1. Ordinance 1688 - Amending Animal Regulations - Dangerous or Aggressive Dogs - 1st ReadingCharles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
A111
10 101 on"
Mayor Tammi Fisher
and Kalispell City Council
Charles Harball, City Attorney
Jane Howington, City Manager
Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
Ordinance No. 1688 — an Ordinance Amending the City of Kalispell
Code That Regulates Dangerous or Aggressive Dogs in the City
November 15, 2010 — Regular Council Meeting
BACKGROUND: Council has discussed the issue of dangerous and aggressive dogs in a
couple of workshops over the last three months and asked that the matter be brought forward in
an ordinance separate from other animal control issues. Ordinance No. 1688 amends the existing
city code at Article 2 of Chapter 4 that treats the regulation of vicious dogs within the city. The
proposed 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. Requirements may be placed on the owner such as the
construction of a proper enclosure, the posting of warning signs, the proper muzzling and
restraint of the dog when off of the owner's property, the acquisition of appropriate liability
insurance, the payment of an annual $250.00 registration fee, the permanent marking of the dog,
and notification of the Kalispell Police Department. No one under the age of 18 would be allowed
to own or maintain a dog designated to be dangerous.
RECOADIENDATION: That City Council give consideration to and pass Ordinance No. 1688
on first reading.
FISCAL EUPACTS: There are no anticipated fiscal impacts to the City from these proposed
amendments.
Respectfully submitted,
Charles Harball, City Attorney Jane Howington, City Mana'grer
• 1, `' . 1. i
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, BE IT ORDAINED BY THE CITY COUNCILOF
KALISPELL AS FOLLOWS:
SECTION 1. 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.
• • • .,, • • t • ! l •
CITY OF OF 1 i
Tammi Fisher
Mayor
Theresa White
City Clerk
r'll am", "I
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 4-234B) of this article.
DOG: Any canine animal, of either sex (whether or not spayed or neutered). er- any diftge-, wolf-,
eeyete, of efess that is kept-��.
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
vacl--,ine, 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.
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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
ce^*,°^„ - -, of -this .,,. iele- 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;
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 a Kalispell Police Officer, pursuant to this article
shall be housed at the Flathead County Animal Control Center. , and the fi *;,.o *�
apply to b . 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.
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.
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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 is s dangerous the Warden or Kalispell
Police Officer may petition the Kalispell Municipal Court to set a hearingfor or 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 bv 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.
A i; , . ; Vl � . +a at
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 Upl to 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
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 manner, 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 do in n 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) eat 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 anv 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.
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_
3. 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
destroyingthe he 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 doh
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.
If any dog is runningat t 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 destroythe
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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,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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