Loading...
5. Ordinance 1697 - Amending Animal Regulations - 2nd Reading-13 Tel 406.758.7709 Fax 406.758.7771 charball@kalispell.com Mayor Tammi Fisher and Kalispell City Council Charles Harball, City Attorney Jane Howington, City Manager Ordinance No.1697 — an Ordinance Amending the City of Kalispell Code That Regulates Animals — Second Reading April 18, 2010 — Regular Council Meeting BACKGROUND: Ordinance No. 1697 amends the existing city code at Article I of Chapter 4 that provides the general regulation of domestic animals in the city. The amendment places the responsibility on dog and cat owners to pick up after their pets on public and private property. Most of animal violations are proposed to be treated as civil infractions. The amendment that placed limitations on fowl was removed on first reading and comes before Council as a separate ordinance on first reading this same meeting as Ordinance No. 1698. RECOAUVIENDATION: That City Council give consideration to and pass Ordinance No. 1697 on second reading. FISCAL IMPACTS: There are no anticipated fiscal impacts to the City from these proposed amendments. Respectfully submitted, . . ........... ......... ... ............. .... . Charles Harball, City Attorney ane Howington, City Manager AN ORDINANCE AMENDING THE CITY OF KALISPELL MUNICIPAL CODE REGARDING THE REGULATION OF ANIMALS WITHIN THE CITY CODIFIED AT CHAPTER 41, AMENDING ALL PARTS OR PORTIONS OF ORDINANCES IN CONFLICT HEREWITH, DECLARING AN EFFECTIVE DATE, AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE S-IkUE. WHEREAS, the Kalispell Municipal Ordinances regarding the regulation of animals within the City are largely intact from the initial legislation enacted in 1.9471; and WHEREAS, based upon many years of experience in enforcing the regulation of animals, 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 11. The City Attorney is hereby authorized and directed to recodify this Ordinance. SECTION 111. 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 _1201.1. ATTEST: Theresa White City Clerk Tamrni Fisher Mayor 4 -1 Keeping of ����, ., Livestock in City Prohibited.. No person shall beep within the City limits any cattle, mules, sheep, goats, buffalo, swine, gild 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. 4 ,Q,,.d_F1V.efse ifn et to ptPL6baftfig ffeiNeW-tu gki ■ ■ VL*AW-AM IV -Min -: AMA A .Al. � A. i. ... •.. �: ! A. a . �.. .!. ,i! aR .l.. !!. R. A /A r._ w ;Mai. r. Animals4-2 g t::: Large. The herding, driving or running at large of horses, mules, sheep, goats, buffalo, chickens, colts, swine or cattle, or such other animals, upon the streets, avenues, alleys, parrs or public places or grounds within the City, or the herding of such animals on any unencosed private grounds within the City is hereby prohibited. . 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: ...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 Sidewalkj 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 wally upon or over the sidewalks of the City. , i a►. A. iIIIIIIIIIIIIIIMCM MALE isiVaVaM40 4-6 5 Dogfighting, Coc right ng. 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,,guilty of a misdemeanor and u on conviction thereof shall be punished as_provided in Section 1-9 of this Code. 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. r r ll� A�. a r Ar � a i � • .A A A:A. � � r r. AM.. A ^. �. � �.. .� � !� 3w. A r A.. ,r.. .�. A III► � �. r. A. It shall be unlawful for the owner or person hayi,ng__custody of anv dog or cat to fail to immediately move and dis ose of in a sanitar manner anv solid waste deposited by such dog or cat on ublic ro ert or deposited on -private 'Prover-tv without the consent of the erson in control of the ro ert . B. Pro ert owners must maintain the enclosure in which the livestock or domestic animals and pets are kept in a manner that does not cause adverse inz act to neighboring--propertyowners. Potential negative irn acts on adjacent ro ernes include offensive odors and the unusual presence of insects. Failure to maintain the property in accordance with these requirements shall be considered a violation of this section. Unless otherwise specifically desi Hated 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.