Ordinance 1683 - NOT ACTED ON - Amending Animal Regulations09/20/2010: TABLED TO 10/04/2010
10/04/2010: TABLED TO 11/01/2010
11/01/2010: NOT ACTED ON
ORDINANCE NO. 1683
AN ORDINANCE AMENDING THE CITY OF KALISPELL MUNICIPAL CODE
REGARDING THE REGULATION OF ANIMALS WITHIN THE CITY CODIFIED AT
CHAPTER 4, AMENDING ALL PARTS OR PORTIONS OF ORDINANCES IN CONFLICT
HEREWITH, DECLARING AN EFFECTIVE DATE, AND AUTHORIZING THE CITY
ATTORNEY TO CODIFY THE SAME.
WHEREAS, the Kalispell Municipal Ordinances regarding the regulation of animals within the
City are largely intact from the initial legislation enacted in 1947 and last received
minor amendment in 2007; and
WHEREAS, based upon many years of experience in enforcing the regulation of animals,
particularly in the realm of dangerous dogs, it is in the best interest of the City to
reevaluate the existing code from time to time and make any necessary amendments
to respond to current issues of enforcement; and
WHEREAS, it is in the best interests of the City to amend the Municipal Code regulating animals
in the City to incorporate those changes that have occurred as reflected in Exhibit "A"
attached hereto.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The City of Kalispell Municipal Code codified at Chapter 4 of the
Code is hereby amended as set forth in Exhibit "A", attached hereto
and incorporated fully herein by this reference.
SECTION II. The City Attorney is hereby authorized and directed to recodify this
Ordinance.
SECTION III. This Ordinance shall take effect thirty (30) days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS DAY OF 12010.
ATTEST:
Theresa White
City Clerk
Tammi Fisher
Mayor
Exhibit "A"
Article 1 IN GENERAL
4-1 Keeping of Cattle, ete., Livestock in City Prohibited.
No person shall keep within the City limits any cattle, mules, sheep, goats, buffalo, swine, wild
or domesticated predatory or game animal; provided, however:
A.That this section shall not be applicable upon property owned by the Flathead County
Fair Board and operated by such Board as a fairgrounds within the City, and
B. That this section shall not be applicable to persons who keep pygmy goats or potbellied
pigs as household pets, provided that no person shall keep more than two (2) pygmy goats
or two (2) potbellied pigs.
C.Horses are permitted within any zoning district subject to the following minimum
requirements:
1. The number of horses permitted on a property shall equal one horse per one acre
of fenced pasture land.
2. Offspring to permitted animals living on the lot shall not be counted as part of the
animal density for one year from date of birth at which time the owner shall bring the
animal density back into compliance with this section.
3. Property owners must maintain the animals and pasture in a manner that does not
cause adverse impact to neighboring property owners. Potential negative impacts on
adjacent properties include offensive odors, pasture runoff and the unusual presence of
insects (flies). Failure to maintain the property in accordance with these requirements
shall be considered a violation of this section.
4. Property annexed into the City exceeding the densities required under subsection
(C)(1) of this section shall have up to two (2) years from the date of annexation to
bring the animal density into compliance with this section.
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4-2 Animals Running at Large.
The herding, driving or running at large of horses, mules, sheep, goats, buffalo, colts, swine or
cattle, or such other animals, upon the streets, avenues, alleys, parks or public places or grounds
within the City, or the herding of such animals on any unenclosed private grounds within the
City is hereby prohibited. and deelared to be ^misdemeanor-.
4-3 Offenses Generally Relating to the Handling of Horses.
It shall be unlawful within the limits of the City except upon property owned by the Flathead
County Fair Board and operated by such Board as a fairgrounds:
A. Speed: To ride or drive any horse at a speed greater or faster than at a walk.
B. Sidewalk Crossing: To ride or drive any horse over a sidewalk except at a crossing.
C. Fasten to Fire Hydrant: To tie or fasten any horse to a fire hydrant.
D.Leave Unattended: To leave any horse standing untied or unfastened, unless some
suitable person be in charge thereof.
4-4 Tying Horses or Other Animals so as to Graze or Walk Over Streets and Sidewalks.
It shall be unlawful for any person to tie any horse, cow or other animal upon any private lot or
other piece of land within the City limits in such a manner that such horse, cow or other animal
may graze upon the streets, alleys or other public places within the City, or to tie such animals so
that they may walk upon or over the sidewalks of the City. , and any per -so violating the
. . of this seetion will be deemed guilty of a misdemeanor- and, upon eenvietieft thereof,
shall be punished as provided i Seet o i 9 of this Code
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4-6 5 Dogfighting, Cockfighting.
It shall be unlawful for any person within the City to allow or permit any animal or fowl under
his or her control to engage in any dogfight or cockfight or a fight of any kind between animals
and any_person violating the provisions of this section will be deemed .may of a misdemeanor
and, upon conviction thereof, shall be punished as provided in Section 1-9 of this Code.
4-7 6 Hauling or Dragging Dead Animals Through Streets.
A. No person shall haul the body of a dead animal on any of the streets, avenues or alleys of
the City without such body being entirely covered in such a manner that no part of such
body shall be exposed to view.
B. It shall also be unlawful for any person to drag the body of a dead animal on any of the
streets, avenues or alleys of the City.
4-97 Fowl Running at Large.
It shall be unlawful for any person to permit any turkeys, chickens, geese, ducks or other
domestic fowl belonging to him or under his or her control to run at large upon any street or
other public place or upon the premises of another.
4-8 Disposal and Accumulation of Manure and Body Waste of Domestic Animals and Pets.
A. It shall be unlawful for the owner or person havingcustody of any dog to fail to immediately
move and dispose of in a sanitary manner any solid waste deposited by such dog on public
property or deposited on private property without the consent of the person in control of the
property,
B. No owner or occupant of any premises where horses or other domestic animals or dogs, cats
or other domestic pets are kept within the city shall deposit, cause to be deposited or allow to
accumulate within or about such premises for a longer time than forty eight (48) hours, any
manure or body wastes from domestic animals and pets. Such person shall provide a receptacle
of sufficient size for the reception of such manure or body wastes of domestic animals and pets.
C. Such receptacle shall be so constructed that the contents thereof will not be accessible to
flies; and such receptacle shall be placed upon the premises owned, occupied or controlled by
such person in a location as remote as possible from any surrounding dwelling or street. Such
person shall empty and cleanse the same as often as necessary, but not less than once each week.
4-9 Penalties.
Unless otherwise specifically designated as a misdemeanor within this Article it shall be a
municipal infraction pursuant to Article 1-2 for any person to violate the provisions of this
Article.
Article 2 DOGS
4-10 Definitions.
AGGRESSIVE DOG: A dog that threatens, charges, or interferes with persons or other domestic
animals on public or private property without provocation.
ANIMAL: All vertebrates except human beings.
BITE: Any abrasion, scratch, puncture, laceration, bruise, tear or piercing of the skin inflicted by
the teeth of an animal.
COLLAR: A band, chain harness, or other suitable device worn on a dog to which a tag may be
affixed. This instrument shall be substantial enough to endure the animal's activity without being
lost and without inflicting pain to the animal.
CRUELTY: Cruelty to animals as set forth in Section 45-8-211, Montana Code Annotated.
DANGEROUS DOGS: Any dog declared dangerous by the Kalispell Municipal Court pursuant
to subsection 4-23-(C) of this article.
DOG: Any canine animal, of either sex (whether or not spayed or neutered) or any dingo, wolf,
coyote, or cross that is kept as a dog.
LICENSE: A tag obtained from the City Finance Office, which must be secured to a collar on the
animal. Licenses shall not be transferable between animals. The term "tag" means "license."
LICENSE YEAR: One year from the date of license purchase.
OWNER: Every person who owns, harbors or keeps a dog.
PANEL: A panel of qualified individuals selected pursuant to section 4-23-(B) of this article.
PROPER ENCLOSURE: While on the owner's property, a dangerous or aggressive dog shall be
securely confined indoors, that is the owner's dwelling, residence, or garage, or in a securely
enclosed and locked pen or structure, suitable to prevent young children from entering or
reaching into and designedprevent the dog from escapinchpen or structure shall have
secure sides and bottom from which the dog cannot escape as by digging, climbing, leaping, etc.
No porch, patio or any part of a dwelling or structure which would allow such dog to exit such
building on its own volition through open windows or when screen windows or screen doors are
the only obstacle preventingthe from exiting the structure shall be considered to be a proper
enclosure.
RABIES VACCINATION: An inoculation administered by a veterinarian with any rabies
vaccine, the use of which is licensed by the United States Department of Agriculture.
RUNNING AT LARGE: Any dog which is off the premises of the owner and is not under the
immediate and continued control of its owner or an authorized agent of the owner by leash, or by
complete confinement within or restraint upon a vehicle. Dogs controlling livestock or in other
related agricultural activities, are to be excluded from this definition.
STRAY: Any dog which does not have a current valid license attached to it or a tattoo which
establishes ownership and which is found off the property of its owner.
TATTOO: A permanent identification number, provided at owner's expense, tattooed on the
dog's right inner thigh by a licensed veterinarian, or person trained as a tattooist in a manner that
will provide positive individual identification of such dog and shall be duly registered with the
city in connection with the licensing of said dog.
VETERINARIAN: A doctor of veterinary medicine holding a valid license to practice his or her
profession.
VICIOUS DOG. Any dog w-hieh bi Pts to bite any human being without-Pfeveeatten.
or- w-hieh harasses, > bites,
or- attempts to bite any other- animal. Any dog, whil
large, w-hieh bites or- attaeks any p----- imal shall b presumed to be a vieieus-deg,
WARDEN: The City of Kalispell Animal Warden.
4-11 Warden.
The Warden is hereby vested with the power and authority necessary to enforce the provisions of
this article.
4-12 Warden Authority.
The Warden is authorized and empowered to apprehend and impound any dog found in violation
of this article.
4-13 Police Officers Have Concurrent Authority.
Members of the Kalispell Police Department shall have the same authority in the enforcement of
the provisions of this article as are granted the Warden.
4-14 Interference With Warden; Unlawful.
It shall be unlawful and punishable under the misdemeanor penalty provisions of Article 1-9
Seetion 4-27 of this aftie'e- for any person to knowingly and intentionally interfere with any
Warden in the lawful discharge of his or her duties as herein prescribed.
4-15 License; Required; Fees.
A. It shall be unlawful for any person to keep, harbor, or maintain any dog over six (6)
months of age in the City of Kalispell unless such dog is duly licensed or deemed exempt as
herein provided. Licenses shall be issued by the City Finance Office.
B. The fees for such license shall be as follows:
1. Spayed females and neutered males, five dollars ($5.00) each per year.
2. Unspayed females and unneutered males, fifteen dollars ($15.00) each per year.
4-16 Prerequisites to Issuance of License.
Before a dog license is issued, the owner of such dog must present a certificate from a
veterinarian stating that such dog has received a rabies vaccination. The certificate must show
that the rabies vaccination is current. Providing, further, no license shall be issued for a spayed
female dog or a neutered male dog until the City Finance Office has been furnished with a
certificate from a licensed veterinarian that such dog has been spayed or neutered, except,
however, renewal licenses for dogs may be issued for such dog without the production of such a
certificate on each application for renewal license.
4-17 Issuance of License; Tags; Exemptions.
A.Upon the owner's compliance with Sections 4-15 and 4-16 of this article, the City
Finance Office shall issue a tag, imprinted with the license number, to be worn on the dog's
collar.
B. if the metal tag is lost, a duplicate tag shall be obtained by making application to the City
Finance Department, who shall issue a duplicate tag upon payment by the applicant of a
fifty cent ($0.50) fee.
C.Licensing provisions of this article shall not apply to:
1. Any dog whose owner is a nonresident of the City of Kalispell and who is
temporarily within said City for thirty (30) days or less.
2. Any dog brought into the City for the sole purpose of participating in a dog show
or dog contest.
3. Dogs used as eyes for the blind or ears for the deaf.
4. Any government owned police service dog, including search and rescue dogs, is
exempt from this article.
D.Any current dog license tag issued annually by any incorporated city or town within
Flathead County, Montana, or by the Flathead County Animal Control Center, pursuant to
an ordinance and which provides for the wearing of the license tag upon the collar of the
dog and the keeping of a record which establishes the identity of the person who owns,
keeps or harbors the dog constitutes compliance with the licensing provisions of this article.
4-18 Records to Be Kept by City Finance Department.
The City Finance Department shall keep a suitable record of the licenses issued under the
provisions of this article and shall record all necessary information required for issuance of
licenses.
4-19 Running at Large; In Heat.
A. it shall be unlawful for any owner of a dog to allow said dog to run at large within the
City limits. All dogs licensed or unlicensed running at large are subject to impoundment.
This provision shall not be construed so as to prohibit the owner or another person from
having a dog on a public street, alley, or public place within the City if said dog is then and
there controlled by such person by a chain or leash of not more than six feet (6') in length
tied to the dog and held by said person.
B.Every person having under his or her control any female dog in heat (i.e., in the estrual
period) shall confine such a dog in a house, garage or other enclosed area. The female shall
be confined in such a manner that said female cannot come into contact with a male dog
except for planned breeding. Such a female dog not confined is a public nuisance, and the
Warden or any City police officer may immediately abate such nuisance by impounding
such dog.
4-20 Impounding, Redemption or Other Disposal of Unlicensed Dogs.
(Rep. by Ord. 1381A, 5-21-2001)
4-21 Impoundment; Pursuit; Fees and Board.
A. The following are subject to impoundment:
1. Any dog being kept or maintained contrary to the provisions of this article;
2. Any dog running at large contrary to the provisions of this article;
3. Any dog which is required to be licensed by this article and is not licensed;
4. Any sick or injured dog whose owner cannot be located;
5. Any abandoned dog;
6. Any dog held for quarantine;
7. Any stray dog;
8. Any vieieus dangerous or aggressive dog found in violation of Section 4-23 of
this article.
B. The Warden, or any City police officer, is hereby empowered and authorized to enter
upon private property including the premises of the dog's owner, in order to apprehend any
dog which is running at large, in order to apprehend said dog.
C. Dogs impounded by the Warden or Kalispell Police Officer, pursuant to this article shall
be housed at the Flathead County Animal Control Center. , and the ,,otiee to owner-
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to dogs impounded by the War -den City Pelieew A written notice of impoundment shall
be sent to the owner, if known, within 24 hours of the impoundment. The owner of the dog
shall be responsible for payment of all impound fees and any other liabilities and
requirements that may be set forth by the Flathead County Dog Ordinance.
4-22 Rabies Control.
A. It shall be the duty of every person or owner keeping, harboring, or maintaining a dog
over four (4) months of age to provide effective rabies vaccination of such dog. This
provision shall not apply to:
1. Licensed veterinarians;
2. Grooming parlors.
B. The warden shall have the authority to order the owner of any dog showing symptoms of
rabies or any dog which has bitten any person so as to cause an abrasion of the skin or any
dog that has been bitten by or exposed to any animal suspected to have been infected with
rabies to deliver such dog to the Flathead County Animal Control Center for quarantine for
a period not to exceed fifteen (15) days. Such dog may be quarantined under the supervision
of a licensed veterinarian, except as specified below:
1. In the case of an unvaccinated dog which is known to have been bitten by a
laboratory confirmed rabid animal, said dog shall be vaccinated within twenty four
(24) hours and quarantined for a period of six (6) months. Said dog shall be destroyed
if the owner does not comply with the provisions of this section.
2. In the case of a vaccinated dog which is known to have been bitten by a
laboratory confirmed rabid animal, said dog shall be revaccinated within twenty four
(24) hours and quarantined for a period of thirty (30) days. Said dog shall be destroyed
if the owner does not comply with the provisions of this section.
3. After the quarantine period, if the Flathead County Animal Control Center
determines the dog is free of rabies, the owner may reclaim the dog upon payment of
the boarding and impoundment fees or any licensing fees.
4. If any dog under quarantine is diagnosed as being rabid, it shall be disposed of
only under the orders and direction of the Flathead County Animal Control Center
and/or licensed veterinarian.
C.It shall be unlawful and punishable by imprisonment for a term not to exceed six (6)
months or by a fine of not less than five hundred dollars ($500.00) or both, for any person to
refuse or fail to quarantine any dog as required by this article or to remove any dog
quarantined under this section from the place of quarantine without written permission of
the Warden.
4-23-(A): Keeping Of Dangerous and/or Aggressive Dogs:
It shall be unlawful to keep, harbor, own or in any way possess within the city limits a dangerous
or aggressive dog, unless registration, all restraints and conditions as hereinafter set forth in
regards to dangerous or aggressive dogs are fully complied with by the owner as hereinafter
provided.
4-23-(B): Panel Established:
The chief law enforcement officer of the city shall select and appoint a panel of three (3)
qualified individuals, knowledgeable about dog behavior for the purpose of determining, in their
opinion, as to whether or not the dog complained of is a dangerous dog. To the greatest extent
practicable, the panel shall collectively represent a diverse background in dog behavior and in no
case may all of the members of the panel be from the same discipline nor may a panel include
any individual that may be connected to the case under consideration. For the purposes of this
section, "qualified individuals" mean:
Animal behaviorists with at least a bachelors' degree in animal behavior
Dos behavior modification trainers
Dog breeders
Dog obedience judo
Law enforcement officers that are K-9 handlers
Recognized dog trainers
Veterinarians who treat doss and cats
4-2340: Judicial Process:
1. Petition For Hearing:
a. If the Warden or other Kalispell Police Officer has investigated and determined that
there exists probable cause to believe that a do i.an ems, the Warden or Kalispell
Police Officer shall petition the Kalispell Municipal Court for a panel review for the
purpose of making a recommendation to the Court of whether or not the dog in
question should be declared dangerous.
b. Whenever possible, any complaint received from a member of the public which serves
as the evidentiary basis to support the observations of the Warden or Kalispell Police
Officer to find probable cause shall be sworn to and verified by the complainant and
shall be attached to the petition.
c. The Kalispell Municipal Court, upon the finding of probable cause, shall notify the
owner of the dog, by certified mail, and the chief law enforcement officer by best
means possible, that a panel review will be held within 14 days, at which time the
owner may present evidence to the panel as to why the dog should not be declared
dangerous.
d. If, in the interim, the dog is not restrained in a proper enclosure by the owner, the
Warden or Kalispell Police Officer may impound the dog until the panel makes its
determination.
e. Within 5 days following the panel review, the panel shall provide a report of its
findings to the Kalispell Municipal Court. The Court, after consideringthe report may. in
its discretion, then schedule and appropriately notice a hearing two gather further evidence,
or may issue its determination and order based upon the report of the panel. The Order
shall be delivered to the owner either personally or by first class mail. If the court finds
beyond a reasonable doubt that the do is sedan dangerous, the owner shall comply with all
provisions of the order within thirty (30) days from the date the notice is mailed.
4-23-(D): Dangrerous Doe Procedures:
1. Determination:
a. The Kalispell Municipal Court shall declare a dog dangerous if it finds beyond a
reasonable doubt that the dog, when unprovoked, in an aggressive manner:
i. Caused bodily injury to a person,
ii. Bites or kills a domestic animal without provocation while off the dog owner's
property; or
b. A dog may not be declared dangerous if the person who was injured:
i. Was committing, at the time, a willful trespass or other tort upon the premises
occupied by the owner,
ii. Was provoking, tormenting, abusing or assaultingthe or can be shown to have
in the past provoked, tormented, abused or assaulted the dog, or
iii. Was committing or attempting to commit a crime.
c. The provisions of this subsection do not apply to dogs that are used by law
enforcement officials for police or similar work.
d. The Kalispell Municipal Court may make the determination, based upon the evidence
that the dog is aggressive and impose conditions requiring the immediate erection and
maintenance of a proper enclosure as defined above and to properly restrain the dog as
set forth in 23- (D)(2)(a)(iii) below.
2. Restraint Requirements:
a. If the Kalispell Municipal Court declares a dog to be dangerous, it shall issue an order
and a schedule for compliance which shall require the owner to comply with the
following conditions:
i. To display, in a conspicuous manner, a clearly visible warning sign, including a
warning symbol for children, that there is a dangerous do ohepremises. The
sign shall be a standardized sign, as determined by the panel.
ii. To immediately erect or maintain a proper enclosure for the dangerous doh
iii. To confine the dangerous do in enclosure, except that if the dog is
outside the proper enclosure, the dog must be muzzled and restrained by a
substantial leash or chain of not more than six feet (6') in length and must be under
the physical restraint of a responsible person who is at least eighteen (18) years of
age. The muzzle must be made in a manner that will prevent the dog from biting
any person or animal but that will not cause injury to the dog or interfere with its
vision or respiration.
iv. To notify the chief law enforcement officer if the dangerous dog is at large.
v. To notify the chief law enforcement officer within twenty four (24) hours of the
death, sale or donation of a dangerous dog.
vi. The owner has a surety bond issued by a surety company authorized to do business
in this state, in a form acceptable to the city, in the sum of at least fifty thousand
dollars ($50,000.00), payable to any_person injured by the dangerous dog or a
liability insurance policy issued by an insurance company authorized to do business
in this state in the amount of at least fifty thousand dollars ($50,000.00), insuring
the owner for any injuries inflicted by the dangerous dog.
vii. The city will charge the owner an annual fee of $250.00, in addition to any regular
dog licensing fees, to obtain a certificate of registration for a dangerous dog.
viii. The owner shall, at his own expense, have the registration number assigned to the
dangerous dog by the city tattooed on the dogs right inner thigh.
ix. That the owner of the dog be at least eighteen(18) years of age.
4-23-(E): Confiscation.
1. Seizure: The Warden or a Kalispell Police Officer shall seize a dangerous dog i£
a. The owner knows that the dog has been declared dangerous and the owner has not paid
the annual fee or secured the proper liability insurance or surety coverage as required
under subsection 4-23-(D)(2)(a)(vi) of this article, or
b. The dog is not maintained in a proper enclosure or is outside the proper enclosure and
not under physical restraint as required under subsection 4-23-(D)(2)(a)(iii) of this
article.
2. Reclaiming Dog: After notification by the Warden or Kalispell Police Officer, a
dangerous do seized to subsection A of this section may be reclaimed by the
owner upon payment of impounding and boarding fees and the presentation of proof to
the Warden or Kalispell Police Officer that the reasons for the seizure of the dog have
been or will be cured. A dog not reclaimed under this subsection within seven (7) days
after notification may be humanely destroyed and the owner is liable to the city for costs
incurred in confining and destroyingtg.
3. Destruction Of Dos: If an owner of a dos is convicted of a violation for which the do
was originally seized, a court may order that the dog be confiscated and humanely
destroyed and that the owner pay the cost incurred in confiscating, confining and
destroying t
4. Subsequent Violations:
a. If an owner of a dog has been found guilty of violating a provision of this article, and
the owner is charged with a subsequent violation relating to the same dog, the dog
must be seized by the Warden or Kalispell Police Officer, and if the owner is found
guilty of the subsequent violation, the court shall order that the dog be destroyed and
that the owner pay the cost of confiscating, confining and destroyingtg.
b. If the owner is not convicted of the subsequent violation, the owner may reclaim the
dog upon payment of impounding and boarding fees. If the dog is not reclaimed by the
owner within seven (7) days after the owner has been notified that the dog may be
reclaimed, the dog may be humanely destroyed and the owner shall be liable to the city
for the costs incurred in confining and destroying the dog.
5. Procedures During Appeal: The dog may not be destroyed during the pendency of an
appeal.
4-23-(F): Destruction of Dangerous Doe at Large.
If any dog is runningae and presents a danger to the public, and it appears to the Warden or
Kalispell Police Officer that it is necessary to destroy such a dog in order to protect the public
from the dog, regardless of whether or not the dog has been declared dangerous, the Warden or
Kalispell Police Officer is hereby authorized to destroy the dog.
4-23-(G): Violations; Penalty.
Any dog owner who violates any provisions of this Section 4-23 et seq. regarding dangerous
dogs, or permits any such violation or fails to comply with any of the requirements thereof, will
be subject to penalties of a criminal misdemeanor under KMC Article 1-9. For purposes of
sentencing the Kalispell Municipal Court may consider multiple violations by a dog owner
involving more than one dog as repeated or subsequent violations.
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4-24 Cruelty Prohibited.
(Rep. by Ord. 1381A, 5-21-2001)
4-25 Barking or Howling Dogs.
It is unlawful for any person to own, keep, harbor or maintain any dog, male or female, which
unreasonably annoys or disturbs any persons within the City limits during any time of the day or
night by undue barking or howling
4-26 Limit on Number of Dogs per Person.
No person shall keep or maintain on any premises within the City at any time more than four (4)
dogs. Any person keeping or maintaining more than four (4) dogs on any premises within the
City shall be notified in writing by the Warden or any City police officer that the number of such
dogs in excess of four (4) must be disposed of or removed from the City within five (5) days of
service or mailing of such notice. Failure to comply with this requirement within such period is
unlawful. Each day after the expiration of such period that the owner or keeper of such dogs fails
to comply with such order is a separate offense.
4-27 Penalty.
Except as otherwise provided herein, any violation or failure to comply with any of the
reauirements of this Article_ will be subiect to penalties as a municipal infraction pursuant to