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HomeMy WebLinkAboutOrdinance No. 822, Dogs 13 ORDINANCE NO. 822 IIpq C~ ~ /K?Ss-rr:'II1(9 t't/#. AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA ESTABLISHING A DOG AND ":- '. ANIMAl. CONTROL LAW BY REGULATING THE KEEPING OF DOGS AND OTHER ANI- ':;' .'l" MALS; FOR INSPECTION AND PREVENTION OF RABIES IN noGS; DRFINITIONS; ~,,~ LICENSING AND REGISTRATION; TAG AND COLLAR; NUMBER OF DOGS,; ANIMALS ~ AT LARGE; NUISANCE ANIMALS; VICIOUS ANIMALS; IMPOUNDING OF DOGS1 \I! a NOTICE AND REDEMPTION,; DISroSITION OF UNREDEEMED ANIMALS; INVESTIGA- .4"~~. I TION PROCEDURE; INTERFERENCE UNLAWFUL; CRUELTY TO ANIMALS; PROVOKING ... ";tpm ANIMALS,; LICENSEE'S LIABILITY AND TRANSFER,; PENALTIES; SEVERABILITY, .. . CLAUSE; AND REPEALING ORDINANCES NOS. 1871 658 AND 819, CITY OF ~ ~ ..." .<< BOZEMAN, MONTANA. '"c ~ "- - '- BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN, MONTANAJ .. ......., ~.)i ....., ~ ~ Seotion 1. DEFINITIONSI As used in this Ordinance, unless the context otherwise indicates, the following terms shall have the meaning asoribed to each& (a) Ownerl Any person owning, keeping or harboring a do~ or other ani.Mal. (b) At Le rgel Off the premises of the owner and not under the oontrol of a competent person. (c) Animal Shelterl Any presmises provided by the City and maintained by the Poundma$ter for impounding and caring for dogs and other animals. ( d) Poundmaster: All duly appointed and qualified deputies, as well as the duly appointed and qualified City Poundmaster. ( e) Kennell An establishment or plaoe where three or more dogs ere keptl whp,ther for breeding or otherwiRe. Section 2. LICENSING AND REGISTRATION: Every person, other than owners of keepers of dog kennels, owning, keeping or harboring any dog over six months (6) of age within the corporate limits of the City of Bo!eman, Montanal shall cause said dog to b~ registered, numbered and licensed annually with the Clerk of the Commission of said Ci~, and shall pay for such license the sum of Three Dollars ($3.00) for each male dog and each spayed female dog end Ten Dollars ($10.00) for each unspayed female, dog. . The provisions of this Section shall not apply to nonresidents having dogs with- in the City for less than fifteen (15) days. Licenses for "guide" dogs shall be furnished without oharge, upon proof of vacoination for the disease known as "rabies". The licenses herein provided for shall be due and payable on or before January 1st, of each year, and delinquent on March 1st, of I each year, end all licenses shall expire on December 31st of the year of issuance. Section 3. TAG AND COLLAR: On payment to the City of Bozeman of the amount of such license tax, it shall be the duty of the Clerk to issue a license to the person ap~lying for the same, and he shall provide and furnish with each license a metallic tag upon which shall be stemped or engraved the register number of the dog and the year when registered. The City shall keep a suitable record to be designated "Dog 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 with::n the City, where the dog ;.s not confined to the property of the owner, shall place and keep around the neck of each dog so owned by him a collar to which shall be securely fastened the metallic tag issued to him by the City and to which shall also be attached a tag showing that said dog has been vaccinated tor rabies, if such dog has been so vaccinated. In the event that a dog tag is lost or destroyed, a duplicate shall be issued by the City upon presentation of an afficavit to that effect, a receipt or durlioate receipt showing payment of the license for the current year, and the payment of a fee of fifty cents (501) for such duplicate. Section 4. NUMBER OF DOGS: It shall be unlawful for any person or fam~ly, to keer, harbor, or maintain any number more than two (2) dogs over six (6) months of age, whether licensed or not, in or upon any premises. This Section shall not apply to licensed veterinarian hospitals but it is intended to apply to keeping or maintaing a dog kennel, and breeding dogs, which are hereby de- clared to be nuisances, unless licensed after permission granted by the City Commission after aprli- cation and hearing. A kennel lioense shall be required where the applicant owns, harbors, or keeps three (3) or more dogs and shell be authorized or refused in the sole discretion of the City Commis- sion. The license fee shall be Twenty Dollars ($20.00) per calendar year, or any part thereof, and the license shall expire on the 31st day of December, unless sooner revoked. Upon comflaint being made to the City Commission that a licensed kennel is being operated in an improper manner, the City Comm1.ssion may revoke license of said kennel after a proper hearing and notice to licensee. Section 6. AN IMALS AT LARGEr It shall be unlawful for the owner of any dog or other animal to per- mit the same to be at large at any time. Section 6. INSPECTION AND PREVENTION OF RABI1?S: That from and after passage of this Ordinance when- I ever the City Heel th Department, acting through its proper officer, shall deem it neces- sary for the protection of the public peace, health and safety, from the ~pread of the disease known as "rabies", said Department or the City Health Officer, as an officer thereof, sahlI designate a lioensed veterinarian or veterinarians to vaccinate all dogs in said City with the proper vaocine, and the cost of such vaccination which shall not exceed One Dollar and Fifty Cents ($l.50) for each dog, shall be paid by the owner of the dog at the time of vaccination. That upon vaccination of such dog or dogs, the veterinarian shall issue to the owner or owners of such dog or dogs, his certi- ficate showing the inoculation thereof and he shall keep a duplicate of suoh certificate and file the same in the office of the Director of Finance, and there shall also be attached to a collar on such dog a metallic tag showing; such vaccination and the date thereof. The Poundmaster or any Police officer of the said City shall have the right to kill any dog or dogs at large and unmuzzled in said City, not wearing a collar on which is disrleyed the license tag and also a vacdnation tag, pro- viding the Health Department has required a vaccination. The owner of any dog or dogs who shall fail to comply with the requirements of the Health Department in having his dog or dogs vaccinated 14 for rabies shap be{,de~m~d guilty of maintalning a nuisanoe and shall be pWlished by a fine not to exceed Thre&'~dr'd bollars (.300~00),. or by sentence in the City or County Jail of not to exoeed ninety (90) days, or by both such fine and imprisonment. Section 7. NUISANCE ANIMALS: Any dog or other animal that destroys property or other pets, bites or molests persons not trespassing on the property of, or injuring or attempting to injure the person, family or property of the owner, or for a prolonged period howls, barks, yelps, or by any other means oauses annoyanoe or disturbance to any person, shall be deemed a nuisanoe animal. It is unlawful for any person to own, harbor, keep or maintain any such nuisance animal and it shall be the duty of the Poundmaster and all law enforoement offioers to file complaints for all such violations occurring in their presence. Any person aggrieved by a nuisanoe animal may file a complaint in the Police Court, I charging the owner with the violation of this Section, where the offense is not committed in the presenoe of the Poundrnaster or a law enforcement offj.oer. Section 8. VICIOUS ANIMALSa It shall be unlawful for any person to keep or suffer to be kept, in said CHy, any dog or other animal of a vicious habit or disposition. Seotion 9. IMPOUNDING OF DOGS: Unlioensed dogs, or dogs or other apimals found at large shall be taken by the Poundmaster or any law enforcement officer and impounded in the City Animal Shelter. Any dangerous or vioious dog or animal may be taken up and impounded by using a tranquil- izer gun by the Poundmaster. The Poundmaster shall make a comflete register of every dog or other animal impounded, showing the time and }1ace 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 add- ress of the owner. Licensed dogs shall be separated from unlicensed dogs at the City Animal Shelter and males shall be separated from females. and healthy dogs from unhealthy dogs. Seotion 10. NOTICE AND REDEMPTION: It is hereby declared 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 wi thin ninety-six (96) hours, without any formel notice, or it shall be subject to disposal by the Poundmaster as hereinafter provided. The owner of llny impounded dog or other animal may redeem the same within such period of time by Faying an impound- i,ng fee of Two Dollars ($2.00), plus One Dollar ($1.00) for its keeping for eaoh twenty-four (24) hour period, or part thereof. that it is impounded. Any unlicensed dog that is impounded may only be redeemed by the owner procuring a license, in addition to paying the fees herein prescribed. The Poundmaster may file a complaint in Police Court against the person redeeming any dOl) or other animal impounded for violation of any provision of this Ordinanoe. Section 11. DISPOSITION OF UNREDEEM~D ~rIMALS: If any impounded dog or other animal is not redeemed wi thin ninety-six (96) hours from the time it is taken and impounded, the ownertla.ereof 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 to the dog or other animal, free of all claims and interest of the previous owner. In the event that any impounded dog or other animf'.l is not redeemed by the owner or purchased, it may be disposed of by the Poundmaster in a I humane manner. Any dog or other animal. suffering from an infectious disease shell not be released, but must be put to death. unless the Public Health Officer shall otherwise order. Seotion 12. INVESTIGATION PROCEDUREz For the purpose of discharging the duties imposed by this Ordinanoe and enforcing its provisions, the Poundmaster or any police offioer is empowered to demand from the occupants of any premises upon or in which a dog or other animal is kept or harbored the exhibition of such dog or other animal and the license for such dog. It she,ll be unlawful for any person to refuse such demands. Section 13. INTERFERENCE UNLAWFULz It i8 unlawful for any person to hinder, detain, or interfere with the Poundmaster in the performanoe of any duty or power imposed on him by this Ordinance. or to release. or attempt to release, any animal in the custody of the Poundmaster, ex- oept as herein provided. Section l4. CRUELTY TO ANIMALSa It is unlawful for any person to willfully and cruelly inflict pain or injure any animal. Section 15. PROVOKING ANIMALSa It is unlawful for any person to provoke, torment, or in any way disturb a dog or other animal. Section 16. LICENSEE'S LIABILITY AND TRANSFERa In all prosecutions for violations of this Ordinance the person who applied for and obtained the license for the dog in question shall be deemed the person responsible for the violation unless there has been a transfer of ownership prior to the violation. Any transfer of owoerhsip must be evidenced by a transfer lioense issued by the Director of Fine.nce. A transfer lioense may be obtained by furnishing the name and address of the transferee to the Director of Finanoe and paying a fee of One Dollar ($1.00). Section 17. PENALTIES; Any person violating any provision of this Ordinance shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed Fifty Dollars ($50.00). or by sentence in the City or County Jail of not to exoeed thirty (30) days, or by both such fine and imprisonment, exoept as otherwise herein provided. Section 18. SEVERABILITY CLAUSE: If any part of this Ordinanoe shall be held unoonstitutional or I void, such part shall be deemed severable from the other pe.rts. and the inva.lidity thereof shall not affect the remaining parts of this Ordinance. Section 19. Repealing clausea Ordinances Nos. 187, 558 and 819 of the City of Bozeman, Montana are hereby repealed in their entirety. All ordinanoes of the City of Bozeman confliot- ing or inconsistent with this Ordinance are hereby repealed. PASSED .AND ADOPTED by the City Commis8~on of the City of Bozeman this 27th day of April, 1960. . ...... sf Arnold M. Swanson ATTEST. (j2. ~~4.--v(/ ARNOLD II. SWANSON, l/ayor C, K. WIL ON. lerk 0 the City Commission 15 I - ~ - - . - - . . - - - - - - - Stete of Montana ) ) ss County of Gallatin) I, C. K. Wilson. Clerk of the Commission of the City of Bozeman do hereby oertify that the foregoing OrMnance No. 822 was published by title and number in the Bozeman Dlily Chronicle, a newspaper of general circulation printed and published in said City in the issue of the 2nd day of May, 1960 and due proof of such publication is on file in my office. INWITNESSWHERF..QF I hereunto set my hand and affix the corporate seal of my office this 3rd day of May, 1960. " @;~~~// er 0 t e y ommss on .- - - I - ~ ~ - - - - - - - - - - - - - I