TITLE 6 ANIMALS

TITLE 6 ANIMALS

Chapters 6.04 Animal Control

Chapter 6.04 Animal Control

Sections:

6.04.010 Definitions

6.04.020 License—Required—Application—Fee

6.04.030 License—Tag

6.04.040 Restraint—Fine

6.04.050 Dogs in City Parks

6.04.060 Animal pound—Maintenance

6.04.070 Impoundment—Disposition

6.04.080 Impoundment—Redemption—Destruction

6.04.090 Confinement of certain animals

6.04.100 Vicious Animals

6.04.105 Maintaining a Vicious Animal

6.04.110 Exception to Chapter

6.04.120 Enforcement—Officer

6.04.130 Enforcement—Interference prohibited

6.04.140 Dog census

6.04.150 Records to be kept

6.04.160 Animals exposed to rabies

6.04.170 Nuisance Animals

6.04.171 Dog Disturbing the Peace

6.04.172 Penalty for Dog Disturbing the Peace

6.04.180 Alternative to death of animal

6.04.190 Cruelty to animals—Poisoning

6.04.200 Abandoning animals

6.04.210 Provoking animals

6.04.220 Damages for injured livestock or fowl

6.04.230 Violation – Penalty

6.04.240 Dog Waste.

6.04.010 Definitions

As used in this chapter, unless the context otherwise indicates, the following terms shall have the meanings ascribed to them in this section.

A. “Dog at Large” means a dog with a current license off the premises of the owner and not under restraint.

B. “Cat at Large” means a cat off the premise of the owner and not under restraint.

C. “Stray Dog” means any dog at large without a current license off the premises of the owner and not under restraint.

D. “Unlicensed Dog” means any dog without a license.

E. “Owner” means any person owning, keeping or harboring a dog or other animal.

F. “Pound” means a place of restraint maintained by the City of Dillon for the purpose of sheltering dogs and other animals restrained by the City of Dillon, Montana.


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G. “Restraint” means an animal controlled by a leash not longer than eight feet, an animal at

“heel” beside a competent person and obedient to that person’s command, an animal within the passenger compartment of a parked vehicle with the permission of the owner, an animal within the bed of a parked vehicle controlled by a leash attached to the vehicle, or an animal within the property limits of the premises controlled by the owner or other person consenting thereto.

H. “Visiting Dogs” means dogs not required to have a license under section 6.04.110 herein.

I. “Vicious Animals” means:

1. Any animal which, when unprovoked, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon the streets, sidewalks, or any public grounds or places; or

2. Any unrestrained animal which, when unprovoked and outside of the passenger compartment of a vehicle acts in a vicious or terrorizing manner towards any person, in an apparent attitude of attack upon the streets, sidewalks, or any public grounds or places;

3. Any animal with known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or

4. Any animal which bites, inflicts injury, assaults, or otherwise attacks a human being or domestic animal without provocation on public or private property; or

5. Any animal owned or harbored primarily or in part for the purpose of animal fighting or any trained for fighting; or

Notwithstanding the definition of a vicious animal above, no animal may be declared vicious if any injury or damage is sustained by a person who, at the time that injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or the keeper of the animal, or was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime.

No animal may be declared vicious if any injury or damage was sustained by a domestic animal which at the time that injury or damage was sustained the victim was teasing, abusing or assaulting the animal. No animal may be declared vicious if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault.

Amended Ord 400 April 19, 2000

J. “Enclosure” means a fence or structure of at least six (6) feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious animal in conjunction with other measures which may be taken by the owner or keeper, such as tethering of the vicious animal. The enclosure shall be securely enclosed and locked and designed to prevent the animal from escaping from the enclosure.

Enc Ord 365 August 21, 1991 Enc Ord 370 May 20, 1993 Amended Ord 392 March 6, 1997

Amended Ord 400 January 5, 2000 Amended Ord 400 April 19, 2000

6.04.020 License – Required – Application - Fee

A. No person shall own, keep or harbor any dog within the city limits unless such dog is licensed as provided in this chapter.


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B. Application for such license shall be made to the City of Dillon, and shall state the name and address of the owner and the name, breed, color, age and sex of the dog. The license fee shall be paid at the time of making application, a numbered receipt given to the applicant, and a numbered metallic or plastic tag shall be issued to the owner. The yearly license fee shall be ten (10) dollars for each male dog and ten (10) dollars for each female dog over the age of ninety days. Every person, group of persons, partnership, corporation, association or other legal entity engaged in the commercial business of buying, selling, breeding or boarding dogs, shall pay an annual license fee of twenty-five (25) dollars for each male or female. All dog licenses and kennel licenses shall be issued for one (1) year beginning with the first day of January of each year. Any license issued for any dog for the year immediately preceding the application for a current license shall be valid to, but not including, December 31. No application for a dog license shall be accepted until the applicant has produced satisfactory evidence that the dog for which the license is to be issued has been vaccinated for rabies within the period immediately preceding the date of application.

No person shall use for any dog a license, receipt or license tag, or evidence of vaccination for rabies issued for another dog.

A dog that is neutered and the appropriate documentation from a veterinarian supplied shall be licensed in the following manner:

Neutered Female $5.00

Neutered Male $5.00

C. In the event that a license tag issued for a dog shall be lost, the owner may obtain a duplicate tag upon the payment of one (1) dollar to the City of Dillon.

D. If there is a change of ownership of a dog or kennel during the license year, the new owner shall have the current license transferred to his name within thirty (30) days upon application to the City of Dillon.

Enc Ord 365 August 21, 1991 Enc Ord 346 July 2, 1986 Enc Ord 370 May 20, 1993

Amended Ord 392 March 6, 1997

6.04.030 License - Tag

The license tag provided shall be stamped with the number and the year for which it is issued.

The shape, design or color of such tag shall be changed from year to year. Every licensed dog shall at all times wear a choke chain, collar or harness to which is attached a license tag and rabies tag.

Any dog found without a tag shall be deemed unlicensed even though a license has been issued.

All guide dogs and handicapped assist dogs shall have a license issued to them at no charge by the city.

No person under the age of eighteen may license a dog or other animal without proper cosignatures.



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6.04.040 Restraint - Fine

The owner shall keep his dog or cat under restraint at all times. Upon violation of this section, there shall be imposed a minimum fine of fifty ($50.00) dollars for the first offense; a fine of seventy five ($75.00) dollars for the second offense; and a fine of one hundred fifty ($150.00) for the third offense for a violation of this section. On the fourth violation of this section the dog or cat shall be destroyed by lethal injection by a licensed veterinarian subject to the provisions of

Section 6.04.180 - Alternative to death of animals. In addition all owners, prior to having their dog or cat returned, must agree to have their dog or cat spayed or neutered and provide a certificate from a veterinarian that the animal has been spayed or neutered within two weeks after the release of the animal. Failure to comply with this provision shall constitute a violation of this chapter.


6.04.050 Dogs or Cats in City Parks

It shall be unlawful for any dog or cat, whether under restraint or at large, to be in any city park.


6.04.060 Animal Pound - Maintenance

The city shall maintain a pound for the impounding of dogs and other animals. Such pound shall be so constructed that animals of different kinds and different sizes and sexes may be segregated, and shall be maintained in a safe and sanitary condition. Such pound may either be constructed and operated by the city or the city may enter into a contract with a veterinarian or other suitable person for the supplying and operation of the same. All animals confined in the pound shall be regularly fed and watered and treated in a humane manner.


6.04.070 Impoundment - Disposition

All dogs or cats at large or stray dogs or cats, and all animals that are sick, injured or that constitute a public nuisance, shall be taken up by the animal warden and impounded in the pound, and there confined in a humane manner for a period of three (3) days.

Immediately upon impounding dogs or cats other animals, the city shall make reasonable effort to notify the owners of such dogs or cats or other animals so impounded, and inform such owners of the conditions whereby they may regain possession of such animals.

If an impounded dog or other animal is not redeemed within three (3) days from the time it is taken and impounded, the owner thereof forfeits all rights, title and interest therein and the animal warden may dispose of the animal as he or she deems appropriate.

All dogs and cats destroyed shall be destroyed by lethal injection by a licensed veterinarian.

All other animals to be destroyed shall be done in a humane manner.

Enc Ord 365 August 21, 1991

Enc Ord 370 May 20, 1993 Amended Ord 392 March 6, 1997


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6.04.080 Impoundment – Redemption - Destruction

The owner shall be entitled to regain possession of any impounded dog or cat, except as provided in the case of certain dogs or cats in this chapter, upon compliance of the license provisions contained in Section 6.04.020 and the payment by the owner to the city clerk of the fine called for herein, the sum of ten (10.00) dollars impoundment fee for each dog, and the additional sum of five (5.00) dollars for each day such dog has been kept in the pound. In addition all owners, prior to having their dog or cat returned, must agree to have their dog cat spayed or neutered and provide a certificate from a veterinarian that the animal has been spayed or neutered within two weeks after the release of the animal. Failure to comply with this provision shall constitute a violation of this chapter.


Enc Ord 355 May 4, 1988 Enc Ord 370 May 20, 1993 Amended Ord 392 March 6, 1997

6.04.090 Confinement of Certain Animals

The owners shall confine within a building or secure enclosure, every vicious animal, and not take such animal out of such building or secure enclosure unless such animal is securely muzzled. Every female animal in heat shall be kept confined in a building or secure enclosure or in a veterinary hospital or boarding kennel, in such manner that such female animal cannot attract another animal. No wild animal may be kept within the city limits, except under such conditions as shall be fixed by the city provided, however, that wild animals may be kept for exhibition purposes by circuses, zoos and educational institutions in accordance with such regulations as shall be established by the City of Dillon, Montana. Any animal described in this chapter, found at large, shall be impounded by the animal warden and may not be redeemed by the owners unless such redemption is authorized by the animal warden.


Enc Ord 370 May 20, 1993 Amended Ord 392 March 6, 1997

6.04.100 Vicious Animals

Whenever the animal warden has probable cause to believe that any dog or cat or other animal has bitten a person and that the person bitten was not at the time trespassing upon the property of, or injuring or attempting to injure the person, family or property of the owner, the animal warden shall issue an order requiring the owner of such dog or cat or other animal to surrender the same to a licensed veterinarian for quarantine within twenty-four (24) hours after service of the order. Such order may be served by the animal warden or any law enforcement officer and, if the owner cannot be found at his place of residence, the order may be served by leaving it with a person of suitable age and discretion at, or by placing it in a prominent place at the front door of such residence. It is unlawful for any person to refuse or neglect to surrender any such animal within twenty-four (24) hours after the service of such orders, and the animal warden shall seize and impound such animal at a licensed veterinarian’s office at the owner’s expense. In the event that the owner is unknown, the animal warden or any law enforcement officer shall seize and impound such animal without notice. All dogs or cats or other animals impounded under this section shall be quarantined at a licensed veterinarian hospital in the city for the period and under the same conditions as stated above.


6.04.105 Maintaining a Vicious Animal


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It is unlawful for any person or entity to own, harbor or maintain a vicious animal within the City of Dillon. Any animal adjudicated a vicious animal shall be destroyed by a licenses veterinarian.


6.04.110 Exceptions to Chapter

Hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of animals and humane society are exempt from the provisions of this chapter, except where such duties are expressly stated. The licensing requirements of this chapter shall not apply to any animal belonging to nonresidents of the city and kept within the city for not longer than thirty (30) days, provided all such dogs shall at such times while in the city be kept within a building, enclosure or vehicle, or be under restraint by the owners. The owners of any such dogs impounded shall have to provide proof of rabies vaccination before the animal will be released.


6.04.120 Enforcement Officer

The provisions of this chapter shall be enforced exclusively by the regular or special animal warden officer, or any policeman of the city, or sworn law enforcement officer. Any attempt at enforcement by any persons or entities other than the regular or special animal warden or any sworn law enforcement officer will be a violation of this chapter and shall be punished as provided in Section 6.04.230. Charging a person with an offense under Section 6.04.120 does not preclude the filing of other charges against the person as authorized by Montana law.


Amended Ord 431 June 15, 2011

6.04.130 Enforcement - Interference Prohibited

No person shall interfere with, hinder, or molest the animal warden or any policeman acting in that capacity, in the performance of any duty of his office, or seek to release any animal in the custody of the animal warden or owner except as provided in this chapter.


6.04.140 Dog Census

At least once every two (2) years a complete census may be taken of all dogs in the city and anyone found to be harboring an unlicensed dog required to be licensed by the provisions of this chapter shall be required immediately to obtain a license for such a dog or shall be cited into court to answer to charges of violation of this chapter.


6.04.150 Records to be Kept

It shall be the duty of the animal warden to keep, or cause to be kept, accurate and detailed records of the licensing, impoundment and disposition of all animals coming into his custody. It shall be the duty of the animal warden to keep, or cause to be kept, accurate and detailed records of all bite cases reported to him and his investigation of the same. It shall be the duty of the animal warden to keep, or cause to be kept, accurate and detailed records of all money belonging to the City of Dillon, Montana, which records shall be open to inspection at reasonable times,


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and shall be audited by the City of Dillon, Montana, annually, in the same manner as other city records are audited.


6.04.160 Animals Exposed to Rabies

Every dog or cat or other animal which has been bitten by, or exposed to any animal suspected to have been infected with rabies, shall be forthwith seized and taken by the animal warden or any law enforcement officer and securely and separately impounded. All such animals shall be quarantined under the supervision of a licensed veterinarian for a period of ten (10) days. It shall be the duty of the animal warden to notify the city attorney of every such animal impounded. If, after observation, under the supervision of a licensed veterinarian for such period, any such animal is adjudged free of rabies, the owner may reclaim the animal, upon payment of all costs of keeping the animal and upon compliance with vaccination requirements. In the event any animal under quarantine is diagnosed as being rabid, it shall be disposed of only under the orders and directions of the city attorney in his absolute discretion.


Section 6.04.170 Nuisance animals.

A. It is hereby declared a public nuisance for any dog or other animal to destroy property or other pets, to bite, or chase after persons not trespassing on the property of, or injuring or attempting to injure the person, family, or property of the owner, to chase vehicles in public streets or ways.

Any such nuisance animal may be taken up and impounded by the animal warden or any law enforcement officer.

B. 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 warden and all law enforcement officers to issue tickets and file complaints for all such violations occurring in their presence. Any person aggrieved by a nuisance animal may file a complaint with the animal warden. If upon investigation, the animal warden believes there is probable cause that the animal is a nuisance, he shall charge the owner with the violation of this section. Upon a third conviction under this section, the nuisance animal shall be seized and taken by the animal warden and put to death forthwith.



Section 6.04.171 Dog Disturbing the Peace.

It is hereby declared a public nuisance for any dog or other animal to howl, yelp, or bark for prolonged periods or by any other means, cause annoyance or disturbance so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood or by any considerable number of persons. It shall be at the discretion, of the animal and law enforcement officers to issue citations or file complaints on violations occurring in their presence Each day the disturbance continues is a separate offense.

Enc Ord 431 June 15, 2011

Section 6.04.172 Penalty for Dog Disturbing the Peace.

Any person permitting a dog to disturb the peace as defined in Section 6.04.171 hereof shall be fined Fifty Dollars ($50.00) for a first offense, and One Hundred Dollars ($100.00) for a second offense committed within six months. For a third offense occurring within six months of the first offence the fine shall be Two Hundred Dollars ($200.00).


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Enc Ord 431 June 15, 2011

6.04.180 Alternative to Death of Animals

Enc Ord 365 August 21, 1991 Enc Ord 370 May 20, 1993 Amended Ord 392 March 6, 1997;

Repealed

6.04.190 Cruelty to Animals; Poisoning

It is unlawful for any person to willfully injure any animal. All animals must be kept in a humane manner with at least food, shelter, and water. It is unlawful for any person to lay out or expose any poison for the purpose of killing any dog or other animal, or to aid or abet any person in so doing.


6.04.200 Abandoning Animals

It is unlawful for any person to abandon any animal.


6.04.210 Provoking Animals

It is unlawful for any person to provoke, harangue, tease, torment or in any way disturb a dog or other animal with the intent to cause it to bark or attack any person.


6.04.220 Damages for Injured Livestock or Fowl

The owner of livestock or fowl injured or killed by any animal may recover damages from the owner of the animal for the death of the said livestock or fowl or injuries thereto. If two or more dogs or animals are kept by two or more owners, and the dogs or animals injure or kill any livestock or fowl, the owners or keepers of the dogs or animals are jointly and severally liable for such damages. It shall be no defense that the owner or keeper of the dog or animal had no knowledge of the dog’s or animal’s whereabouts at or prior to the time when the dog/animal injured or killed the livestock or fowl, or that the owner or keeper of the dog or animal had no knowledge of the dog’s or animal’s disposition or inclination to worry, injure, or kill livestock or fowl.


6.04.230 Violation—Penalty

Any person violating any provisions of this chapter shall be deemed guilty of a misdemeanor and punished by a fine not to exceed two hundred fifty (250.00) dollars, and if such violation is continuing, each day’s violation shall be a separate offense.



6.04.240 Dog Waste

Any person violating any provisions of this chapter shall be deemed guilty of a misdemeanor and punished as provided in the section. If no penalty is provided for the offense the person convicted of the violation shall be punished by a fine not to exceed two hundred fifty dollars

($250.00), and if such violation is continuing each day’s violation shall be a separate offense.


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Enc Ord 370 May 20, 1993 Amended Ord 415 June 20, 2007




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