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4. Ordinance 1381 - Recodification of Municipal Codes - Animals and FowlCity of Kalispell Past Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758 May 3, 2001 TO: Mayor and City Council FROM: Glen Neier, City Attorn d)6-- RE: Re -codification of Dog Ordinance This office undertook re -codification of the Kalispell City Code several years ago. Your packet contains a re -codification of Article II, Chapter 4, Dogs. Generally, the revised Article II modernizes the dog laws of the City of Kalispell. The Definitions section contains a series of definitions which were presumed in previous Ordinances, thereby simplifying enforcement. The term "Pound Master" has been replaced by "Warden" simply because the City does not have a "pound" and uses Flathead County Animal Control Center for incarceration of offending dogs. The licensing fee has been raised to $7.00 for spayed females and neutered males. The fee for unspayed females and unneutered males remains at $15.00. The Rabies Control section has been expanded to conform to modern practices, giving City officials and the County Animal Control Center some discretion in the destruction of dogs suspected of being infected with rabies. The Rabies Control section allows for the quarantine of suspected dogs rather than outright destruction, consistent with modern practice. To a large extent the new Dog Ordinance is modeled after the Flathead County Animal Control Ordinance which has been in existence for several years. The Ordinance has been reviewed by the current Animal Control Officer and the Chief of Police, and consideration has been given to their comments. It is recommended that the City Council adopt a motion approving Ordinance No. 1381. ORDINANCE NO. 1381 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, §§ 4, 5, 6, 7, 9, 10, AND 11; AND R.O. 1947, 5§ 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, 9 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 maybe 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". Ordinance 1381 1 "License year" means one year from the date of license purchase. "Owner" means every person who owns, harbors or keeps a dog. "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 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" 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, 5 12 ($ 4-12, Kalispell City Code) is hereby amended to read as follows: Ordinance 1381 2 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: 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 --Five Dollars ($7.00) each per year. ii) Unspayed females and unneutered males --Fifteen Dollars ($15.00) each per year. Ordinance 1381 3 SECTION VII. That Ordinance No. 879, S 5 (S 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 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 (S 4-17, Kalispell City Code) is hereby amended to read as follows: ISSUANCE OF LICENSE--TAGS--EXEMPTIONS A) Upon the owner's compliance with §S 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. Ordinance 1381 4 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: 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 Ordinance 1381 5 female cannot come 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. 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 Ordinance 1381 6 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 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 dog shall be vaccinated 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. 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 Ordinance 1381 7 hours and quarantined for a period of thirty (30) days. 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 order to protect the public from the dog, the 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, Ordinance 1381 8 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 at 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. SECTION XVI. That Ordinance No. 666, § 9 (§ 4-24, Kalispell City Code) is hereby repealed. That Ordinance No. 666, City Code) is hereby follows: BARKING OR HOWLING DOGS § 8 (§ 4-25, Kalispell amended to read as 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. Ordinance 1381 9 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 dogs. Any person keeping or maintaining more than four 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. 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. SECTION XXI. Ordinance 1381 10 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 , 2001. Wm. E. Boharski Mayor Attest: Theresa White City Clerk Ordinance 1381 11