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HomeMy WebLinkAboutOrdinance 79- 1035, Animal control; repeals Ords. 822,857 and 937 024 - - . ORD INAl\ICE I'D. 1035 AN CRDINANCE OF 1HE CITY OF roZEMAN, M:m'ANA, ESI'AB- I LISHING A !XXi AND ANIMAL Cll'ITROL lAW BY REGUlATING 1HE KEEPIN:i OF !XXiS AND OTHER ANIMALS; FOR INSPECrICN AND PREVENI'IQ\I OF RABIES IN !XXiS; DEFINITIQ\IS; LICENSING AND REGISTRATICN; TAG AND mLlAR; NUMBER OF !XXiS; ANIM- AlS AT lARGE; NUIS~ ANIMAlS; IMFOJNDIN:i OF !XXiS; l'UTICE AND REDEMPrI(]\J"; DISroSITICN OF UlIlREDEEMED ANI- MAlS; INVESI'IGATIQ\I PROCEDURE; SEVERABILITY CLAUSE; AND REPFALING ORDINANCE l'DS. 822, 857, and 937, CITY OF BOZEMAN, M:NrANA. BE IT CRDAINED BY TIlE CITY CXM.lISSICN OF TI1E CITY OF BOZEMAN, MJNI'ANA, AS FOLl.CWS : Sect ion 1 DEFINITIOOS As used in this chapter, unless the context otherwise indicates, the following terrrs shall have the meaning ascribed to each: "Animal shel ter" means any premises provided by the Ci ty and maintained by the poundmaster for impounding and caring for dogs and other I animals, or any facility Which contracts with the City to provide such services. "At large" means off the premises of the owner or keeper of said animal and not under the leash control of a conpetent person. "Cruelty" means the endangennent of life or heal th or to cause mental suffering or fear. "Humane" means marked by compassion, synpathy or consideration. "Kenne I" means an es tab I i shrren t or place Where rmre than two dogs are kept, Whether for breeding or otherwise. "Nuisance" means an annoying or disturbing thing or practice. "Ovvner" means any person, group of persons, or corporation owning, keeping or harboring a dog or dogs or other animals. "Poundrmster" means the operator of the Ci ty animal shel ter or any operator of a facility contracting with the City to provide the ser- vices of animal shelter. "Torture" means causing anguish or pain of body or mind. I "Vicious" means having the nature or quali ty of being dangerously aggressive. ORDINANCE NO. 1035 :; 025 Section 2 LICENSING AND REGISIRATICl'I Every person, other than owners or keepers of dog kennels, I owning, keeping or harboring any dog over six rmnths of age within the corporate limits of Bozeman, MOntana, shall cause said dog to be registered, numbered and licensed annually with the Department of Finance of said City, and shall pay for such license five dollars ($5.00) for each neutered rmle dog and each spayed fermle dog, and ten dollars ($10.00) for each tmneutered rmle dog and unspayed female dog. No license shall be issued for a spayed female or neutered rmle without presentation of proof of such spaying or neutering. No license of any type shall be issued without proof of vaccination against rabies disease. The licenses herein provided shall be due and payable on January 1st of each year and delinquent on January 25th of each year, and all licenses shall expire on Decerrber 31st of the year of issuance. Section 3 LICENSING AND REGISIRATlOO On payment to the City of Bozeman of the arrount of such license I fee, it shall be the duty of the clerk to issue a license to the person applying for the same, providing that all other requirements have been met, and the clerk shall provide and furnish with each license a metallic tag upon which shall be starrped or engraved the register number of the dog and the year registered. The City shall keep a suitable record to be designated "Dog License Register," in which shall be recorded the data and nurrber of such license and the name of the person to wham issued. Every owner of a dog within the city shall place and keep around the neck of each dog owned a collar or harness to which shall be securely fastened the metallic tag issued to him by the City and to which shall also be attached a tag showing that said dog has been vaccinated for rabies. In the event that a dog tag is lost or destroyed, a duplicate shall be issued by the City upon presentation of an affidavit to that effect, a receipt or dupli- cate receipt showing payment of the license for the current year, and the payment of a fee of Two Dollars ($2.00) for such duplicate. No person shall use for any dog a license receipt, or license tag issued for another I dog. Section 4 EXEMPrIOOS The licensing and vaccination requirements of this ordinance ORDINANCE NO. 1035 ~. ----~-- 026 . shall not apply to any dog belonging to a non-resident of the city and kept within the city for not longer than 15 days. provided all such dogs shall at all times while in the city be kept within a building. enclosure or vehicle. or be under leash restraint by a corr.petent person. I Section 5 KENNEL LICENSE It is unlawful for any person. group of persons in the same dwelling. or fami ly to keep, harbor. or maintain any mnber rmre than two (2) dogs over six rmnths of age. in or upon any property. single-family residence. apartment, townhouse. condominium. or any bui lding not used as a dwelling. This section shall not apply to licensed veterinarian hospitals. but it is intended to apply to keeping or maintaining a dog kennel. and breeding dogs. which are hereby declared to be nuisances, unless licensed after pennission granted by the City Commission after application and hearing. Such hearing shall be held after investigation of the premises of said kennel by an Animal Control Officer. who shall make a recommendation to the City Commission. A kenne I license shall be required where the applicant owns. harbors or keeps rmre than two dogs and shall be authorized or refused in the sole discretion of the City Commission. The license fee I shall be Fifty Dollars ($50.00) per calendar year. or any part thereof. and the license shall expire on the 31st of December. unless sooner revoked. Upon corr.plaint being made to the Ci ty Comnission that a licensed kennel is being operated in an inproper manner. the City Commission may revoke the license of said kennel. after a proper hearing and notice to the licensee. Section 6 ANIMALS AT lARGE The owner or keeper of any animal within the city limits shall at all times prohibit and prevent said animal from being at large. At large means off the premises of the owner or keeper of said animal and not under the leash control of a competent person. Sect ion 7 IXXiS IN HFAT All female dogs. while in heat. shall be kept in a secure I enclosed shelter or area in such a manner so as not to come in contact with male dogs except for planned breeding. ORDINANCE NO. 1035 - -- ----~ . 027 Sect ion 8 RABIES PREVENTlOO - VAOClNATlOO - TAG All dogs and cats within the corporate limits of the City of Bozeman shall be vaccinated against the disease known as "rabies." Upon I vaccination of such dog(s) and/or cat(s), the veterinarian shall issue to the owner or owners of said animals a certificate showing the inoculation thereof, and shall keep a duplicate of such certificate, and shall issue a metallic tag showing such vaccination and the date thereof. The owner shall cause said tag to be attached to a collar or harness on such animal. The Animal Control Officer or any Police Officer of the City shall have the right to dispose of any dog or dogs at large and unmuzzled 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 ordinance 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 not to exceed Five Hundred Dollars ($500.00) or by imprisonment in the City or County jail not to exceed ninety (90) days or by both such fine and imprisonment. I Section 9 (JJARANTlNE OF ANIMALS Every animal which bites a person shall be promptly reported to the Animal Control Officer. Any dog or other animal v.hi ch has bi tten any person shall be kept under quarantine under the direction and authority of the Animal Control Officer. Such quarantine shall be for a period of fourteen (14) days. If the owner of said animal has not appeared to claim said animal within ninety-six (96) hours of the beginning of such quarantine, said animal shall be destroyed and examined for rabies. If, during the quarantine period, said animal is adjudged as having rabies, said animal shall be destroyed and appropriate health authorities notified. If, after completion of the quarantine period, said animal is adjudged free of rabies, said animal shall be released to its owner upon written pennis- sion of the Animal Control Officer. Quarantine shall be at the owner's expense. No person shall fail or refuse to surrender any animal for quaran- tine or destruction as required herein when demand is made by the Animal I Control Officer. Sect ion 10 RESFGNSIBILITIES OF PHYSICIANS AND VETERINARIANS It shall be the duty of every physician or other practitioner to ORDINANCE NO. 1035 02-8 report to the Animal Control Officer the names and addresses of persons treated for bites inflicted by animals, together with such other informa- tion 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 I animal observed by him or her as a rabies suspect. Section 11 NUISAl'CE ANIMALS Any dog or other animal that destroys property or other pets, bites or rrolests persons not trespassing on the property of the owner, or injuring or atterrpting to injure the person, f~ily or property of any person, or for a prolonged period howls, barks, yelps, or has been pennitted to habitually run at large, or by other means causes annoyance or dis turbance to any person, shall be deemed a nuisance animal. It is unlawful for any person to own, harbor, keep or maintain any such nuisance animal, and it shall be the duty of the Animal Control Officer and all law enforcement officers to file complaints for all such violations occurring in their presence. Any person aggrieved by a nuisance animal may Ii Ie a complaint with the consent of the City Prosecutor in the City Court of Bozeman, charging the owner with the violation of this section, where the I offense is not committed in the presence of the Animal Control Officer or a law enforcement officer. Sect ion 12 IMroUNDING AUIHORI ZED - RE<X>RDS Unlicensed dogs, or other animals found at large, shall be taken up by the Animal Control Officer or any law enforcement officer and impounded in the City animal shelter. Any dangerous or vicious dog or animal may be taken up and impounded by using a tranquilizer gun by the Animal Control Officer. The animal shelter shall keep a carrplete register of every dog or other animal impounded, showing the time and place of taking, the breed, color, sex, and distinguishing marks of such dog or other animal and, if licensed, the number of the license and the name and address of the owner. Male dogs shall be separated fram female dogs at the City animal shelter, and healthy dogs shall be separated fram unhealthy dogs. I Section 13 NJI'ICE OF IMroUNDING PRESlMED - REDEMPTION It is the duty of every owner of any dog or other animal to know ORDINANCE NO. 1035 .. 028 its whereabouts at all tines. In the event that any dog or other animal is impounded, the owner shall redean the sarre within ninety-six (96) hours. or it shall be subject to disposal by the poundmaster as provided in Section 14. The owner of any impounded dog or other animal may redean the sarre I within such a period of tine by appearing at the MUnicipal Building. accept- ing a citation for violation of any ordinance of the City of Bozeman for which the owner may be properly charged. posting the required bond, and paying a per dian rate arranged by the City with the operator of the City animal shelter for each twenty-four (24) hour period or any part thereof that the animal is held. Any unlicensed dog that is impounded may only be redeaned by the owner procuring a license. as required by Section 2. in addition to paying the fees herein prescribed. A complaint may be filed in Police Court against the person redeaning any dog or other animal impounded for violation of any provision of this chapter. Failure to license a dog shall be punishable by fine as specified in Section 18 of this ordinance. Section 14 DISroSITION OF UNREDEEMED ANIMAlS If any impounded dog or other animal is not redeemed wi thin I ninety-six (96) hours from the tine it is taken and impounded. the owner thereof shall forfeit all right. title and interest therein, and the pound- master may offer the sarre for sale. Sale and such certificate of sale shall confer title and ownership of the dog or other animal, free of all clairrs and interest of the previous owner. In the event tha t any impounded dog or other animal is not redeemed by the owner or purchased. i t 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. Sect ion 15 INVESl'IGATIOO PR!XEJURE For the purpose of discharging the duties imposed by this chapter and enforcing its provisions. the Animal Control Officer or any police officer is empowered to demand from the occupants of any premises upon or I 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. ORDINANCE NO. 1035 030 " Section 16 ffiUELTY 10 ANIMALS A person commits the offense of cruelty to animals if without justification he knowingly or negligently subjects an animal to mistreat- I ment or neglect by overworking, beating, tonnenting, injuring or killing any animal; carrying an animal in a cruel manner or failing to provide an animal in his custody wi th proper drink, food or shelter; or abandoning a helpless animal or abandoning any animal on any public street, rai lroad or in any other place Where it may suffer injury. hunger or exposure or became a public charge or promoting, sponsoring, or conducting or participating in any fight between any animals. Section 17 LICENSEE IS LIABILITY - TRANSFER OF O\7NERSfUP In all prosecutions for violations of this chapter, the person . who applied for and obtained the license for the dog in question shall be deemed the person responsible for the violation unless there has been a transfer of ownership prior to the violation. Any transfer of ownership must be evidenced by a transfer pennit issued by the Department of Finance. A transfer pennit may be obtained by furnishing the name and address of the I transferee to the Department of Finance. Section 18 PENALTY FOR VIOLATlOOS Any person violating any provision of this chapter shall be guilty of a misdemeanor and shall be punished by imprisonment in the City or County jail of not to exceed ninety (90) days, or by a fine of not more than Five Hundred Dollars ($500.00), or by both such fine and imprisonment, except as otherwise herein provided. The minimum fine shall be that as established by the City Commission, and the minimum sentence shall be that as established by the City Commission. Section 19 SEVERABILITY If any part of this chapter is held to be unconstitutional or void, such part shall be deemed severable from the other parts, and the I invalidity thereof shall not affect the remaining parts of this ordinance. ORDINANCE NO. 1035 .. ' 0:31 Section 20 REPEALIN:i CLAUSE Ordinance Nos. 822. 857 and 937 of the City of Bozeman. MOntana. are hereby repealed in their entirety. All ordinances of the City of III Bozeman conflicting or inconsistent with this ordinance are hereby repealed. Section 21 This ordinance shall be in full force and effect thirty (30) days fram and after its final passage and approval according to law. PASSED AND AlX)PIED by the Ci ty Ccmni ss i on of the Ci ty of Bozeman this 3rd day of October . 19~. ,~ ~ ~- / c;Z- -<'^ ~ .---~'~,.. . - ATIESI' : // /~~,.d , I/. Jift-, --'~ I <';jer~ <.;]'ty CommsslOn State of Montana ) County of Gallatin ) City of Bozeman ) I, Erna V. Harding, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Ordinance No. 1035 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said Bozeman, in the issue of the 7th day of October 1979. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 12th day of December 1979. I i'~ .>.:;.' ..., ----' // ," ,," ,-' ~V".r- V. )7" " , '" " ,', . Clerk of the City Commi ion ORDINANCE NO. 1035