3. Ordinance 1688 - Amending Animal Regulations - Dangerous or Aggressive Dogs - 2nd ReadingTel 406.758.7709
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charball@kalispell.com
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TO: Mayor Tammi Fisher
and Kalispell City Council
FROM: Charles Harball, City Attorney
Jane Howington, City Manager
SUBJECT. Ordinance No. 1688 — an Ordinance Amending the City of Kalispell
Code That Regulates Dangerous or Aggressive Dogs in the City —
Second Reading
MEETING DATE: December 6, 2010 — Regular Council Meeting
BACKGROUND: Ordinance No. 1688 amends the existing city code at Article 2 of Chapter 4
that tr-.----,.ats the regulation of vicious dogs within the city. The amendments provide a procedure
for the Municipal Court to take evidence and make a finding of whether or not a dog is dangerous
or aggressive. The legislation then provides that the Municipal Judge may craft an order
designed to protect the public from a dog having been found to be dangerous or aggressive.
Ordinance No. 1688 passed on motion of Council on first reading on November 15, 2010.
RECOAEVJOENDATION: That City Council give consideration to and pass Ordinance No. 1688
on second reading. The ordinance shall then become effective on January 6, 2011.
FISC IAEPACTS: There are no anticipated fiscal impacts to the City from these proposed
amendments.
Respectfully submitted,
Charles Harball,6ity Attorney
4Jane Howington, City Manag��
AMENDINGAll ORDINANCE AMENDING THE CITY OF KALISPELL MUNICIPAL CODE
REGARDING THE REGULATION OF DANGEROUS OR AGGRESSIVE DOGS WITHIN
THE CITY CODIFIED AT CHAPTER 4. PORTIONS
ORDINANCES IN CONFLICT HEREWITH, DECLARING AN EFFECTIVE DATE, AND
AUTHORIZING THE CITY ATTORNEY TO CODIFY THE
i ....-.._........
WHEREAS, based upon many gears 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.
SECTI0N 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.
Tarnmi Fisher
Mayor
ATTEST:
Theresa White
City Clerk
in, hi t "A"
Chapter 4 ANIMALS AND FOWL
Article 2 DOGS
-10 Definitions.
AGGRESSIVE DOG: A do that threatens char es or interferes with,.,persons or other domestic
animals on public,..,.or private propert withoutprovocation.
ANIMAL: All vertebrates except human beings.
BITE: Any abrasion, scratch, puncture, laceration, bruise, tear or piercing of the slain inflicted by
the teeth of an animal.
COLLAR.: A band, chain harness, or other suitable device warn 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 4.5-8 -211, Montana Code Annotated.
DANGEROUS DOGS: Any,,.,.dog declared dangerous by,, the Kalispell Municipal,, Court pursuant
to subsection 4-2 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 a ressive dog shall be
securel confined indoors that is the owner dwellina., residence or ara e or in a securely
enclosed and locked pen or structure suitable to prevent yopur children from enterin or
reachin into and desi ned to revent the do from. esca in . Such pen or structure shall have
secure sides and bottom from which the doiz cannot escape as bv digging,clirnbin lea in etc.
No,,,,porch, patio or an art of a dwellin 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 doa from exitin the structure shall be considered to be a ro er
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. Fags 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.
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WARDEN: The City of Kalispell Animal warden.
It shall be unlawful and punishable under the misdemeanor penalty provisions of .Article 1-9
�� e.4 i��for any person to knowingly and intentionally interfere with any
Warden in the lawful discharge of his or her duties as herein prescribed.
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;
S. Any abandoned dog;
6. .Any dog held for quarantine;
i. .Any stray dog;
8. Any dangerous or a ressive 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 inn oundrnent
shall be sent to the owner if known within 24 hours of the irr oundrnent. The owner of
the do 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.
It shall be unlawful to keep, harbor, own or in any,way possess within the cit limits a dangerous
or apgressive dog,unless re istration all restraints and conditions as hereinafter set forth in
re ands to dangerous or aggressive dogs are fully corn lied with b the owner as hereinafter
provided.
4_23-(B): Judicial proces................... ... 0s:
1. Petition For Hearin:
a. If the warden or other Kalispell Police Officer has investi ated and determined that
there exists probable cause to believe that a doa is dan erous the warden or Kalispell
Police Officer may etition the K.alis ell Municipal Court to set a hearing for the
u ose of deterrninin whether or not the dog in cmestion should be declared
dangerous or aggressive.
b. whenever ossible any complaint received from a member of thepublic which serves
as the elvidenti,gy., 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.,, Munici al Court upon the finding of probable cause shall notif the
owner of the do b 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
rasa present evidence to the court as to whv the dog.should not be declared dangerous
or agressive.
d. If in the interim the dog is not restrained in a proper enclosure,,.,.b,y,, the owner the
Warden or Kalispell Police Officer ma irn ound 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 do i�dangerous,
the owner shall comply with all provisions of the order within thirty QQ) days from the
date the notice is mailed.
4-2340: Dangerous Dog Procedures.
1. Determination:
a. The Kalispell Munici al Court shall declare a dog dangerous if it finds beyond a
reasonable doubt that the do when unprovoked in an a essive manner:
i. Caused bodilv injury to,,,,a erson • ar
ii. Bites or kills a domestic animal without provocation while off the dog owners
propel
b. A do -mu not be declared dan erous if the person who was inured:
i. was committing., at the time, a willful trespass or other tort upon the premises
occu ied b the owner;
ii. was provoking,,tormenting, abusin or assaulting the do or can be shown to have
in the past provoked, tormented abused or assaulted the do • or
iii. was committing or,.,.,attempting to commit a crime.
c. The provisions of this subsection do not a l to dogs that are used b law
enforcement officials for olice or similar work.
d. The Kalispell Munici al Court may make the determination based u on the evidence
that the dog,although not dangerous,is a ressive and impose conditions M,uiring the
immediate erection and maintenance of a proper enclosure as defined above and to
properly restrain the dog as set forth. in 4-�23- 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 comoly with the
following conditions:
i. To dis la in a conspicuous manner, a clearly visible warnin sin includin a
waming s ol for children that there is a dangerous dog on the oremises. The
si n shall be a standardized sign.
ii. To immediately erect or maintain a pLoper enclosure for the dan erous do .
iii. To confine the dan erous dog in the pLoper enclosure exce t that if the do is
outside the ro er enclosure the do must be muzzled and restrained by a
substantial leash or chain of not more than six feet 6in len th and must be under
the physical restraint of a responsible, person who is at least eighteen 1 ears of
age. The .muzzle must be made in a manner that will prevent the dog from bitin
any erson or animal but that will not cause,.,,i.nj*ury to the dog or interfere with its
vision or re s iration.
iv. To notif the chief law enforcement officer if the dangerous dog is at lar e.
v. To notify the chief law enforcement officer within twenty four (24) hours of the
death, sale or donation of a dangerous doh,
vi. The owner has a surety,bond issued b a surety company authorized to do business
in this state in a form acceptable to the city, in the sure of at least Fifty Thousand
Dollars 50 000.00), vqyable to any,person injured by the dangerous do 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 50Ooo.00 insuring
the owner for any in juries inflicted by the dan erous do .
vii. The city will charge the owner an annual fee of $250.00, in addition to any rear
dog licensing fees, to obtain a certificate of registration for a dangerous dog,
viii. The owner shall at his own expense, have the re istration number assigned to the
dangerous dog by the cit tattooed on the da `s right inner thi h.
ix. That the owner of the dog be at least eighteen f 18) years of aye.
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1. Seizure: The warden or a Kalispell, ell Police officer shall seize a dangerous dog if:
a. The owner knows that the do has been declared dangerous and the owner has not paid
the annual fee or secured the proper liability insurance or surety coverage as re uired
under subsection 4-234C)f2)(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 a iii of this
article.
2. Reclaiming,Dog: After notification bv the warden or Kalispell Police Officer, a
dangerous dovr seized ursuant to subsection 1 of this section may be reclaimed bv 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 rna be humanely destroyed and the owner is liable to the city for costs
incurred in confining and destroying the dog.
3. Destruction Of Do : If an owner of a dog is convicted of a violation for which the do
was on inall seized a court mav order that the do be confiscated and hurnanel
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.doiz,,has been found guilty of violatin a provision of this article and
the owner is char ed with a subse uent violation relatin to the same dog,the do
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 do be destro ed and
that the owner pay the cost of confiscating, confining and destroying the do .
b. If the owner is not convicted of the subsequent violation, the owner may reclaim the
doh upon payment of impounding and boarding fees. If the dogsis not reclaimed by the
owner within seven (7) days after the owner has been notified that the dog_may i be
reclaimed, the doh 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 Durin Aeal: The do sz may,not be destroyed during the p ndency of an
appeal.
If any dog is running at larize and resents a danger to the public, and it,,qppears to the warden or
Kalil ell Police Officer that it is necessary to destroy such a dog in order to protect the ublic
from the do re ardless of whether or not the do has been declared dangerous, the warden or
Kalispell Police Officer is hereby,authorized to destroy the do .
•:. .
Any dog,owner who keeps, .harbors or maintains a dangerous or aggressive do in violation of
any provisions of this Section 4-23 et seg., regardin dan erous or.,aggressive do s or errnits
an such. violation or fails to comply w1th,,_any of the requirements thereof, will be subject to
enalties of a criminal im* sdemeanor under KMC .article 1-9. For purposes of sentiencimer, the
Kalispell Municipal Court may consider multi le violations by, a dog owner involving more than
one dokn
er as repeared or subse cent ,violations.
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TO: City of Kalispell Council, Kalispell City Manager 18 Dec 2010
FROM: Margaret S Davis, homeowner 160 Charlotte Ave, Kalispell MT 59922
Mailing address: POB 788, Lakeside 59922, 844-6036
RE: Northwest Healthcare PUD, Ordinance #1689, 20 Dec 2014
I appreciate Northwest Healthcare and the Kalispell planning department for their
efforts to address the larger transportation issues raised by this PUD proposal.
The proposed PUD has a span often years during which construction will be on-
going in arelatively confined area. The three additional conditions in the Dec 14,
2010 staff memo provide for NWHC maintaining north -south traffic flow between
Sunnyview Lane and Conway Drive (#11), a traffic impact study for anorth-south
connector (#12), and a new path or sidewalk on the east side of hospital by
approximately the end of 2014 (#12).
I suggest that Condition #6 be amended to include Bountiful Drive, a public street.
Bountiful Drive serves two hospital owned parking lots and the Salvation Army. It is
a potential link between Sunnyview Lane on the east side of the hospital to
Claremont St. and even west to Hwy 93 byway of the existing Grace Church (owned
by NWHC) access.
Condition #2 is overly restrictive. Northwest Healthcare should be allowed to build
parking structures of more than two floors in the PUD, as long as they do not exceed
the H-1 zone height limit. Convenient parking in proximity to the hospital and
adjacent services is increasingly desirable as medical facilities grow and land
available for surface parking lots shrinks.
The amended city planning staff report takes a more proactive approach to growth
in the H-1 zone and the need for public infrastructure to support that growth.
Connectivity options, pedestrian/bike access, and traffic planning should be high
priorities for the city, Immanuel Lutheran Communities, and Northwest Healthcare.
An updated city street and sidewalk plan for the H-1 zone is very important. This
area is heavily used by full-time residents, thousands of employees, medical staff
members, and patients and visitors from northwest Montana and southern Canada.
The street system also serves public safety requirements, emergency response
vehicles, deliveries, garbage collection, snow removal, and general traffic circulation.
Delayed planning for better streets and sidewalks would complicate future
development in Health Care Zone and make it much more costly.
Cc: Ted Hirsch, NWHC; Sean Conrad, Planning Dept., Daily Inter Lake, Flathead
Beacon
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