2. Ordinance 1340 - KCC - Animals and Fowl - 1st ReadingThe City of Kalispell
Incorporated 1892
Office of the City Attorney
Glen Neier, City Attorney
Richard Hickel, Asst. City Attorney
November 15, 1999
TO: Mayor and City Council
FROM: Glen Neier, City Council
P.O. Box 1997
Kalispell MT 59903-1997
Telephone: (406) 758-7708
Fax (406) 758-7771
RE: Revision of Animals and Fowl Ordinance
As part of the general revision of City Ordinances, this office has
redrafted Article II, Chapter 4 (Animals and Fowl) of the Kalispell
City Code. Article II regulates dogs within the City limits. The
revised Article II modernizes language of the regulations and
conforms the regulations to the practices currently in place within
the City. For example, because the City no longer has a pound, the
proper destination for dogs apprehended by the animal warden is the
Flathead County Animal Control Center. This office utilized the
Flathead County Animal Control ordinance to some extent in revising
the portions dealing with vicious dogs and rabies. Article I,
Chapter 4 dealing with animals other than dogs will not change
under Ordinance No. 1340.
Chris A. Kukulski
City Manager
Report compiled November 12, 1999
Wp\dogmemo.wpd
ORDINANCE NO. 1340
AN ORDINANCE AMENDING CHAPTER 4, ANIMALS AND FOWL, KALISPELL
MUNICIPAL CODE BY AMENDING ORDINANCE NO.'s 666, §§ 2, 4, 7, 8, 11,
AND 12; 879, H 4, 5, 6, 7, 9, 10, AND 11; AND R.O. 1947, §§ 106,
107; REPEALING ORDINANCE NO.'s 666, § 9 AND 879, § 9; AUTHORIZING
THE CITY ATTORNEY TO RECODIFY CHAPTER 4, KALISPELL MUNICIPAL CODE
IN ACCORDANCE WITH THIS ORDINANCE; AND DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA AS FOLLOWS:
SECTION I. That Ordinance No. 879, § 4 (§ 4-10, Kalispell
City Code) is hereby amended to read as
follows:
ARTICLE II. DOGS
Definitions
"Animal" means all vertebrates except human beings.
"Bite" means any abrasion, scratch, puncture, laceration,
bruise, tear or piercing of the skin inflicted by the teeth of
an animal.
"Collar" means 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" means Cruelty to Animals as set forth in Section 45-
8-211, Montana Code Annotated.
"Dog„ means 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" means a tag obtained from the.City Finance Office,
which must be secured to a collar on the animal. Licenses
shall not be transferrable between animals. The term "tag"
means "license".
"License year" means the calendar year from April 1 through
March 31 of each year.
"Owner" means every person who owns, harbors or keeps a dog.
Ordinance 1340 1
"Rabies Vaccination" means 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" means 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 either by
leash or voice and/or signal control; 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" means 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.
"Veterinarian" means a doctor of veterinary medicine holding
a valid license to practice his or her profession.
"Vicious Dog" means any dog which bites or attempts to bite
any human being without provocation or which harasses, chases,
bites, or attempts to bite any other animal. Any dog, while
running at large which bites or attacks any person or animal
shall be presumed to be a vicious dog.
"Warden" means the City of Kalispell Animal Warden.
SECTION II. That Ordinance No. 666, § 11 (§ 4-11,
Kalispell City Code) is hereby amended to read
as follows:
Warden
The Warden is hereby vested with the power and authority
necessary to enforce the provisions of this Ordinance.
SECTION III. That Ordinance No. 666, § 12 (§ 4-12,
Kalispell City Code) is hereby amended to read
as follows:
WARDEN AUTHORITY
The Warden is authorized and empowered to apprehend and
impound any dog found in violation of this Ordinance.
SECTION IV. That R.O. 1947, § 107 (§ 4-13, Kalispell City
. Code) is hereby amended to read as follows:
Ordinance 1340 2
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.
SECTION V. That R.O. 1947, § 106 (§ 4-14, Kalispell City
Code) is hereby amended to read as follows:
INTERFERENCE WITH WARDEN --UNLAWFUL
It shall be unlawful and punishable under the penalty
provisions of § 4-27 of this Article for any person to
knowingly and intentionally interfere with any warden in the
lawful discharge of his duties as herein prescribed.
SECTION VI. That Ordinance No. 879, § 4 (§ 4-15, Kalispell
City Code) is hereby amended to read as
follows:
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:
i) Spayed females and neutered males --Three
Dollars ($3.00) each per year.
ii) Unspayed females and unneutered males --Fifteen
Dollars ($15.00) each per year.
SECTION VII. That Ordinance No. 879, § 5 (§ 4-16, Kalispell
City Code) is hereby amended to read as
follows:
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
Ordinance 1340 3
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.
SECTION VIII. That Ordinance No. 879, § 6 (§ 4-17, Kalispell
City Code) is hereby amended to read as
follows:
ISSUANCE OF LICENSE--TAGS--EXEMPTIONS
A) Upon the owner's compliance with §§ 4-16 and 4-17, 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 fee.
C) Licensing provisions of this Article shall not apply to:
1) Any dog whose owner is a non-resident 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
ordinance.
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 the ordinance.
SECTION IX. That Ordinance No. 669, (§ 4-18, Kalispell
City Code) is hereby amended to read as
follows:
Ordinance 1340 4
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.
SECTION X. That Ordinance No. 879, § 9 (§ 4-21, Kalispell
City Code) is hereby amended to read as
follows:
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 (6) feet
in length tied to the dog and held by said person.
B) Every person having under this 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 com-= 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.
SECTION XI. That Ordinance No. 879, § 7 (§ 4-19, Kalispell
City Code) is hereby amended to read as
follows:
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 ordinance.
2) Any dog running at large contrary to the provisions
of this ordinance.
3) Any dog which is required to be licensed by this
Ordinance and is not licensed.
Ordinance 1340 5
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 vicious dog found in violation of § 4-23 of
this Ordinance.
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, pursuant to this Ordinance
shall be housed at the Flathead County Animal Control
Center, and the notice' to owners and impoundment fees and
board provisions of the Flathead County, Dog Ordinance
shall apply to dogs impounded by the Warden or City
Police.
SECTION XII. That Ordinance No. 879, § 9 (§ 4-21, Kalispell
City Code) is hereby repealed.
SECTION XIII. That Ordinance No. 666, § 4 (§ 4-22, Kalispell
City Code) is hereby amended to read as
follows:
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
Ordinance 1340 6
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 bitten dog shall be destroyed
immediately.
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 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.
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 Ordinance or to remove any dog
quarantined under this Section from the place of
quarantine without written permission of the Warden.
SECTION XIV. That Ordinance No. 666, § 7 (§ 4-23, Kalispell
City Code) is hereby amended to read as
follows:
VICIOUS DOGS
A) It shall be unlawful for any person to keep, harbor, or
maintain any vicious dog in the City of Kalispell.
B) If any vicious dog is running at large or any dog appears
to be mad or dangerous to the public, and it appears to
the Warden that it is necessary to kill such a dog in
Ordinance 1340 7
order to protect the public from the dog, she Warden is
hereby authorized to kill the dog.
C) If any dog, including but not limited to vicious dogs,
bites a person living in the City, such dog bite shall
immediately be reported to the Warden or the Kalispell
Police Department. The Warden may issue a written order
requiring the owner of such dog to surrender the dog to
the Warden, the Flathead County Animal Control Center or,
at the owner's expense, to a licensed veterinarian. If
the owner cannot be found at his place of residence, the
order may be served by leaving it with a person at the
entrance of such residence.
1) It is unlawful for any person to refuse or neglect
to surrender any dog, within twenty-four (24) hours
after the service of such order, and the Warden
shall seize and impound such dog a: either the
Flathead County Animal Control Center or a licensed
veterinarian's office, at the owner's expense.
2) In the event the owner is unknown or the dog is
running at large, the Warden shall seize and
impound the dog without notice.
3) If the vicious dog is running at large and the
Warden is unable to seize and impound the dog, the
dog may be killed by any peace officer or Warden
without notice.
4) All dogs impounded under this section shall be
quarantined for the period and under the same
conditions stated in § 4-22, above.
D) Any owner who keeps, harbors or maintains a vicious dog
in violation of this ordinance shall be guilty of a
misdemeanor, punishable by imprisonment for a term not to
exceed 6 months or by a fine of not to exceed five
hundred dollars ($500.00) or both.
SECTION XV. That Ordinance No. 666, § 9 (§ 4-24, Kalispell
City Code) is hereby repealed.
SECTION XVI. That Ordinance No. 666, § 8 (§ 4-25, Kalispell
City Code) is hereby amended to read as
follows:
Ordinance 1340 8
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 by undue barking or
howling.
SECTION XVII. That Ordinance No. 879, § 10 4-26,
Kalispell City Code) is hereby amended to read
as follows:
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 adult dogs. Any person keeping
or maintaining more than four adult 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 must be disposed of or removed from the city within
five 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.
SECTION XVIII. That Ordinance No. 879, § 11 (§ 4-27,
Kalispell City Code) is hereby amended to read
as follows:
PENALTY
Except as otherwise provided herein, any person violating any
of the provisions of this article shall, upon conviction
thereof, be punished as provided in Section 1-9.
SECTION XIX.
SEVERABILITY
If any provisions of this Ordinance is held to be invalid,
such invalidity shall not effect other provisions which can be
given effect without the invalid provision. To this end
provisions of this Ordinance are to be severable.
SECTION XX.
That the City Attorney is hereby authorized and directed to
recodify Chapter 4, Animals and Fowl, Kalispell Municipal Code
in accordance with this Ordinance.
Ordinance 1340 9
SECTION XXI.
This Ordinance shall take effect 30 days from and after its
passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS DAY OF , 1999.
Wm. E. Boharski
Mayor
Attest:
Theresa White
City Clerk
Ordinance 1340 10
4-10 4-10
CHAPTER 4
ANIMALS AND FOWL
ARTICLE It. DOGS
SECTION:
4-10:
Definitions
4-11:
Dog Poundmaster; Creation Of Office And Appointment
4-12:
Dog Poundmaster; Powers And Duties
4-13:
Police To Have Concurrent Powers Of Dog Poundmaster
4-14:
Breaking Into Pound; Hindering Poundmaster
4-15:
License; Required; Fees
4-16:
License; Prerequisites To Issuance
4-17:
License; Issuance; Contents; Tags
4-18:
License; Records To Be Kept By City Treasurer
4-19:
Impounding, Redemption Or Other Disposal Of Licensed Dogs
4-20:
Impounding, Redemption Or Other Disposal Of Unlicensed
Dogs
{ 4-21:
Running At Large
4-22:
Rabies Generally
4-23:
Vicious Dogs
4-24:
Cruelty Prohibited
4-25:
Barking Or Howling Dogs
4-26:
Limit On Number Of Dogs Per Person
4-27:
Violations
4-10: DEFINITIONS: For the purposes of this Article, the following
words and phrases shall have the meanings respectively
ascribed to them by this Section:
DOG: Shall mean both male and female; an adult dog
is any dog six (6) months or more old.
OWNER: Any person owning, keeping or harboring a dog.
(Ord. 666 § 1; amd. Ord. 879 § 3)
City of Kalispell
4-11
4-15
4-11: DOG POUNDMASTER; CREATION OF OFFICE AND
APPOINTMENT: There is hereby created the office of Dog
Poundmaster. Such office shall be filled by appointment by the Mayor. (Ord.
666 § 11)
4-12: DOG POUNDMASTER; POWERS AND DUTIES: The Dog
Poundmaster shall have and exercise the powers of a peace
officer in the enforcement of all laws and ordinances relating to dogs. Such
Poundmaster shall, at the expense of the City, provide a suitable place for
the impounding of dogs; the location of the dog pound shall be published in
the newspaper in which the ordinances of the City are published, or posted
in the United States post office in the City, and the Poundmaster shall have
the general supervision of the City dog pound and shall see that the same
is conducted in a quiet, reliable and proper manner. (R.O. 1947 § 104; amd.
Ord. 666)
4-13: POLICE TO HAVE CONCURRENT POWERS OF DOG
POUNDMASTER: The members of the police force of the City
shall have the same authority in regard to the enforcement of the provisions
of this Article as are conferred on the Dog Poundmaster. (R.O. 1947 § 107)
4-14: BREAKING INTO POUND; HINDERING POUNDMASTER:
No person shall break, open or injure the City dog pound, or
in any manner aid or advise the breaking, opening, or injuring of the City
dog pound, nor shall any person hinder, delay or obstruct any officer while
engaged in taking to the City dog pound any dog liable to be impounded
under the provisions of this Article. (R.O. 1947 § 106)
4-15: LICENSE; REQUIRED; FEES:
A. Fee: Every person who owns, keeps or harbors an adult dog in the
City must annually obtain a license therefor from the City Treasurer.
The fees for such license shall be as follows:
1. Spayed females and neutered males, three dollars ($3.00) each
per year;
2. Unspayed females and unneutered males, fifteen dollars ($15.00)
each per year.
City of Kalispell
4-15
4-17
B. Expiration: All licenses issued hereunder shall expire on March 31
next following the issuing date thereof. (Ord. 666 § 2; amd. Ord. 669;
Ord. 879 § 4)
4-16: LICENSE; PREREQUISITES TO ISSUANCE: No license
required by Section 4-15 of this Article shall be issued to any
dog until the City Treasurer has been furnished with a certificate of a
licensed veterinarian stating that such dog is protected by vaccination
against rabies for a period of at least one year from and after the date of
application for such license, and providing further, that no license shall be
issued for a spayed female dog or a neutered male dog until the City
Treasurer has been furnished with a certificate from a licensed veterinarian
that such dog has been spayed or neutered, as the case may be, 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.
(Ord. 666 § 2; amd. Ord. 669; Ord. 879 § 5)
4-17: LICENSE; ISSUANCE; CONTENTS; TAGS:
A. Specified: Upon the delivery to the City Treasurer of a veterinarian's
certificate, as herein required, and the payment of the license fee, it
shall be the duty of the City Treasurer to issue a license to such
person bearing the same number as the number to be worn on the
collar of the dog, as hereinafter provided. The license shall give the
date of issue, the date of expiration, the amount paid, the name and
address of the person to whom issued, and the name and sex of the
dog. The City Treasurer shall furnish with each license a metal tag,
which shall be stamped with the number to correspond with the
number of the license, and the year for which issued. In case an
adult dog is brought within the corporate limits, within the license
year, the owner or person having such dog in charge shall obtain a
license for the dog as herein provided, and the City Treasurer shall
thereupon issue a license as in other cases; provided, however, that
` the provisions of this Section shall not apply to any person visiting in
the City for a period not exceeding thirty (30) days and owning or
possessing a dog currently licensed and bearing a license issued by
another licensing authority.
B. Placement Of Tag; Duplicate Tag: The metal tag as described above
shall be attached to the collar of the dog, which the owner or person
in charge of the dog shall provide and which shall be placed and
kept upon the neck of the dog so licensed. if the metal tag is lost, a
duplicate tag shall be obtained by making application to the City
City of Kalispell
4-17 4-20
Treasurer, who shall issue such duplicate tag upon payment by the
applicant of a fifty cent ($0.50) fee. (Ord. 666 § 2; amd. Ord. 669;
Ord. 879 § 6)
4-18: LICENSE; RECORDS TO BE KEPT BY CITY TREASURER:
The City Treasurer shall keep a suitable record of the
licenses issued under the provisions of this Article and shall record all of
the facts required to be stated in the license. (Ord. 666 § 2; amd. Ord. 669)
4-19: IMPOUNDING, REDEMPTION OR OTHER DISPOSAL OF
LICENSED DOGS: It shall be the duty of all police officers
and the Poundmaster to seize and impound any dog found to be running at
large in violation of this Article. The owner of every licensed dog so seized
shall be notified, by the Police Department, in writing, of the seizure, within
forty eight (48) hours thereafter. Notice shall be deemed sufficient when it
identifies the dog by license number, states the date and place of seizure,
and is placed in a sealed envelope addressed to the owner of the dog at his
residence as appears in the application for the current license and is
deposited in the United States mail with sufficient postage prepaid. Every
licensed dog so seized shall be retained in the pound for at least five (5)
days after notice is mailed to the owner of the dog unless, at any time while
such dog is impounded, the owner or keeper of the dog does redeem such
dog by paying to the Poundmaster the sum of eight dollars ($8.00)
impoundment fee, plus for each day or portion thereof that such dog as
been impounded, a boarding fee of two dollars ($2.00) per day. All fees
collected by the Poundmaster shall be receipted for and deposited as
required by the City Council. The City may, through appropriate interlocal
agreement, provide that the City pound be located at a facility owned and
operated by the County; in such case the properly designated person in
charge of such County facility shall be authorized to receive the
impoundment and board fees as provided for herein and dispose of the
same as may be provided for in such interlocal agreement. At the expiration
of five (5) days after such notice shall have been mailed to the owner of the
dog as herein set forth, the Poundmaster is authorized to dispose of such
licensed dog as provided in Section 4-20 of this Article for unlicensed dogs.
(Ord. 6; amd. Ord. 705 § 1; Ord. 849 § 1; Ord. 879 § 7)
4-20: Il1-IPOUNDING, REDEMPTION OR OTHER DISPOSAL OF
UNLICENSED DOGS: All adult dogs not licensed and collared
as provided in this Article are declared to be a public nuisance, and it is the
duty of all police officers or the Poundmaster to take up and impound any
City of Kalispell
4-20 4-21
adult dog not licensed and collared as required in this Article. Every adult
dog so seized shall be retained in the pound for seventy two (72) hours. At
any time during such period, the owner or keeper of the dog may redeem
the same by procuring a license as provided in this Article and by paying in
addition a fee to the Poundmaster, the sum of fifteen dollars ($15.00)
impoundment fee, plus for each day or portion thereof that such dog has
been impounded, a boarding fee of two dollars ($2.00) per day. Any dog
less than six (6) months of age found running at large may be seized and
impounded and handled in the same manner as an unlicensed adult dog;
any dog less than six (6) months of age confined to the premises of the
owner or on a leash as provided for herein shall not be subject to seizure
and impoundment. All fees collected by the Poundmaster shall be receipted
for and deposited as required by the City Council. The City may, through
appropriate interlocal agreement, provide that the City pound be located at
a facility owned and operated by the County; in such case the properly
designated person in charge of such County facility shall be authorized to
receive the impoundment and board fees as provided for herein and
dispose of the same as may be provided for in such interlocal agreement.
At the expiration of seventy two (72) hours after impounding any dog, the
Poundmaster is authorized to sell any such dog to any person not the
owner or keeper thereof for the best price obtainable but not for less than
the impoundment and boarding fees that may be due against such dog; all
sums received by the Poundmaster for the impoundment, boarding and sale
of such unlicensed dogs shall be properly receipted for and the cash
received therefrom deposited as required by the City Council. In case any
unlicensed dogs shall not be redeemed or sold as herein provided, the
Poundmaster shall dispose of such dogs in a humane and lawful manner.
(Ord. 666 § 3; amd. Ord. 735 § 1; Ord. 879 § 8)
4-21: RUNNING AT LARGE: It shall be unlawful for any owner of a
dog to allow such dog to be on any public street,- alley,
sidewalk or any public place within the City, or on the private property of
another, without the permission of the owner thereof; provided, however,
that this shall not prevent the owner or other person from having a dog on
the streets, alleys, sidewalks or other public way or public place within the
City if such dog is then and there controlled by such person by a chain or
leash no more than six feet (6') in length tied to such dog and held by such
person; provided, further, however, that the Mayor may, upon application of
any person, authorize within the City, dog shows, exhibitions and dog
training courses, allowing the dogs participating therein to be controlled
only by competent attendants. Any dog on the premises of the owner shall
be considered as running at large if such dog is not confined by a suitable
and secure enclosure, fence or pen or is on a leash and firmly tied to
prevent the dog from leaving the owner's premises. All dogs are prohibited
City of Kalispell
4-21 4-24
from any City park unless on a chain or leash as provided for herein. Any
dog found in a City park under any other circumstances will be considered
as running at large and subject to impoundment. (Ord. 666 § 5; amd. Ord.
679 § 9)
4-22: RABIES GENERALLY: Any police officer or Poundmaster
shall have authority to order the owner of any dog showing
symptoms of rabies, or of any dog which has bitten any person so as to
cause an abrasion of the skin, to subject such dog to the pound for
quarantine for a period not to exceed fifteen (15) days and, if such dog
shall be determined free of rabies, the same shall be returned to the owner
upon payment of one-half ('/2) of the regular fee for keeping dogs
impounded, plus one dollar ($1.00) for each day or part of a day that the
dog has been impounded. If such fee is not paid, the dog will be subject to
disposal; provided, however, that in lieu of submitting such dog to the
pound, the owner may, at his expense, admit such dog to a veterinarian for
examination. Any dog found to be afflicted with rabies shall be disposed of
immediately, either by the owner or by the Poundmaster. (Ord. 666 § 4)
4-23: VICIOUS DOGS:
A. Court Judgment: On proper complaint filed in Police Court by or on
behalf of any person bitten by any dog within the City limits, brought
against the person who owns, keeps or harbors such dog at the time
of the filing of the complaint, and upon due proof, in the judgment of
the court, that such dog bit such person without provocation and not
in defense of person or property, the judgment of the court shall be
that such dog be destroyed, and the police or Poundmaster shall
forthwith kill and destroy such dog.
B. Running At Large; Destruction: The police or Poundmaster are
hereby authorized to kill, on the spot and while in the act, any dog
running at large which then and there appears to be mad or
dangerous to the public, where it appears that it is necessary to kill
such dog on the spot and at such time in order to protect the public
from imminent danger from such dog. (Ord. 666 § 7)
4-24: CRUELTY PROHIBITED: It shall be unlawful for any person
to maltreat or torture any dog, or for any person having the
right or authority to kill any dog, to kill such dog in an inhumane manner.
(Ord. 666 § 9)
City of Kalispell
4-25
4-27
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 by undue barking or howling. (Ord. 666 § 8)
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) adult dogs. Any person keeping or maintaining more
than four (4) adult dogs on any premises within the City shall be notified in
writing by the Poundmaster or any police officer of the City 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. (Ord. 879 § 10)
4-27: VIOLATIONS: Any person violating any of the provisions of
this Article, shall, for conviction of the first offense, be fined
no less than ten dollars ($10.00), and for conviction of the second offense
relating to the same dog within one calendar year be assessed a fine of no
less than hventy dollars ($20.00) and, in relation to the same dog, for the
conviction of three (3) of more offenses within one calendar year be
assessed a fine of no less than forty dollars ($40.00) for each offense. In
any event, a person so convicted may be fined or imprisoned for no more
than the maximum provided by Section 1-9 of this Code. Any impoundment
or boarding fee charged against any dog shall not be considered as part of
any fine imposed upon conviction of any section of this Article. (Ord. 879
§ 11)
City of Kalispell