Loading...
Ordinance 1688 - Amends Kalispell Municipal Code - Animal RegulationsAN ORDINANCE AMENDING THE CITY OF KALISPELL MUNICIPAL CODE REGARDING THE REGULATION OF DANGEROUS OR AGGRESSIVE DOGS 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, 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 dangerous or aggressive dogs 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 6TH DAY OF DECEMBER, 2010. Tammi Fisher Mayor ATTEST: Theresa White City Clerk Exhibit "A» Chapter 4 ANIMALS AND FOWL 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-(B) of this article. DOG: Any canine animal, of either sex (whether or not spayed or neutered). 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. 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 designed to prevent the dog from escaping. Such pen 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 preventing the dog 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. WARDEN: The City of Kalispell Animal Warden. 4-14 Interference With Warden; Unlawful. It shall be unlawful and punishable under the misdemeanor penalty provisions of Article 1-9 for any person to knowingly and intentionally interfere with any Warden in the lawful discharge of his or her duties as herein prescribed. 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 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 a Kalispell Police Officer, pursuant to this article shall be housed at the Flathead County Animal Control Center. 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. 4-23-(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): 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 dog is dangerous, the Warden or Kalispell Police Officer may petition the Kalispell Municipal Court to set a hearing for the purpose of determining whether or not the dog in question should be declared dangerous or aggressive. 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 hearing will be held within 14 days, at which time the owner may present evidence to the court as to why the dog should not be declared dangerous or aggressive. 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 court makes its determination. e. The Court, after considering the evidence may issue its determination and order based upon such evidence. 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 dog is dangerous, the owner shall comply with all provisions of the order within thirty (30) days from the date the notice is mailed. 4-23-(C): Dangerous Dog 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; or ii. Bites or kills a domestic animal without provocation while off the dog owner's property. 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 assaulting the dog 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, although not dangerous, 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 4-23-(C)(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 mariner, a clearly visible warning sign, including a warning symbol for children, that there is a dangerous dog on the premises. The sign shall be a standardized sign. ii. To immediately erect or maintain a proper enclosure for the dangerous dog. iii. To confine the dangerous dog in the proper 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 dog's right inner thigh. ix. That the owner of the dog beat least eighteen (18) years of age. 4-23-(ID): Confiscation. 1. Seizure: The Warden or a Kalispell Police Officer shall seize a dangerous dog if: 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-(C)(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-(C)(2)(a)(iii) of this article. 2. Reclaiming Dog: After notification by the Warden or Kalispell Police Officer, a dangerous dog seized pursuant to subsection 1 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 destroying the dog. Destruction Of Dog: If an owner of a dog is convicted of a violation for which the dog 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 the dog. 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 destroying the dog. 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-(E): Destruction of Dangerous Dog at Large. If any dog is running at large 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-(F): Violations; Penalty. Any dog owner who keeps, harbors or maintains a dangerous or aggressive dog in violation of any provisions of this Section 4-23 et seq. regarding dangerous or aggressive 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.