1. Ordinance 1683 - Amending Animal RegulationsA
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Charles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
i
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.1683 — an Ordinance Amending the City of Kalispell
Code That Regulates Animals in the City
September 27, 2010 — Council Workshop
BACKGROUND: Council gave consideration to a proposed draft amendment to the existing
animal ordinances at the September 20, 2010 regular Council meeting. After much discussion
the matter was tabled until the first regular meeting in October. A workshop was therefore
scheduled for further discussion so that the Council may be properly prepared to move the matter
forward with any additional changes and amendments.
The primary issues for further discussion revolve around the following:
1) Edits to the "pooper scooper" portion of the draft;
2) Whether or not a panel should be used in determining the designation of a dangerous dog;
3) The manner in which the City should deal with or allow poultry to exist within the city
limits.
Other issues were discussed at the meeting and will be subject to further conversation at the will
of the Council. The goal of the workshop is to provide clear direction to staff as to what the
Council wishes to see as a draft when it comes before the Council for decision.
This matter is scheduled on the workshop agenda following another issue which may take
considerable time. If the Council is unable to spend the amount of time on this issue as it would
like, it may choose to take the matter off of the table at the next regular meeting and choose to
table it again to allow for further workshop discussion.
Respectfully submitted,
Char es Harball, City Attorney
Charles A. Harball Ofce of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO: Mayor Tammi Fisher
and Kalispell City Council
FROM: Charles Harball, City Attorney
Jane Howington, City Manager
Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Ordinance No.1683 — an Ordinance Amending the City of
Kalispell Code That Regulates Animals in the City
A1EETING ATE: September 20, 2010 — Regular Council Meeting — First Reading
BACKGROUND: The Kalispell Municipal Codes that regulate animals in the City are
largely intact from the initial legislation enacted in 1947 and last received minor
amendment in 2007. The City staff was asked to review the code, particularly as it
applies to dangerous dogs, and make a recommendation of amendment to the Council.
Ordinance No. 1683 reflects this review by the City Attorney's Office, the Police
Department and the Municipal Court.
Most of the proposed amendments are minor and reflect the general advice to
make most violations of the code civil infractions that have no possibility of jail, and
therefore no jury trials, but also allow the Court more latitude in fashioning appropriate
fines and conditions. Staff is also recommending adding a "pooper scooper" amendment
to the code to address the concerns of many citizens who have called in over the years
requesting this.
The major amendment to the code addresses dangerous dogs and the procedure by
which this designation is applied to an animal as well as the conditions that may be
placed on the owner of such an animal, including insurance, licensing, fencing, and
restraining. The creation of a panel is called out to review individual cases to provide
some expertise in such a determination. Staff is not in full agreement about the creation
of the panel, with the court in favor of the addition and the police against it.
It was difficult to propose an ordinance with the creation and utilization of the
panel as a single piece that could be simply withdrawn by a motion to amend by Council.
Therefore, if the Council determines that it wishes to have the panel removed from the
ordinance, it should be tabled and the staff directed to bring the ordinance back revised
accordingly.
Amendments to Animal Regulation Memorandum
September 15, 2010
Page - 2
RECOMMENDATION: That City Council give consideration to and pass Ordinance
No. 1683 on first reading.
FISCAL IWACTS: There are no fiscal impacts to these amendments.
Respectfully submitted,
— r'�O�
Char es Harb 1, City Attorney
Office of City Attorney
City of Kalispell
i Rs
J101 i 1/
WHEREAS, the Kalispell Municipal Ordinances regarding the regulation of animals within the
City are largely intact from the initial legislation enacted in 1947 and last received
minor amendment in 2007; and
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 animals
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.
SECTION 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 _ DAY OF , 2010.
ATTEST:
Theresa White
City Clerk
Tammi Fisher
Mayor
Exhibit "A"
Article 1 IN GENERAL
4-1 Keeping of Cattle, ete., Livestock in City Prohibited.
No person shall keep within the City limits any cattle, 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 potbellied
pigs as household pets, provided that no person shall keep more than two (2) pygmy goats
or two (2) potbellied pigs.
C.Horses are permitted within any zoning district subject to the following minimum
requirements:
1. The number of horses permitted on a property shall equal one horse per one acre
of fenced pasture land.
2. Offspring to permitted animals living on the lot shall not be counted as part of the
animal density for one year from date of birth at which time the owner shall bring the
animal density back into compliance with this section.
3. Property owners must maintain the animals and pasture in a manner that does not
cause adverse impact to neighboring property owners. Potential negative impacts on
adjacent properties include offensive odors, pasture runoff and the unusual presence of
insects (flies). Failure to maintain the property in accordance with these requirements
shall be considered a violation of this section.
4. Property annexed into the City exceeding the densities required under subsection
(C)(1) of this section shall have up to two (2) years from the date of annexation to
bring the animal density into compliance with this section.
4-2 Animals Running at Large.
The herding, driving or running at large of horses, mules, sheep, goats, buffalo, colts, swine or
cattle, or such other animals, upon the streets, avenues, alleys, parks or public places or grounds
within the City, or the herding of such animals on any unenclosed private grounds within the
City is hereby prohibited. and ,aeelar-ed to be a FBisdefneaaef.
1 1 1
It shall be unlawful within the limits of the City except upon property owned by the Flathead
County Fair Board and operated by such Board as a fairgrounds:
A. Speed: To ride or drive any horse at a speed greater or faster than at a walk.
B. Sidewalk Crossing: To ride or drive any horse over a sidewalk except at a crossing.
C. Fasten to Fire Hydrant: To tie or fasten any horse to a fire hydrant.
D.Leave Unattended: To leave any horse standing untied or unfastened, unless some
suitable person be in charge thereof.
It shall be unlawful for any person to tie any horse, cow or other animal upon any private lot or
other piece of land within the City limits in such a manner that such horse, cow or other animal
may graze upon the streets, alleys or other public places within the City, or to tie such animals so
that they may walk upon or over the sidewalks of the City. , and any per -son vielating the
of this seetion will be deemed guilty of a misdemeanor- and, upen eonv, --tion thefeef-I
shall be punished as provided in Seetion 1 9 ef this Code.
4-6 5 Dogfighting, Cockfighting.
It shall be unlawful for any person within the City to allow or permit any animal or fowl under
his or her control to engage in any dogfight or cockfight or a fight of any kind between animals
and any person violating the provisions of this section will be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be punished as provided in Section 1-9 of this Code.
4-7 6, Hauling or Dragging Dead Animals Through Streets.
A. No person shall haul the body of a dead animal on any of the streets, avenues or alleys of
the City without such body being entirely covered in such a manner that no part of such
body shall be exposed to view.
B. It shall also be unlawful for any person to drag the body of a dead animal on any of the
streets, avenues or alleys of the City.
4-97 Fowl Running at Large.
It shall be unlawful for any person to permit any turkeys, chickens, geese, ducks or other
domestic fowl belonging to him or under his or her control to run at large upon any street or
other public place or upon the premises of another.
4-8 Disposal and Accumulation of Manure and Body Waste of Domestic Animals and Pets.
A. It shall be unlawful for the owner or person having custody of any dog to fail to immediately
move and dispose of in a sanitary manner any solid waste deposited by such dog on public
property or deposited on private property without the consent of the person in control of the
property_
B. No owner or occupant of any premises where horses or other domestic animals or dogs, cats
or other domestic pets are kept within the city shall deposit, cause to be deposited or allow to
accumulate within or about such premises for a longer time than forty eight _(48) hours, any
manure or body wastes from domestic animals and pets. Such person shall provide a receptacle
of sufficient size for the reception of such manure or body wastes of domestic animals and pets.
C. Such receptacle shall be so constructed that the contents thereof will not be accessible to
flies; aad such receptacle shall be placed upon the premises owned, occupied or controlled by
such person in a location as remote as possible from any surrounding dwelling or street. Such
person shall empty and cleanse the same as often as necessary, but not less than once each week.
4-9 Penalties.
Unless otherwise specifically designated as a misdemeanor within this Article it shall be a
municipal infraction pursuant to Article 1-2 for any person to violate the provisions of this
Article.
,1 !
4-10 Definitions.
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 4-2340 of this article.
DOG: 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: 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.
PANEL: A panel of qualified individuals selected pursuant to section 4-23-(B) of this article.
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 Yung children from entering or
reaching into and designed to prevent the dog from escapingSuch pen or structure shall have
secure sides and bottom from which the dog cannot escape as by 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
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. 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.
VICIOUS DOG. Any dog whieh bites er- attempts to bite any humaii being without pr-eveeation
er- whieh harasses, ehases, bites, er- attefflpts to bite any ether- anifnal. Any dog, while
large, whieh bites or- attaeks any pefsaft of anifnal shall be pr-esuffied to be a vieieus dog-.
WARDEN: The City of Kalispell Animal Warden.
4-11 Warden.
The Warden is hereby vested with the power and authority necessary to enforce the provisions of
this article.
i ,;
The Warden is authorized and empowered to apprehend and impound any dog found in violation
of this article.
4-13 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.
4-14 Interference With Warden; Unlawful.
It shall be unlawful and punishable under the misdemeanor penalty provisions of Article 1-9
Cow of this a4iele for any person to knowingly and intentionally interfere with any
Warden in the lawful discharge of his or her duties as herein prescribed.
-15 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:
1. Spayed females and neutered males, five dollars ($5.00) each per year.
2. Unspayed females and unneutered males, fifteen dollars ($15.00) each per year.
4-16 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.
4-17 Issuance of License; Tags; Exemptions.
A.Upon the owner's compliance with Sections 4-15 and 4-16 of this article, 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 ($0.50) fee.
C. Licensing provisions of this article shall not apply to:
1. Any dog whose owner is a nonresident 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 article.
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 this article.
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.
4-19 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 feet (6') in length
tied to the dog and held by said person.
B. Every person having under his or her 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 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.
4-20 Impounding, Redemption or Other Disposal of Unlicensed Dogs.
(Rep. by Ord. 1381A, 5-21-2001)
4-21 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 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 Kalispell Police Officer, pursuant to this article shall
be housed at the Flathead County Animal Control Center. , and the noti^ t- «, S n,-
to u" " ;— `' d b }'' �x' < a r �' *• �'e' A written notice of impoundment shall
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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.
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:
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 twenty four
(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 twenty four
(24) 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 article or to remove any dog
quarantined under this section from the place of quarantine without written permission of
the Warden.
4-23-(A): Keeping Of Dangerous and/or Aggressive Dogs:
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.
IMMI, ,I .r
The chief law enforcement officer of the city shall select and appoint a panel of three (3)
ualified individuals, knowledgeable about dog behavior for the purpose of determining,, in their
opinion, as to whether or not the dog complained of is a dangerous dog. To the greatest extent
practicable, the panel shall collectively represent a diverse background in dog behavior and in no
case may all of the members of the panel be from the same discipline nor may panel include
any individual that may be connected to the case under consideration. For the purposes of this
section, "qualified individuals" mean:
Animal behaviorists with at least a bachelors' degree in animal behavior
Dog behavior modification trainers
Dog breeders
Dog obedience judges
dges
Law enforcement officers that are K-9 handlers
Recognized dog trainers
Veterinarians who treat dogs and cats
4-2340: Judicial Process:
1. Petition For Hearin:
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 shall petition the Kalispell Municipal Court for a panel review for the
purpose of making a recommendation to the Court of whether or not the do in
question should be declared dangerous.
b. Whenever possible, an 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 by best
means possible, that a panel review will be held within 14 days at which time the
owner may present evidence to the panel as to why the dog should not be declared
dangerous.
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 panel makes its
determination.
e. Within 5 days following the panel review, the panel shall provide a report of its
findings to the Kalispell Municipal Court. The Courtafter consideringthe he report may, in
its discretion, then schedule and appropriately notice a hearing to gather further evidence
or may issue its determination and order based upon the report of the panel 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
1. Determination:
a. The Kalispell Municipal Court shall declare a dog dangerous if it finds be,, o
reasonable doubt that the dog, when unprovoked in an aggressive manner:
i. Caused bodily injury to a person,
ii. Bites or kills a domestic animal without provocation while off the dog owner's
property; or
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 assaultingthe he 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 apply to dogs 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 is aggressive and impose conditions requiring the immediate erection and
maintenance of a proper enclosure as defined above and to properly restrain the dog as
set forth in 23- (D)(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 warningsign including a
warning symbol for children, that there is a dangerous dog on the premises. The
sign shall be a standardized sign, as determined by the panel.
ii. To immediately erect or maintain a proper enclosure for the dangerous dog_
iii. To confine the dangerous dog in 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) years 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 suretcompany 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
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 anyjuries inflicted by the dangerous dog,
vii. The city will charge the owner an annual fee of $250.00 in addition to any 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 doh the city tattooed on the dog's right inner thigh.
ix. That the owner of the dog be at least eighteen (18) years of age.
4-23-(E): Confiscation.
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-(D)(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-(D)(2)(a)(iii) of this
article.
2. Reclaiming Doi After notification by the Warden or Kalispell Police Officer, a
dangerous dog seized pursuant to subsection A 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 humanelydestroyed estroyed and the owner is liable to the city for costs
incurred in confining and destroyingthe 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
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 doggy
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 .
4-23-(F): Destruction of Dangerous Dog at Large.
If any dog is running at 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 destroy the dog_
4-23-(G): Violations; Penalty.
Any dog owner who violates any provisions of this Section 4-23 et seq. regarding dangerous
dogs, or 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 do og wner
involving more than one dog as repeated or subsequent violations.
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(Rep. by Ord. 1381A, 5-21-2001)
4-25 Barking or Howling Dogs.
It is unlawful for any person to own, keep, harbor or maintain any dog, finale or female, which
unreasonably annoys or disturbs any persons within the City limits during any time of the day or
night by undue barking or howling
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No person shall keep or maintain on any premises within the City at any time more than four (4)
dogs. Any person keeping or maintaining more than four (4) 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 (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.
Except as otherwise provided herein, any violation or failure to comply with an, o� f the
reauirements of this Article. will be subiect to penalties as a municival infraction pursuant to
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