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E/06. Ordinance 1392 - Amending Animals & Fowl Ordinance - 1st ReadingREPORT TO: FROM: SUBJECT: City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 -Telephone (406)758-7700 Fax(406)758-7758 Mayor and City Council Glen Neier, City Attorney Chris Kukulski, City Manager Animals and Fowl Ordinance MEETING DATE: August 6, 2001 Ordinance 879 currently prohibits farm animals from living within the City limits, but does not make any distinction between farm animals and family pets. Leona Henry, the owner of Oreo, a pygmy goat, asked Council to amend the ordinance to allow pygmy goats within the City limits after she was given 30 days to get rid of her goat. Pot bellied pigs are included in the revised ordinance as well. RECOMMENDATION: The City Council approve Ordinance 1392 on first reading. FISCAL EFFECTS: None. ALTERNATIVES: As suggested by Council. Chris A. Kukulski City Manager Report compiled August 1, 2001 ORDINANCE NO. 1392 AN ORDINANCE AMENDING CHAPTER 4, ANIMALS AND FOWL, KALISPELL MUNICIPAL CODE BY AMENDING ORDINANCE NO. 879, S 1, PERMITTING THE KEEPING OF PYGMY GOATS AND POT BELLIED PIGS AS HOUSEHOLD PETS, 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, § 1 (Kalispell City Code § 4.1) is hereby amended to read as follows: KEEPING OF CATTLE, ETC., IN CITY PROHIBITED. No person shall keep within the City limits any cattle, horses, mules, sheep, goats, buffalo, swine, wild 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 pot bellied pigs as household pets, provided that no person shall keep more than two pygmy goats or two pot bellied pigs. Any person so offending shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 1-9 of this Code, and shall be responsible for damages done by such animals. SECTION II. This Ordinance shall become effective from and after thirty (30) days of 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 , 2001. Wm. E. Boharski Mayor Attest: Theresa White City Clerk pigmy.wpd