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.
6.04.180 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.
6.04.010 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
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.
(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
Not withstanding 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.
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
.
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.
B. Application
for such license shall be made to the City of
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
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
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 co-signatures.
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.
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.
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.
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 It is unlawful for
any person or entity to own, harbor or maintain a vicious animal within the
City of
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 by the regular or special animal warden or any
policeman of the city.
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, 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.
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, or by
prolonged howling, yelping, barking or by any other means, cause annoyance or
disturbance to any person. 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.
6.04.180 Alternative to
death of animals Whenever an animal is
to be put to death under this chapter the owner or other person may apply to
the City Court for permission to remove the animal permanently from the city,
and upon such persons filing with the court his/her written agreement to remove
the animal from the city supported by a bond, having the term of five (5)
years, in the penal sum of one hundred dollars (100.00) with sufficient
sureties, the judge may, in his/her discretion, make an order allowing said
animal to be removed from the city instead of being put to death. This alternative shall not comply to animals
infected with rabies or animals adjudicated as vicious. The animal, before
being released, must have a current rabies vaccination.
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 or thirty (30) days in jail, and if such violation is continuing, each
day’s violation shall be a separate offense.