HomeMy WebLinkAboutTitle_06 Animals
Title 6
ANIMALS
Chapters:
6.04 Animal Control
6.08 Cruelty to Animals
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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
6.04.070 Restraint and Confinement
6.04.080 Rabies Prevention Requirements - Tag - Penalty for Violation
6.04.090 Quarantine for Dogs Biting Persons
6.04.100 Rabies Prevention Requirements - Physician and Veterinarian
Responsibilities
6.04.110 Nuisance Animals Prohibited - Complaints
6.04.120 Impoundment - Authorized When - Records Required
6.04.130 Impoundment - Notice to Owner - Redemption Conditions
6.04.140 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
6.04.210 Enforcement - Penalty for Violations
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.
C. "Animal shelter" means any premises provided by the City and maintained by the
poundmaster for impounding and caring for dogs and other animals, or any facility
which contracts with the City to provide such services.
D. "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.
E. "Cruelty" means any act or omission whereby unjustifiable physical pain, suffering,
or death of an animal is caused or permitted.
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
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aggressively bitten or caused any physical injury to any person shall be prima facie
presumed vicious or dangerous.
G. "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.
H, "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.
I. "Muzzle" means a humane device, securely fastened over the mouth of an animal,
which prevents the animal from biting.
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. Any 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, 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.
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, or having property rights to, any animal covered by this chapter.
L. "Poundmaster" means the operator of the city animal shelter or any operator of a
facility contracting with the City to provide the services of an animal shelter.
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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. 1463 S 1,1998; Ord. 1446 S 1, 1997; Ord. 1085 S 1,1981)
6.04.020 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 of any type shall be issued without
proof of vaccination against rabies disease. First-time licenses issued after July 1 st
shall be prorated on a semiannual basis. All licenses shall expire on December
31 st 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.
S. 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. FirsHime registrations
issued after July 1 st shall be prorated on a semi-annual basis. All registrations shall
expire on December 31 st 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 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 city and kept within the city for not longer than fifteen days, provided all such
dogs or cats of nonresidents shall at the time of entry into the city be properly vaccinated against
rabies and, while kept within the city, 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)
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 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 and number of such license and the name of the person to whom
issued. Every owner of a dog or cat within the city 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
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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 or alter such tag in any manner. (Ord. 1446 S 4,
1997; Ord. 1085 S 3, 1981)
6.04.050 Kennel Licensing Requirements - Limit on Number of Animals 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 more than two dogs or cats
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 animals 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 Commission for said kennel license, which shall be authorized or refused at the sole
discretion of the Commission.
S. Kennel Licensing Procedure.
1. All applications for a kennel license, including applications for renewal or
reinstatement, shall be reviewed by an Animal Control Officer, who shall
investigate the premises of the kennel and make a recommendation to the
City Commission regarding said application. A kennel license shall
authorize periodic inspections by the Animal Control Officer to insure
compliance with the code and insure the health and welfare of the animals.
2. All kennel licenses shall be for a designated purpose and a specific
number and type of animals. Licenses shall not be transferable from one
person to another person or place.
3. New kennel licenses shall only be issued after a hearing. In addition,
written notice of the hearing shall be provided by the applicant to all owners
of real property within two hundred feet of the site in question, not more
than thirty days nor less than ten days, prior to the scheduled hearing and
approval specifying the date, time, and place for said approvals. It 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
hearing and approvals, and a reference to the procedures described
herein.
4. The City Commission, in approving a kennel license, shall find as follows:
a. 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;
b. That the proposed use will have no adverse effect on the abutting
property;
c. That any conditions stated in the approval are deemed necessary
and shall apply and be adhered to by the applicant and the owner
of the land as a condition of approval.
5. A license holder shall notify the Animal Control Officer of any change in his
or her operations which may affect his or her license and shall keep the
Animal Control Officer apprised of any change in name, use, or location of
his or her kennel.
C. The license fee shall be in an amount as set by resolution of the City Commission,
and the license shall expire on the thirty~first day of December, unless sooner revoked.
Upon complaint being made to the City Commission that a licensed kennel is being
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operated in an improper manner; and upon finding that the kennel was operated
improperly, as a nuisance, or in a condition that would preclude the issuance of a
license, the City Commission may revoke the license of such kennel, after a minimum
of twenty-four hours notice to the licensee and a hearing. Upon revocation of a kennel
license, the Animal Control Officer may thereafter inspect the premises to insure
compliance with this chapter. (Ord. 1446 S 5,1997; Ord. 1085 S 5,1981)
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
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
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the provisions of this chapter shall expire on December 31 st 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 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 city.
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 F 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. The City Commission may, by resolution, designate areas within the city which shall
be 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 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. 1463 S 2, 1998; Ord. 1446 S 7, 1997; Ord. 108597,
1981 )
6.04.080 Rabies Prevention Requirements - Tag - Penalty for Violation
All dogs and cats over six months of age within the corporate limits of the city 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 city
shall have the right to impound any dog or cat, at large in the city, 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,
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or by imprisonment in the city or county jail not to exceed ninety days, or by both such fine and
imprisonment. (Ord. 1446 S 8,1997; Ord. 1085 S 8,1981)
6.04.090 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. 1446 S 9,1997; Ord. 1085 S 9,1981)
6.04.100 Rabies Prevention Requirements - Physician and Veterinarian
Responsibilities
It shall be the duty of every physician, or other practitioner, to report to the Animal Control
Officer the names and addresses of persons treated for bites inflicted by animals, together with
such other information as will be helpful in rabies control. 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. 1085 S 10, 1981)
6.04.110 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 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 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. 1463 S 3, 1998;
Ord. 1446 S 10,1997; Ord. 1085 S 11,1981)
6.04.120 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.1446 S 11,1997; Ord. 1085 S 12, 1981)
6.04.130 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
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. . -.- -
poundmaster 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 city for which the owner may be properly
charged, posting the required bond, and paying a per diem rate arranged by the City
with the operator of the City Animal Shelter for each twenty~four 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 animal has not been spayed or neutered ("unaltered"), 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, 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 City Court to determine
under what conditions, if any, such animal shall be released or redeemed. A
complaint may be filed in City 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 City 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. 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 poundmaster 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, the owner must petition the City 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. If a determination is made that the animal is
dangerous or vicious, 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 poundmaster as provided in Section 6.04.140. Impoundment and
associated costs, including any costs of destruction, shall be at the expense of the
owner. (Ord. 1463 S 4,1998; Ord. 1446 S 12, 1997; Ord. 1085 S 13,1981)
6.04.140 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 poundmaster may offer the same for sale. Sale, and such certificate of sale, shall confer title
and ownership of the dog or other animal, free of all claims and interest of the previous owner.
In the event that any impounded dog or other animal is not redeemed by the owner or purchased,
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it may be disposed of by the 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. (Ord. 1085 S 14, 1981)
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)
6.04.160 Cleaning up after Animals
Any person owning, keeping, possessing, or harboring any dog, cat, or other animal shall
promptly remove and 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.
1446 S 14,1997; Ord. 1085 S 15,1981)
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;
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;
C. To impound an animal which has attacked a person or other animal, or is otherwise
reasonably believed to be dangerous, and order that animal held until such time as
a hearing can be held before the City Court to determine whether, and under what
conditions, the animal should be released to the owner;
D. Upon order of the City Court, to destroy an animal deemed a dangerous or vicious
animal. (Ord. 1488 S 1, 1999; Ord. 1446 S 15, 1997; Ord. 1085 S 17, 1981)
6.04.180 Prosecution for Chapter Violations - Liability of Owner - Permit Transfers
In all prosecutions 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 Department of Finance. A transfer permit
may be obtained by furnishing the name and address of the transferee to the 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. 1446 S 16, 1997)
6.04.190 Severability
If any part of this chapter is held to be unconstitutional or void, such part shall be deemed
severable from the other parts, and the invalidity thereof shall not affect the remaining parts of
this chapter. (Ord. 1085 S 19, 1981)
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6.04.200 Criminal Offenses
It is the intent of the City Commission that the criminal offenses listed in Ordinance 1085 of
the City Commission be offenses involving absolute liability. Those offenses shall not require
proof of anyone of mental states described in Subsections (33), (37), and (58) of Section
45-2-101, MCA 1981. (Ord. 1085 S 21,1981)
6.04.210 Enforcement - Penalty for Violations
A. It is a misdemeanor for any person to violate any of the provisions of this chapter.
B. 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 a first conviction be
punished by a fine of not less than fifty dollars, nor more than one hundred dollars.
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.
C. Upon conviction, the court costs or any part of the court costs may be assessed
against the defendant at the discretion of the court. (Ord. 1446 S 17, 1997)
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Chapter 6.08
CRUEL TV TO ANIMALS
Sections:
6.08.010 Definitions
6.08.020 Interference with a Police Dog Prohibited
6.08.030 Cruelty to Animals Prohibited
6.08.040 Enforcement - Penalty for Violations
6.08.050 Enforcement - Animal Control Officer Authority
6.08.01 0 Definitions
A. "Police dog" means any dog specifically trained for law enforcement work and under
the control of a law enforcement officer.
B. "Law Enforcement Officer" means any person who, by virtue of the person's office
or public employment, is vested by law with a duty to maintain public order and
make arrests for offenses while acting within the scope of the person's authority.
C. "Animal Control Officer" means all law enforcement or peace officers as those terms
are defined herein, as well as all duly appointed animal control officers and animal
control supervisors appointed by the City of Bozeman to carry out and enforce this
title. (Ord. 1489 S 1, 1999)
6.08.020 Interference with a Police Dog Prohibited
No person shall purposely or knowingly provoke, grab, strike, harass, injure, or otherwise
interfere with a police dog trained for use by a law enforcement 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 S 2, 1999)
6.08.030 Cruelty to Animals Prohibited
A person commits the offense of cruelty to animals if, without justification, the person either
knowingly or negligently:
A. Subjects an animal to mistreatment or neglect including, but not limited to,
overworking, beating, striking, tormenting, injuring, or killing any animal;
B. Carries an animal in a cruel manner;
C. Fails to provide an animal in his or her 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;
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 S 3, 1999)
6.08.040 Enforcement - Penalty for Violations
A. A 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 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 S
4, 1999)
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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, MCA, to any
violator of this title;
B. Impound the abused animal and order that animal held until such time as a hearing
can be held before the City Court to determine whether, and under what conditions,
the animal should be released to the owner. (Ord. 1489 S 5, 1999)
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