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Ordinance 879 - AnimalsORDINANCE NO. 879 All ORDINANCE TO REVISE THE ORDINANCES OF THE CITY OF KALISPELL CONCERNING ANIMALS; TO PROHIBIT KEEPING OF CATTLE, ETC. IN THE CITY; TO PROVIDE THAT HERDING, DRIVING OR RUNNING AT LARGE OF CATTLE, ETC. WITHIN THE CITY TO BE A MISDEMEANOR; TO PROVIDE FOR LICENSE FEES FOR ADULT DOGS, AND FOR IMPOUNDMENT FEES AND PROCEDURES FOR DOGS IN VIOLATION; TO PROVIDE FOR A MAXIMUM NUMBER OF ADULT DOGS THAT MAY BE KEPT ON A PREMISES WITHIN THE CITY; TO PROVIDE FOR MINIMUM FINES FOR VIOLATIONS; REPEALING SECTION 4-6 OF THE KALISPELL CITY CODE AND DECLARING AN EMERGENCY AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: Section 1. Section 4-1 of the Kalispell City Code is hereby amended to hereafter provide as follows: Section 4-1. Keeping cattle, etc. in the 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, that this ordinance shall not be applicable upon property owned by the Flathead County Fair Board and operated by such board as a fair grounds within the city. Any person. so offending shall be guilty of a misdemeanor and on convic- tion thereof shall be punished as provided in section 1-9, and shall be responsible for damages done by such animals. Section 2. Section 4-2 of the Kalispell City Code is hereby amended to hereafter provide as follows: Section 4-2. Animals running at large, etc. The herding, driving or running at large of horses, mules, sheep, 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 declared to be a misdemeanor. Section 3. Section 4-10 of the Kalispell City Code is hereby amended to hereafter provide as follows: Section 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_ "Dog" shall mean both male and female; an adult dog is any dog six months or more old. ' Owner_ "Owner" shall mean any person owning, keeping or harboring a dog. Section 4. Section 4-15 of the Kalispell City Code is hereby anended to hereafter provide as follows: Section 4-15. License - - Required; fees, etc. 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: 474 1. Spayed females and neutered males - $3.00 each per year. 2. Unspayed females and unneutered males - $15.00 each per years. All licenses issued hereunder shall expire on the 31st day , of March next following the issuing date thereof. Section 5. Section 4-16 of the Kalispell City Code is hereby amended to hereafter provide as follows: Section 4-16. Same - - Prerequisites to issuance. No license required by Section 4-15 shall be issued to any dog until the city treasurer has been furnished with a certificate of a licensed veterinary 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 veterinary 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. Section 6. Section 4-17 of the Kalispell City Code is hereby amended to hereafter provide as follows: Section 4-17. Same - - Issuance; contents; tags. Upon the delivery to the city treasurer of a veterinary'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 period not exceeding thirty days and owning or possessing a dog currently licensed and bearing a license issued by another licensing authority. 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 treasurer, who shall issue such - duplicate tag upon payment by the applicant of a fifty cent fee. - 2 - 475 Section 7. Section 4-19 of the Kalispell City Code is hereby amended to hereafter provide as follows: ion It shall be the duty of all policemen 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 hours there- after. 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 applica- tion 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 days after notice is mailed to the owner of the dog unless, (a) 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 impoundment fee plus, for each day or portion thereof that such dog has been impounded, a boarding fee of two dollars 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 Flathead 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 same as may be provided for in such interlocal agreement. At the expiration of five 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 for unlicensed dogs. Section 8. Section 4-20 of the Kalispell City Code is hereby amended to hereafter provide as follows: or other disposal of 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 policemen or the poundmaster to take up and impound any 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 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 impoundment fee plus, for each day or portion thereof that such dog has been impounded, a boarding fee of two dollars per day. Any dog less than six 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 months of age confined limited 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 agree- ment, provide that the city pound be located at a facility owned and operated by Flathead County; in such case the properly designated person in charge of such county facility - 3 - 476 shall be authorized to receive the impoundment and board fees as provided for herein and dispose of same as may be provided for in such interlocal agreement. At the expira- tion of seventy-two 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 said dog; all sums received by the pound - master for the impoundment, boarding and sale of such un- licensed 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 said dogs in a humane and lawful manner. Section 9. Section 4-21 of the Kalispell City Code is hereby amended to hereafter provide as follows: Section 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 said dog is then and there controlled by such person by a chain or leash no more than six feet in length tied to said 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 said 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 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. Section 10. There is hereby enacted a new section of the Kalispell City Code to be known as Section 4-26 thereof and which shall provide as follows: Section 4-26 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 pound - master or any police officer of the. city 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. - 4 - Section 11. There is City Code to be known provide as follows: Section 4-27. hereby enacted a new section of the Kalispell as Section 4-27 thereof and which shall Any person violating any of the provisions of this code relating to dogs shall, for conviction of the first offense be fined no less than ten dollars, and, for conviction of the second offense relating to the same dog within one calendar year be assessed a fine of no less than twenty dollars and, in relation to the same dog, for the conviction of three or more offenses within one calendar year be assessed a fine of no less than forty dollars 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 the Kalispell City 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 ordinance. Section 12. Section 4-8 of the Kalispell City Code and any other section thereof in conflict herewith is hereby repealed; all other sections of Chapter 4, entitled "Animals and Fowl" of the Kalispell City Code not amended or repealed hereby remain in full force and effect. ' Section 13. Ts-- 'effective An emergency is immediately upon declared to exist and this ordinance passage and adoption hereof. PASSED BY T CITY COUNCIL OF E CIT OF KALISPELL, MONTANA, AND APPROVED HE MAYOR THIS 1 DAY AUGUST 1977, ,( r i—" Norma E. HaDD. Mavor T e, 'I, Ceor?e Reardslp•e, City Clerk f the City of liso the 2 rd day of Au ust 19-=, I in my office, and the same remain posted or a pert Is a true and correct copy of the or an a as passed - 5 - Vntana, do certify that on of the foregoing o dinance ire days, a t foregoing eee I Coun 1, j