint-free dog
park use.
2. Canine Beach at the Bozeman Pond. The fenced and enclosed area, to include
the actual beach itself, on the west side of the Bozeman Ponds defined
specifically by Certificate of Survey 1883 and located adjacent to
Huffine Lane and Fowler Lane and filed with the Clerk and Recorder’s
office and specifically signed for use as restraint-free dog park.
3. Highland Park. The fenced and enclosed area located on the southwest side of
the Softball Complex located between Haggerty Lane and Highland
Boulevard that is specifically signed for use as a restraint-free dog park.
4. Snowfill. The fenced and enclosed area on the western edge of the City of
Bozeman Landfill that adjoins McIlhattan Road that is specifically
signed for use as a restraint-free dog park.
5. Gallatin County Regional Park. That portion of the area defined specifically
by Certificate of Survey 2202B and filed with the Clerk and Recorder’s
office, that adjoins West Oak Street and Davis Lane, and that has been
specifically identified by Gallatin County for use in a restraint-free
status.
6. Cooper Park. The park area with full plat and legal description maintained by
City of Bozeman Planning office identified as “PARK ADD, S12, T02S,
R05E” and includes that park surrounded by South 8th Avenue, W. Story
Avenue, W. Koch Street and S. 6th Avenue. 7.
Centennial Park. The park area with full plat and legal description maintained
by City of Bozeman Planning office identified as “IMES ADD, BLOCK
38, LOTS 1-24” and is that park adjacent to N. Tracy Avenue, W.
Cottonwood Street and even with N. Tracy Avenue. This restraint-free
exemption shall be only from 5:00 a.m. MST to 9:00 a.m. MST.
FISCAL EFFECTS: It is anticipated that the creation of new manual citations will be
necessary, with an estimated cost of $3,000 for citations for the department. Future costs for
related software to allow for the issuance of electronic citations will be delayed until at least
FY11 and are estimated to cost approximately $6,000. Additional costs related to signage for
new restraint-free locations and for new dog-free locations have an anticipated cost of $2,000.
ALTERNATIVES: As suggested by the City Commission.
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Commission Memorandum
Attachments: Ordinance 1764 with all changes to date
Report compiled on: August 11, 2009
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ORDINANCE NO 1764
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING
SECTIONS 6.04.010, 6.04.020, 6.04.030, 6.04.040, 6.04.050, 6.04.070, 6.04.080, 6.04.090, 6.04.100,
6.04.110, 6.04.120, 6.04.130, 6.04.140, 6.04.150, 6.04.160, 6.04.170, 6.04.180, 6.04.200 AND 6.04.210
PROVIDING FOR REVISIONS TO THE DEFINITIONS LICENSING REQUIREMENTS, LICENSE
ISSUANCE AND REGISTER CONDITIONS, RESTRAINT AND CONFINEMENT,
IDENTIFICATION OF RESTRAINT-FREE AND DOG-FREE AREAS, NUISANCE ANIMAL
ENFORCEMENT, IMPOUNDMENT PROCEDURES, CLEANING UP AFTER ANIMALS, ANIMAL
CONTROL OFFICER AUTHORITY, TYPE OF OFFENSES AND PENALTY FOR OFFENSES,
ADDING PROVISIONS THAT ALLOW FOR AN ALTERNATIVE USE OF CIVIL CITATIONS FOR
ENFORCEMENT OF ALL SECTIONS IN THIS CHAPTER, AND REPEALING PROVISIONS FOR
ENFORCEMENT OF ANIMAL CRUELTY COVERED BY A SEPARATE CHAPTER IN BMC.
WHEREAS, it is the intent of the City Commission to provide for and protect the health, safety and
welfare of the citizens of Bozeman, promote residential harmony and ensure the well-being of cats, dogs
and other animals through effective animal regulations and;
WHEREAS, it is the intent of the City Commission to allow for animal control officers and police
officers to provide necessary enforcement through the use of criminal citations and related prosecution for
more egregious, habitual or serious offenses and the use of civil citations and related civil penalties for
less serious offenses, but allow for the exercise of such discretion to be held at the time of the offense
and;
WHEREAS, it is the intent of the City Commission to establish fines and penalties commensurate with
the nature of the offense and which serve to recognize the efforts of responsible citizens to take proper
care, and;
WHEREAS, it is the intent of the City Commission to provide adequate, safe, and identifiable locations
for citizens to allow accompanied dogs to exercise without restraint without infringing on the rights of
other community residents and visitors.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman
Montana:
Section 1
That table of contents of the Bozeman Municipal Code is amended so that such section shall read as
follows:
Chapter 6.04
ANIMAL CONTROL
Sections:
6.04.010 Definitions
6.04.020 Licenses - Requirements Generally - Fee Expiration
6.04.030 Licenses - Exemptions from Chapter Applicability
6.04.040 Licenses - Issuance and Register Conditions - Tag Requirements.
6.04.050 Kennel Licensing Requirements - Limit on Number of Animals Kept
6.04.060 Keeping of Exotic or Wild Animals
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6.04.070 Keeping of Chickens (Gallus Gallus Domesticus) (Reserved)
6.04.0780 Restraint and Confinement
6.04.0890 Rabies Prevention Requirements - Tag - Penalty for Violation
6.04.090100 Quarantine for Dogs Biting Persons
6.04.1010 Rabies Prevention Requirements - Physician and Veterinarian Responsibilities
6.04.1120 Nuisance Animals Prohibited - Complaints
6.04.1230 Impoundment - Authorized When - Records Required
6.04.1340 Impoundment - Notice to Owner - Redemption Conditions
6.04.1450 Impoundment - Disposition of Unredeemed Animals
6.04.150 Cruelty to Animals Prohibited
6.04.160 Cleaning up after Animals
6.04.170 Enforcement - Animal Control Officer Authority
6.04.180 Prosecution for Chapter Violations - Liability of Owners - Permit Transfers
6.04.190 Severability
6.04.200 Criminal Offenses Type of Offenses
6.04.210 Enforcement - Penalty for Violations
Section 2
That 6.04.010 of the Bozeman Municipal Code is amended so that such section shall read as follows:
6.04.010 Definitions
As used in this chapter, unless the context otherwise indicates, the following terms shall have
the meaning ascribed to each:
A. "Animal" means any live creature, both domestic and wild, except humans.
"Animal" includes fowl, fish, and reptiles.
B. "Animal Control Officer" means all peace officers as that term is defined in Montana
state law as well as all duly appointed animal control officers, and animal control
supervisors appointed by the City to carry out and enforce this chapter, or other officials
designated by the Director of Public Safety, or their designee.
C. "Animal shelter" means any premises provided by, or contracted via, the City and
maintained by the Animal Shelter Director, or their designee poundmaster for
impounding and caring for dogs and other animals, or any facility which contracts with
the City to provide such services.
D. "PoundmasterAnimal Shelter Director" means the operator of the cCity animal shelter or
any operator of a facility contracting with the City to provide the services of an animal
shelter.
ED. "At large" means that an animal is off the premises of the owner, keeper, or responsible
custodian of the animal and not on a leash or confined within a kennel, cage, or motor
vehicle, or otherwise under the immediate control of a person physically capable of
restraining the animal.
F.E. "Cruelty" means any act or omission whereby unjustifiable physical pain, suffering, or
death of an animal is caused or permitted.
G.F. "Dangerous" or "vicious" animal means any animal that attacks, bites, or injures human
beings, domestic animals, or livestock without adequate provocation, or which, because
of its nature, temperament, training, or other characteristics, would constitute an
unreasonable danger to human life or property if not kept, maintained, or confined in a
safe and secure manner. Any animal that, without provocation, has aggressively bitten
or caused any physical injury to any person shall be prima facie presumed vicious or
dangerous.
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H.G. “Department” means the Police Department of the City of Bozeman, Montana.
I.H. "Exotic animal" means any wild or other animal which is not tame by nature and
includes, but is not limited to, raccoon, fox, skunk, beaver, otter, wolf, wolf hybrid, bear,
raptor, alligator, crocodile, poisonous snake, monkey, swine, member of the feline
species other than domestic cat (felis domesticus), member of the canine species other
than domestic dog (canis familiaris), or any other animal that would require a standard of
care and control greater than that required for customary household pets sold by pet shops
or domestic farm animals. The term "exotic animal" does not include farm animals,
rodents, domesticated ferret, and captive-bred species of fish and common cage birds.
J.I. "Kennel" means any premises wherein any person engages in the business of boarding,
breeding, buying, letting for hire, training for a fee, or selling dogs, cats, or other animals
(excluding licensed pet shops). The term "kennel" shall also include any noncommercial
establishment or place where more than two dogs or two cats are kept, whether for
breeding or otherwise.
K. “Leash” means a line, chain or lead used to control or restrain an animal and does not
include and electronic leash or shock collar.
L.J. “Municipal Infraction” means a civil offense punishable by a civil penalty as listed in this
ordinance of not more than $300 for each violation.
M.I. "Muzzle" means a humane device, securely fastened over the mouth of an animal,
which prevents the animal from biting.
N.J. "Nuisance" means any animal that unreasonably annoys humans, endangers the life or
health of persons or other animals, or substantially interferes with the rights of citizens,
other than their owners, to enjoyment of life or property. The term "nuisance" shall
include, but not be limited to:
1. Anyany animal that is repeatedly (more than two separate occurrences) found
running at large;
2. Any dog in any section of a park or public recreation area which is not
controlled by a leash or similar physical restraint, except in such parks or public
areas designated exempt pursuant to Section 6.04.070(F);
3. Any animal that damages, soils, defiles, or defecates on any property other
than that of its owner;
4. Any animal that makes disturbing noises including, but not limited to,
continued and repeated howling, barking, whining, crowing or other utterances
causing unreasonable annoyance or discomfort to neighbors or others in close
proximity to the premises where the animal is kept or harbored;
5. Any animal in heat that is not confined so as to prevent attraction or contact
with other animals;
6. Any animal, whether or not on the property of its owner, that without
provocation, molests, attacks, or otherwise interferes with the freedom of
movement of persons in a public right-of.way;
7. Any animal that chases motor vehicles in a public right-of-way;
8. Any animal that attacks domestic animals;
9. Any animal that causes unsanitary conditions in enclosures or surroundings
where the animal is kept or harbored;
10. Any animal that is offensive or dangerous to the public health, safety, or
welfare by virtue of the number of animals maintained at a single residence or
the inadequacy of the facilities.
O.K. "Owner" means any person, group of persons, or corporation having temporary or
permanent custody of, sheltering or having charge of, harboring, exercising control over,
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or having property rights to, any animal covered by this chapter.
P.M. "Under restraint" means that an animal is secured by a leash not to exceed six feet in
length or securely enclosed within the real property limits of the owner's premises.
(Ord. 1764, S 2, 2009, Ord. 1463 S 1,1998; Ord. 1446 S 1, 1997; Ord. 1085 S 1,1981)
6.04.020 Dog and Cat Licenses - Requirements Generally - Fee – Expiration
A. Every person, other than owners or keepers of commercial kennels, owning, keeping, or
harboring any dog over six months of age within the corporate limits of Bozeman shall
cause such dog to be registered, numbered, and licensed annually with the Department
of Finance of the City and shall pay for such license an amount as set by resolution of
the City Commission. Any owner claiming that his dog has been spayed or neutered
must show to the satisfaction of the licensing authority that such operation has been
performed. No license shall be issued without proof of vaccination against
rabies disease. First-time licenses issued after July 1st shall be prorated on a semiannual
basis. All licenses shall expire on December 31st of the year of issuance. A late licensing
fee will be assessed upon all renewal licenses issued after February 15th of the current
license year pursuant to the fee schedule.
B. Every person owning, keeping, or harboring any cat over six months of age within the
corporate limits shall cause such cat to be registered and numbered annually with the
Department of Finance of the City and shall pay for such registration an amount as set
by resolution of the City Commission. Any owner claiming that his cat has been spayed
or neutered must show to the satisfaction of the licensing authority that such operation
has been performed. No license of any type shall be issued without proof of vaccination
against rabies disease. First time registrations issued after July 1st shall be prorated on a
semi-annual basis. All registrations shall expire on December 31st of the year of
issuance. A late registration fee will be assessed upon all renewal registrations issued
after February 15th of the current calendar year pursuant to the fee schedule. (Ord.
1446 S 2, 1997; Ord. 1272 S 1, 1988; Ord. 1085 S 2, 1981)
6.04.030 Dog and Cat Licenses - Exemptions from Chapter Applicability
The licensing requirements of this chapter shall not apply to any dog or cat belonging to a
nonresident of the cCity and kept within the Ccity for not longer than fifteen days, provided all such
dogs or cats of nonresidents shall at the time of entry into the cCity be properly vaccinated against
rabies and, while kept within the Ccity, meet all other requirements of this chapter. Any owner claiming
any of these exemptions has the burden of proving to the satisfaction of the licensing
authority that the dog or cat in question is entitled to such exemption.
(Ord. 1446 S 3, 1997; Ord. 1085 S 4,1981)
Section 3
That 6.04.040 of the Bozeman Municipal Code is amended so that such section shall read as follows:
6.04.040 Licenses - Issuance and Register Conditions - Tag Requirements
On payment to the City of the amount of the license fee, the licensing authority shall issue a
license to the person applying for the same, provided that all other requirements have been met, and shall
provide and furnish with each license a durable tag upon which shall be stamped or engraved the
registration register number of the dog or cat and the year registered. The City shall keep suitable records,
to be designated "Dog License Register" and "Cat License Register", in which shall be recorded the date
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and number of such license and the name and address of the person to whom issued. Whenever the dog or
cat are allowed in a public place, Eevery owner of a dog or cat within the cCity shall place and keep
around the neck of each dog or cat owned a collar or harness to which shall be securely fastened the
license tag issued by the City and to which shall also be attached a tag showing that the dog or cat has
been vaccinated for rabies. In the event that a dog or cat tag is lost or destroyed, a duplicate shall be
issued for the current year, upon the payment of a fee for such duplicate pursuant to the fee schedule. No
person shall use, for any dog or cat, a license receipt or license tag issued for another dog or cat. It shall
be unlawful for any person to remove from the neck of any dog or cat the license tag issued pursuant to
this section without the dog or cat owner’s permission or alter such tag in any manner.
(Ord. 1764 S 3, 2009; Ord. 1446 S 4, 1997; Ord. 1085 S 3, 1981)
Section 4
That 6.04.050 of the Bozeman Municipal Code is amended so that such section shall read as follows:
6.04.050 Kennel licensing requirements - Limit on number of cats and dogs kept
A. It is unlawful for any person, group of persons in the same dwelling, or family, to keep,
harbor, maintain or knowingly permit within the City of Bozeman (the City) more than
two each of cats or dogs, over six months of age, without first having obtained a kennel
license from the City as herein provided. This section shall not apply to licensed
veterinarian hospitals or animal shelters, but it is intended to apply to keeping or
maintaining kennels where cats and dogs are kept for breeding, sale, sporting purposes,
boarding, or for the enjoyment of the household. Any person keeping or maintaining a
kennel shall make application to the City for said kennel license, Kennel licenses, or the
revocation thereof, shall be authorized or denied at the discretion of the Director of
Public Safety - Police, or its their designee.
B. Kennel Licensing Procedure
1. All applications for a kennel license, including applications for renewal or
reinstatement, shall be reviewed by the Director of Public Safety - Police, or their
its designee, who shall investigate the premises of the proposed kennel and make a
findings, as set forth herein, regarding said application.
2. All kennel licenses shall be for a designated purpose, and a specific number and
type of cats and dogs. Licenses shall not be transferable from one person to
another person or place.
3. New kennel licenses shall only be issued after the Director of Public Safety
Police, or itstheir designee, after appropriate inspection of the applicant’s proposed
kennel and other appropriate investigation, approves the application. In addition,
written notice of a pending kennel license application shall be provided by the
applicant to all owners of real property within two hundred feet of the site in
question, including the property owner if the site in question is not owned by the
applicant, within fifteen (15) days of the application date and prior to final
application approval by the Director of Public Safety - Police, or itstheir designee.
The notice(s), on forms provided by the cCity, shall specify the name and address
of the applicant, the name and address of the owner of record of the property, a
brief statement of the nature of the kennel license application, including the
number and type of cats or dogs proposed in the application and reference to the
procedures described herein. Additionally, the Applicant shall provide notice to
the City Liaison: staff liaison to the InterNeighborhood Council and neighborhood
associations. Applicant’s failure to properly complete and deliver all notice forms
may constitute cause to deny the application or revoke the kennel license.
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4. The Director of Public Safety - Police, or itstheir designee, for approving a kennel
license, shall find:
(a) That all animals listed on the kennel license application possess current
City of Bozeman pet licenses;
(b) That the site for the proposed use is adequate in size and topography to
accommodate such use, and all yards, spaces, fences and enclosures are
adequate to properly relate such use with the land and uses in the
vicinity;
(c) That the proposed use will have no adverse affect on abutting properties
or residents within the affected area; and
(d) That any conditions stated in the approval are deemed necessary, and
shall apply and be followed by the applicant and the property owner as a
condition of approval.
5. Upon granting a kennel license, the Director of Public Safety - Police, or itstheir
designee, may thereafter inspect the premises to insure compliance with this
chapter and insure the health and welfare of the animals.
6. A kennel license holder shall notify the Director of Public Safety - Police, or
itstheir designee, of any change in the operations which may affect the license and
shall keep the Director of Public Safety - Police, or its their designee, apprised of
any change in name, use, or location of said kennel, including, but not limited to,
changes in animals and numbers of either cats or dogs listed on the original kennel
license Application.
C. The kennel license fee shall be in an amount as set by Resolution of the City Commission,
and the license shall expire on the thirty-first (31) day of December of each year, unless
sooner revoked. License fees shall be reduced by 50% if application is made, and
subsequently approved, between July 1 and December 31. The kennel license application
fee is non-refundable.
D. Upon complaint being made to the Director of Public Safety – Police, or itstheir designee,
that a licensed kennel is being operated in an improper manner, after finding the kennel was
operated improperly, as a nuisance, or a condition, or conditions, existed that would
preclude the issuance of a license, the Director of Public Safety - Police, or itstheir
designee, may revoke the license of such kennel, after a minimum of seventy-two (72)
hours notice to the licensee. The licensee may, at the discretion of the Director of Public
Safety – Police, or its their designee, be provided up to fifteen (15) days to mitigate an
offending condition and thus have the license reinstated. Reinstatement findings by the
Director of Public Safety – Police, or its their designee, shall be made only after conduction
of a subsequent site inspection and report stating that each offending condition of the
kennel in question was satisfactorily corrected and the kennel complies with conditions set
forth in this chapter.
E. Upon annual re-application for a kennel license renewal, an inspection of the premises, in
accordance with Section B of this chapter, may be waived unless conditions listed in
Section D of this chapter are found to exist.
F. Kennel License Application and Revocation Appeals. Decision(s) by the Director of
Public Safety - Police, or itstheir designee, to deny or approve a kennel license application,
revoke an existing kennel license or reinstate a revoked kennel license may be appealed
to the City Commission. A written request for an appeal hearing before the City
Commission shall be submitted to the Director of Public Safety - Police, or its their
designee. Any appeal of a kennel license application approval or denial, or appeal of an
existing kennel license revocation or reinstatement decision(s) by the Director of Public
Safety - Police, or its their designee, shall be in writing wherein the Appellant shall set
forth the specific provision(s) of the decision(s) being appealed. Written notice of an
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appeal of a kennel license application approval or denial or existing kennel license
revocation or reinstatement, including specific provision(s) of the decision(s) being
appealed and the date, time and location of the subsequent City Commission appeal
hearing, shall be provided by the applicant, to all owners of real property within two
hundred feet of the site in question, including the property owner if the site in question is
not owned by the applicant, within fifteen (15) days past the appeal submittal date and at
least fifteen (15) days prior to the scheduled hearing. Additionally, the Applicant shall
provide notice of appeal to the City Liaison: staff liaison to the InterNeighborhood Council
and neighborhood associations. Applicant’s failure to properly complete and deliver all
appeal notice forms may constitute cause to deny the appeal. Upon review of an appeal, the
City Commission shall have the authority to affirm, modify, or reverse the findings of
Director of Public Safety - Police, or itstheir designee. Commission affirmation,
modification or reversal of a decision made by the Director of Public Safety -Police, or
itstheir designee, shall be final and binding. (Ord. 1764, S 4, 2009; Ord. 1754, S 1, 2009)
6.04.060 Keeping of Exotic or Wild Animals
A. It is unlawful for anyone to own, harbor, keep, or permit at large any exotic animal
without the written permission of the City Commission. Such permission shall be given
only if it is demonstrated to the satisfaction of the Commission that the animal will not
constitute a threat to public health or safety.
B. Any person that owns, keeps, or harbors an exotic animal shall make application to
the City Commission for a special license in the manner provided in Section
6.04.050 and said license shall only be issued according to procedures and criteria
specified therein. Such applicant must provide notice of intent to maintain an exotic
or wild animal to all neighbors and include specific information about the nature of
the animal.
C. The Commission shall, in addition to all other conditions, impose
appropriate requirements for proposed enclosures to house or transport the animal(s).
The housing enclosure must be constructed according to applicable zoning codes and
must have the proper permits. Each housing enclosure where an exotic or wild
animal is to be kept must be periodically inspected by the Animal Control Officer
and the Health Board or comparable designee. Each housing enclosure must
provide an adequate exercise area and sleeping quarters. Proper temperature
control and ventilation for the particular species must be provided in both areas.
Each housing enclosure must be kept locked and designed so that no one can enter
or place appendages in the enclosure. Each housing enclosure must be
constructed so as to prevent the animal from escaping. Each housing enclosure
must be kept in good repair to prevent both escape and injury to the wild animal.
Each housing enclosure must have a water container which is secured so as to
prevent its being overturned. Each housing enclosure must be disinfected daily.
Surfaces must be of an impervious material to allow for disinfecting.
D. Exemptions. The standards set out in this section for keeping exotic or wild animals
do not apply to:
1. Any zoological garden accredited by the American Association of
Zoological Parks and Aquariums;
2. Appropriately licensed theatrical exhibits or circuses;
3. Federally licensed research institutions;
4. Any government agency or its employees who use the wild animals for an
agency related education, propagation, or behavior program;
5. Anyone holding a valid rehabilitation permit from the Montana Department
of Fish, Wildlife and Parks, but such exception is granted only for animals
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which are in rehabilitation and are scheduled to be released to the wild.
Nothing herein shall be construed to allow the keeping of any wild animal
expressly prohibited by state statute.
E. The annual permit fee for keeping each exotic or wild animal shall be set by
resolution. A separate wild animal permit is required for each animal kept as
defined herein. All permits granted under this chapter shall be due and payable
annually on the first business day of January. All wild animal permits issued under
the provisions of this chapter shall expire on December 31st of each year. If the
permit fee provided for in Section 6.20.140 is not paid on or before February 15th
of the current calendar year, a fifty-dollar late registration fee shall be imposed. If
application for a renewal permit is submitted after February 15th, the application will
be considered a new application and subject to all the requirements for a new
application. (Ord. 1446 S 6, 1997; Ord. 1085 S 6, 1981)
6.04.070 Keeping of Chickens (Gallus Gallus Domesticus) (Reserved)
Section 5
That 6.04.070 of the Bozeman Municipal Code be renumbered and is amended so that such section shall
read as follows:
6.04.0780 Restraint and Confinement.
A. It is unlawful for the owner of any animal to fail to keep such animal under restraint
or to permit such animal to run at large upon the streets and public ways of the Ccity.
B. Any dog, while on a street, sidewalk, public way, or in a park or other public space,
other than areas as designated pursuant to Subsection G of this section, or upon
any private property without the consent of the property owner, shall be secured by
a leash or chain of sufficient tensile strength to restrain the particular dog, such
leash or chain not to exceed six feet in length. However, while actually participating
in instructional obedience training, dogs may be temporarily restrained by a leash
of greater length.
C. No owner or custodian of any animal shall leave such animal unattended while on
a street, sidewalk, public way, or in a park or other public space, or fail to exercise
proper care and control of such animal to prevent the same from becoming a
nuisance.
D. Every female dog or cat, while in heat, shall be kept in a secure enclosed shelter or
area within the real property limits of the owner's premises in such a manner so as
not to come in contact with another animal except for planned breeding.
E. Every dangerous or vicious animal shall be confined by its owner, or authorized
agent of its owner, within a building or secure enclosure, and, whenever off the
premises of its owner, shall be securely muzzled and restrained with a chain having
a minimum tensile strength of three hundred pounds and not more than three feet
in length or caged. Every person harboring a dangerous or vicious animal is
charged with an affirmative duty to confine the animal in such a way that no other
person has access to such animal.
F. DOG-FREE AREAS. No dogs are allowed at the following locations:
1. East Gallatin Recreation Area, beach and lake - defined specifically by
Certificate of Survey 1221 and filed with the clerk and recorders office located
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adjacent to Manley road is declared a dog-free area. Dogs are disallowed either
on or off restraint. However, dogs are allowed on adjoining trails to the north
and east of the recreation area.
2. Bronken Fields - defined as recreational fields and adjoining area southwest of
W. Durston Avenue and N. Cottonwood Road.
3. Softball complex - defined as all recreational fields and adjoining areas located
southeast of Haggerty Lane and Highland Boulevard.
4. Other prohibited areas - within established playgrounds, beaches, ice rinks or
on any fields specifically designed for sports recreation to include softball fields,
soccer fields or related areas. An exception for dogs on a beach is only allowed
if authorized pursuant to Section H of this section.
G. RESTRAINT-FREE AREAS: Through Commission action either prior to, or part
of, Ordinance No. 1764, the following areas are exempt from Subsections A and B of this
section to the extent that in such areas animals may be permitted to run or otherwise
remain unrestrained. This exemption shall not apply to other prohibited areas listed in
Subsection F. of this section established playgrounds, recreational fields, beaches and
picnic areas, or otherwise relieve an owner or custodian of any animal to prevent the
same from becoming a nuisance, as defined in Chapter 6.04.010.
1. Burke Park. That area defined specifically by Certificate of Survey 1778
located adjacent to S. Church Avenue and filed with the Clerk and
Recorder’s office, with all areas specifically signed as restraint-free dog
park use.
2. Canine Beach at the Bozeman Pond. The fenced and enclosed area, to include
the actual beach itself, on the west side of the Bozeman Ponds defined
specifically by Certificate of Survey 1883 and located adjacent to
Huffine Lane and Fowler Lane and filed with the Clerk and Recorder’s
office and specifically signed for use as restraint-free dog park.
3. Highland Park. The fenced and enclosed area located on the southwest side of
the Softball Complex located between Haggerty Lane and Highland
Boulevard that is specifically signed for use as a restraint-free dog park.
4. Snowfill. The fenced and enclosed area on the western edge of the City of
Bozeman Landfill that adjoins McIlhattan Road that is specifically
signed for use as a restraint-free dog park.
5. Gallatin County Regional Park. That portion of the area defined specifically
by Certificate of Survey 2202B and filed with the Clerk and Recorder’s
office, that adjoins West Oak Street and Davis Lane, and that has been
specifically identified by Gallatin County for use in a restraint-free
status.
6. Cooper Park. The park area with full plat and legal description maintained by
City of Bozeman Planning office identified as “PARK ADD, S12, T02S,
R05E” and includes that park surrounded by South 8th Avenue, W. Story
Avenue, W. Koch Street and S. 6th Avenue.
7. Centennial Park. The park area with full plat and legal description maintained
by City of Bozeman Planning office identified as “IMES ADD, BLOCK
38, LOTS 1-24” and is that park adjacent to N. Tracy Avenue, W.
Cottonwood Street and even with N. Tracy Avenue. This restraint-free
exemption shall be only from 5:00 a.m. MST to 9:00 a.m. MST.
H.I.. The City Commission may, by resolution, designate additional areas within the City
which shall be exempt from Subsections A and B of this section in addition to those listed
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above in Subsection G of this section. to the extent that in such areas animals may be
permitted to run or otherwise remain off leash. This exemption shall not apply to
established playgrounds, recreational fields, and picnic areas, or otherwise relieve an
owner or custodian of any animal to prevent the same from becoming a nuisance.(Ord.
1764 S 5, 2009; Ord. 1463 S 2, 1998; Ord. 1446 S 7, 1997; Ord. 108597, 1981 )
Section 6
That 6.04.080 of the Bozeman Municipal Code be renumbered and is amended so that such section shall
read as follows:
6.04.0980 Rabies Prevention Requirements - Tag - Penalty for Violation
All dogs and cats over six months of age within the corporate limits of the cCity shall be
vaccinated against the disease known as "rabies". Upon vaccination of such dog(s) and/or cat(s), the
veterinarian shall issue to the owner or owners of said animal(s) a certificate showing the inoculation
thereof and shall keep a duplicate of such certificate and shall issue a metallic tag showing such
vaccination and the date thereof. The owner shall cause the tag to be attached to a collar or harness on
such animal. The Animal Control Officer or any police officer of the cCity shall have the right to
impound any dog or cat, at large in the cCity, not wearing a collar or 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 chapter in having his or her dog(s)and/or cat(s) vaccinated against rabies shall be
guilty of maintaining a nuisance and shall be punished by a fine of not less than one hundred dollars and
not to exceed five hundred dollars, or by imprisonment in the city or county jail not to exceed ninety days,
or by both such fine and imprisonment. (Ord. 1764, S 6, 2009; Ord. 1446 S 8,1997; Ord. 1085 S 8,1981)
Section 7
That 6.04.090 of the Bozeman Municipal Code is renumbered so that such section shall read as follows:
6.04.100090 Quarantine for Dogs Biting Persons
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 may be kept under quarantine under the direction
and authority of the Animal Control Officer. Such quarantine shall be for a period of ten days. If the
owner of the animal has not appeared to claim the animal within ninety-six hours of the beginning of such
quarantine, the animal may be destroyed and examined for rabies. If, during the quarantine period, the
animal is adjudged as having rabies, the animal shall be destroyed and appropriate health authorities
notified. If, after completion of the quarantine period, the animal is adjudged free of rabies, the animal
shall be released to its owner upon written permission of the Animal Control Officer unless otherwise
ordered held pursuant to Section 6.04.130 or 6.04.170. Quarantine and associated costs, including any
costs of destruction, 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 or
any law enforcement officer. (Ord. 1764, S 7, 2009; Ord. 1446 S 9,1997; Ord. 1085 S 9,1981)
Section 8
That 6.04.100 of the Bozeman Municipal Code is renumbered so that such section shall read as follows:
6.04.1100 Rabies Prevention Requirements - Physician and Veterinarian
Responsibilities
It shall be the duty of every physician, or other practitioner, to report to the Animal Control
11
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. 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. (Ord. 1764, S 8, 2009; Ord. 1085 S 10, 1981)
Section 9
That 6.04.110 of the Bozeman Municipal Code be renumbered and is amended so that such section shall
read as follows:
6.04.1210 Nuisance Animals Prohibited - Complaints
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 Animal Control Officer., or any law enforcement officer, where Where the offense is
not committed in the presence of the Animal Control Officer or a law enforcement officer. The Animal
Control Officer shall investigate and issue an appropriate criminal or civil citation, or request prosecution
for the violation through the City Attorney, or their designee. , and upon probable cause that there is a
violation of this section or chapter, shall submit a request for prosecution to the City Attorney. The
minimum fine for violation of this section shall be one hundred dollars. (Ord. 1764, S 9, 2009; Ord. 1463
S 3, 1998; Ord. 1446 S 10,1997; Ord. 1085 S 11,1981)
Section 10
That 6.04.120 of the Bozeman Municipal Code is renumbered so that such section shall read as follows:
6.04.1320 Impoundment - Authorized When - Records Required
Unlicensed dogs, or other animals found at large, shall be taken by the Animal Control Officer to
the animal shelter. Any dangerous or vicious dog or animal may be taken up and impounded by the
Animal Control Officer, or any law enforcement officer, by appropriate means, including a tranquilizer
gun if necessary. 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. To
the extent possible, male dogs shall be separated from female dogs at the City Animal Shelter and healthy
dogs shall be separated from unhealthy dogs. (Ord 1764 S 10, 2009; Ord.1446 S 11,1997; Ord. 1085 S
12, 1981)
Section 11
That 6.04.130 of the Bozeman Municipal Code be renumbered and amended so that such section shall
read as follows:
6.04.1430 Impoundment - Notice to Owner - Redemption Conditions
A. 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 redeem
the same within ninety-six hours, or it shall be subject to disposal by the poundmaster
Animal Shelter Director, or their designee as provided in Section 6.04.140. The owner of
any impounded dog or other animal may redeem the same within such a period of time by
appearing at the Bozeman Police Department at the Law and Justice Center, accepting a
citation for violation of any ordinance of the cCity for which the owner may be properly
charged, and posting any boarding fees to the Animal Shelter in accordance with their
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established fee rates. 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 hour period or
any part thereof that the animal is held.
B. Any unlicensed dog that is impounded may only be redeemed by the owner procuring a
license, as required by Section 6.04.020, in addition to paying the fees herein
prescribed.
C. If an impounded dog or cat animal has not been spayed or neutered ("unaltered”) and , an
additional deposit shall be required before the animal may be redeemed. The deposit shall
be paid at the time of appearance and posting of bond as specified in Subsection A and
shall be refunded if the owner sterilizes the animal within thirty days of redemption. If an
unaltered animal is impounded a second time within three years, the dog or cat it shall
be altered prior to redemption at the owner's expense.
D. If an impounded animal is suspected or known to have dangerous or vicious
propensities, or accused of being a nuisance animal, it shall not be released or
redeemed unless, or until, a hearing can be held before the Bozeman City Municipal
Court to determine under what conditions, if any, such animal shall be released or
redeemed. A complaint may be filed in CityBozeman Municipal Court against the person
redeeming any dog or other animal impounded for violation of any provision of this
chapter.
E. To reclaim or redeem any animal impounded on the belief said animal is repeatedly
at large, or is a nuisance, the owner must petition the Bozeman CityMunicipal Court for
a hearing to determine under what conditions, if any, such animal shall be released or
redeemed. During the hearing, the court will hear evidence to determine whether
the animal should be declared a nuisance animal, to include any recommendations by the
Animal Control Officer. If a determination is made that the animal is repeatedly at large,
or otherwise a nuisance, the owner shall be ordered to comply with provisions or
conditions made by the court, including, but not limited to, ordered confinement of the
animal in a secure enclosure. If the owner does not file such a petition within four days of
the impound, the animal shall become the property of the City and subject to disposal by
the poundmasterAnimal Shelter Director, or their designee as provided in Section
6.04.140. Impoundment and associated costs, including any costs of destruction, shall be
at the expense of the owner.
F. To reclaim or redeem any animal impounded on the belief said animal is dangerous,
or vicious or the subject of abuse, the owner must petition the CityBozeman Municipal
Court for a hearing to determine under what conditions, if any, such animal shall be
released or redeemed. During the hearing, the court will hear evidence to determine
whether the animal should be declared dangerous, or vicious, or whether the animal was
endangered by cruel treatment, and will take into consideration any recommendations by
the Animal Control Officer regarding the release of the animal. If a determination is
made that the animal is dangerous, or vicious, or the animal has been subject to cruel
treatment the owner shall be ordered to comply with provisions or conditions made by the
court. If the owner does not file such a petition within four days of the impound, the
animal shall become the property of the City and subject to disposal by the
poundmasterAnimal Shelter Director, or their designee as provided in Section
6.04.1450. Impoundment and associated costs, including any costs of destruction, shall be
at the expense of the owner. The animal shall not be released to the owner until such
hearing is held. (Ord. 1764, S 11, 2009; Ord. 1463 S 4,1998; Ord. 1446 S 12,
1997; Ord. 1085 S 13,1981)
Section 12
13
That 6.04.140 of the Bozeman Municipal Code be renumbered and is amended so that such section shall
read as follows:
6.04.1540 Impoundment - Disposition of Unredeemed Animals
If any impounded dog or other animal is not redeemed within ninety-six hours from the time
it is taken and impounded, the owner thereof shall forfeit all right, title, and interest therein, and
the Animal Shelter Director, or their designee poundmaster may offer the same for sale or adoption. Sale
or adoption, 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 Animal Shelter Director, or their
designee poundmaster 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. Any animal deemed dangerous or vicious by the Court may not be sold or adopted
without proper disclosure to the individual purchasing or adopting said animal, to include the nature and
extent of the behavior prompting the declaration of the court. (Ord 1764, S 12, 2009; Ord. 1085 S 14,
1981)
Section 13
That 6.04.150 of the Bozeman Municipal Code be repealed:
6.04.150 Cruelty to Animals Prohibited
A person commits the offense of cruelty to animals if, 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
in, any fight between any animals. The minimum fine for violation of this section shall be one
hundred dollars. (Ord. 1446 S 13, 1997; Ord. 1085 S 16, 1981)
Section 14
That 6.04.160 of the Bozeman Municipal Code is amended so that such section shall read as follows:
6.04.160 Cleaning up after Animals
Any person owning, keeping, possessing, or harboring any dog, cat, or other animal shall
promptly remove and properly dispose of all feces left by the dog, cat, or animal on any public property
and on any private property not owned by such person or lawfully occupied by such person. (Ord. 1764 S
14, Ord.1446 S 14,1997; Ord. 1085 S 15,1981)
Section 15
That 6.04.170 of the Bozeman Municipal Code is amended so that such section shall read as follows:
6.04.170 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:
A. To issue a notice to appear under the provisions of Section 46-6-310, MCA, to any
violator of this title;
14
B. To issue a civil citation in accordance with Bozeman Municipal Code, Chapter 1.24;
C. To inspect premises subject to a kennel license application, chicken license application, a
business license for animal boarding or any premises where the owner or occupant of the
premises has agreed to accept an animal to board or shelter when the animal is the subject
of an investigation, impound, upon issuance of a warrant or in accordance with judicially
recognized exceptions to the warrant requirement;
D.B. To demand from the occupants of any premises upon, or in which, an animal is kept
or harbored, the exhibition of such animal and the license for such animal;
E.C. To impound an animal which has attacked a person or other animal, or is otherwise
reasonably believed to be dangerous, or pursuant to a cruelty investigation against the
animal in which protection of the animal from further abuse is warranted or in cases
where an animal is loose, injured or in need of care and may order that animal held until
such time as a hearing can be held before the CityBozeman Municipal Court to determine
whether, and under what conditions, the animal should be released to the owner, in
accordance with Section 6.04.140.
F.D. Upon order of the CityBozeman Municipal Court, to destroy an animal deemed a
dangerous or vicious animal. (Ord. 1764, S 15, 2009; Ord. 1488 S 1, 1999; Ord. 1446 S
15, 1997; Ord. 1085 S 17, 1981)
Section 16
That 6.04.180 of the Bozeman Municipal Code is amended so that such section shall read as follows:
6.04.180 Enforcement Prosecution for Chapter Violations - Liability of Owner - Permit Transfers
In all prosecutions enforcement actions for violations of this chapter, the person who applied for
and obtained the license for the dog or animal in question shall be deemed the person responsible for the
violation, unless there has been a transfer of ownership prior to the violation. Any transfer of ownership
must be evidenced by a transfer permit issued by the City of Bozeman Department of Finance. A transfer
permit may be obtained by furnishing the name and address of the transferee to the City of Bozeman
Department of Finance. Nothing herein shall preclude the filing of separate or additional charges against
any person other than the owner charged with custody of the animal. (Ord. 1764, S 16, 2009; Ord. 1446 S
16, 1997)
Section 17
That 6.04.200 of the Bozeman Municipal Code is amended so that such section shall read as follows:
6.04.200 Type of Offenses
Violation of any provisions in this chapter may be treated as either criminal violations or
municipal infractions at the discretion of the Animal Control Officer, Director of Public Safety or
Bozeman City Attorney, or their designee(s). This decision may be based on the individual and unique
factors associated with each incident, to include, but not limited to, impacts on risk to public safety,
severity of violations and history or knowledge of previous violations. 6.04.200 Criminal Offenses
Offenses It is the intent of the City Commission that the criminal offenses listed in Ordinance 1085 of the
City Commission this Chapter be offenses involvinge absolute liability. ThoseThese offenses shall not
require proof of any one of the mental states as follows: “…mental states of purposely, knowingly or
negligently as defined in Section 45-2-101 MCA”. described in Subsections (33), (37), and (58) of
Section 45-2-101, MCA 1981. (Ord. 1764, S 17, 2009; Ord. 1085 S 21,1981)
15
These offenses shall not require proof of any one of the mental states described in Subsections (33), (37),
and (58) of Section 45-2-101, MCA 1981. as follows: “ …mental states of purposely, knowingly or
negligently as defined in Section 45-2-101 MCA . “
Section 18
That 6.04.210 of the Bozeman Municipal Code is amended so that such section shall read as follows:
6.04.210 Enforcement - Penalty for Violations
A. Criminal Violations.
1. Criminal Citation: Upon issuance of a Notice to Appear and Complaint as a
criminal violation, or upon issuance of a complaint by the Bozeman City
Attorney’s Office, when such complaint states the criminal penalty, it shall be
deemed a misdemeanor violation for any person to violate any of the provisions
of this chapter. A Notice to Appear is deemed served when handed to the
defendant. A summons is deemed served three business days after the date of
issuance.
2.B. Penalty: Each person convicted of a misdemeanor for a violation of any of the
provisions of this chapter, for which another penalty is not provided, shall
for upon a conviction be punished according to the following schedule: first
conviction be punished by a fine of not less than fifty dollars, nor more than one
hundred dollars.
a. First Offense: A fine of not less than $100 and not to exceed $200.
However, if the fine is paid within 10 business days of the date of the
Notice to Appear, the summons or warrant of arrest is served on the
defendant, and then $50 of the fine shall be suspended. After the
expiration of the 10 business days, any fine over the minimum shall be
suspended only at the discretion of the Municipal Court Judge or their
designee after the defendant has appeared in court.
b. Second Offense: A fine of not less than $200 and not to exceed $300.
However, if the fine is paid within 10 business days of the date of the
Notice to Appear, the summons or warrant of arrest is served on the
defendant, and then $100 of the fine shall be suspended. After the
expiration of the 10 business days, any fine over the minimum shall be
suspended only at the discretion of the Municipal Court Judge or their
designee after the defendant has appeared in court.
c. Third Offense: A fine of not less than $300 and not to exceed $500.
However, if the fine is paid within 10 business days of the date of the
Notice to Appear, the summons or warrant of arrest is served on the
defendant, and then $100 of the fine shall be suspended. After the
expiration of the 10 business days, any fine over the minimum shall be
suspended only at the discretion of the Municipal Court Judge or their
designee after the defendant has appeared in court.
For a second conviction within one year after the first conviction, the person shall be punished by a fine
of not less than one hundred dollars, nor more than three hundred dollars. Upon a third or subsequent
conviction within one year after the first conviction, the person shall be punished by a fine of not less than
two hundred dollars, nor more than five hundred dollars.
16
C. 3. Court costs: Upon conviction, the court costs, including costs of prosecution,
costs of a jury trial, or costs of a judge pro tempore or any part of the court costs
may be assessed against the defendant at the discretion of the court. (Ord. 1446 S
17, 1997)
B. Municipal Infractions. If the violation has been deemed to be a municipal infraction,
pursuant to 6.04.020, procedures and penalties shall be followed in accordance with
Bozeman Municipal Code Chapter 1.24 “Municipal Infractions”, unless otherwise
specified differently in this section.
Failure to either pay the penalty provided within ten (10) business days or request a
civil hearing within ten (10) business days from the date the civil citation was served
shall be deemed to be an admittance that the violation occurred and shall authorize
the Municipal Court Judge, or their designee, to enter judgment against the person
served.
1. Civil Citation. A civil citation or notice of municipal infraction shall contain
the following information:
a. Name and address of the defendant, including any identifying
information;
b. Description and section number of the infraction attested to by the
Animal Control Officer issuing the civil citation;
c. Location and time of the infraction;
d. Amount of the civil penalty to be assessed or the alternative relief
sought, or both;
e. The manner, location and time in which the penalty may be paid if
admitting to the infraction;
f. The manner, location and time in which a civil hearing may be
requested if denying the infraction;
g. A notice that a failure to either pay the penalty or request a civil hearing
within ten (10) business days shall be deemed to be an admittance that
the violation occurred and shall authorize the Municipal Court Judge, or
their designee, to enter judgment against the person served.
2. Service. A civil citation may be served on a person who commits a municipal
infraction by any one of the following methods:
a. Personal Service:
b. By certified mail addressed to the defendant at the defendant’s last
known mailing address, return receipt requested; or;
c. By publication, in the manner described in Rule 4D(5) of the Montana
Rules of Civil Procedure.
3. Court Proceedings. The following procedures shall be followed upon a timely
request for a civil hearing to contest a civil citation.
a. Upon receipt of a written request for a civil hearing, the Department
shall within 10 days notify the person of the date, time and location of
the civil hearing.
b. The civil hearing shall be held before a City of Bozeman Municipal
Court Judge, or their designee.
c. The Court shall ensure the defendant has received a copy of the
complaint and that the defendant understands the complaint. The
17
defendant may question all witnesses who appear for the municipality
and produce evidence or witnesses on the defendant’s behalf.
d. The defendant may be represented by counsel of the defendant’s own
choosing and at the defendant’s expense.
e. The civil penalty shall not be assessed if, after a hearing, the Municipal
Court Judge, or their designee, enters a finding of no liability. The
Municipal Court Judge, or their designee, at any civil hearing
under this chapter shall issue an order of judgment stating whether the
person charged with the Municipal Infraction is liable for the Municipal
Infraction; and if liable, the amount of any civil penalty, late penalty, and
actual civil action hearing costs assessed against the person. Upon full
satisfaction of penalties and costs, the department shall file a notice of
full satisfaction with the Municipal Court. A copy of the order of
judgment issued shall be maintained by the City.
f. In a civil hearing the standard of proof must be by clear and convincing
evidence.
g. If the defendant is found to have committed a violation after a civil
hearing or who requests a civil hearing and thereafter fails to appear at
the time and place of the hearing may be held liable for actual hearing
costs in accordance with Montana Code Annotated 25-10-201 together
with all actual costs of service of the notice of the Municipal Infraction
either by mail or personal service. The defendant must pay the civil
penalty, hearing costs and service costs within 15 days from when
judgment is entered.
h. Upon a finding that the defendant committed the violation by the
Municipal Court Judge, or their designee, the decision shall be final,
without right of appeal, in accordance with 25-30-108 Montana Code
Annotated.
4. Penalty. The imposition of civil penalty under this section is not a criminal
conviction and is punishable by a civil penalty.
a. In addition to actual hearing costs or costs of service assessed, a
defendant who admits liability or who is found liable after a civil action
hearing shall pay the following civil penalty:
1) $100 fine, which shall be reduced to $50 if paid within 10
business days from the date the civil citation is served.
2) $100 fine, which shall be reduced to $50 if paid within 10
business days from the date the municipal court judge has issued
an order of judgment on a finding that the defendant is liable.
b. The City Attorney, or their designee, is authorized to file suit or engage
the use of collection services to enforce collection of a civil penalty or
court costs imposed under this chapter. In addition to the amount of the
civil penalty collected, reasonable attorney’s fees and court costs
incurred in enforcing the collection shall be recoverable in that action.
(Ord. 1764, S 18, 2009; Ord. 1446, S 17, 1997;)
Section 19
Repealer
18
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this
ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of
Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect.
Section 20
Savings Provision
This ordinance does not affect the rights and duties that matured, penalties that were incurred or
proceedings that were begun before the effective date of this ordinance.
Section 21
Severability
That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this
ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal
or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole.
Section 22
Effective Date
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman,
Montana on first reading at a regular session thereof held on the 10th of August, 2009
____________________________________
KAAREN JACOBSON, Mayor
ATTEST:
_______________________________
STACY ULMEN
City Clerk
19
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 24th day of
August 2009. The effective date of this ordinance is September 25, 2009.
_________________________________
KAAREN JACOBSON, Mayor
ATTEST:
_______________________________
STACY ULMEN
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney