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Ordinance 613 - Dogs41 ORDINANCE I1.0. 613 AN ORDINANCE PROVIDING FOR THE VACCINATION FOR RABIES AND LICENSING OF DOGS, THEIR REGULATION AND CONTROL, PROHIBITING THE DISTURBING OF THE PEACE AND CREATION OF A NUISANCE BY DOGS, PROHIBITING FOR THE DISTRUCTION OF VICIOUS DOGS AND IJAD DOGS, PROHLRITING THE RUNNING AT LARGE OF UNSPAYED FEMIALE DOGS, STRAY OR UNO1,"II1ED DOGS, PROVIDING PENALTIES FOR VIOLATION THEREOF, AND R_PEALII,IG SECTIONS 824. 825. 8261 82'7, 828 AND 829 OF ORDINANCE NO. 536 KNOINN AS "THE RE-'ISED ORDINANCES OF KALISPELL OF 1947, AND ALSO REPEALING ORDIIANCES NUMBERED 564, 586" 599 AND 600 AND ALL ORDII`IANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH: AND DECL1,RI7 G AI`i EMERGENCY: AIM DEFININTG PERSONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: Sec. 1. VACCINATION, LICENSING AND PENALTIES. (a) Every person ;rho owns; keeps or harbors a dog in the City of Kalispell must annually obtayn a license therefor from the City Treasurer or pound master, and shall pay for such license the sum of $1.50 for each male dog and s-oayed female dog, and $10.00 for each unspayed female dog and all licenses issued hereunder shall expire on the 31st day o£ March of each year; (b) PROVIDED, that no license shall be issue for any dog until the City Treasurer or pound master has been furnished with a certificate of a licensed veterinarian that such dog has been vaccinated against rabies within sixty (60) days immediately pre- ceding the application for such license; and PROVIDED further that no license shall be issued for a spayed female dog until the City Treasurer or pound master has been furnished with a certificate from a licensed veterinarian that such female has been spayed, ex- cept renewal licenses may be issued as to such female without the production of such certificate on each application for a new license; (c) Any person violating Section 1 hereof shall be guilty of a misdemeanor and, upon conviction thereof shall be fined in any amount not to exceed One Hundred Dollars (hOO.00); (d) In case such person so convicted and fined does not secure such dog license and pay such fine within fifteen (15) days after such conviction, the city police or _pound shall forthwith kill and destroy such dog. Sec. 2. VICIOUS DOGS, DIAD DOGS, UNSPAYED FEMALE DOGS .AND STRAY DOGS: (a) On proper complaint filed in police court by or on behalf of any person bitten by any dog within the city limits of Kalispell, 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 noiund master shall forthwith kill and destroy said dog; kill, (b) The police on the spot and or pound master are while in the act, hereby authorized any dog running at to 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; (c) No unspayed female dog shall run at large, and upon complaint made and judgment rendered that any unspayed female dog has been running at large the judgment of the Court shall be that such dog be forthwith killed and destroyed. The accidental escape of an unspayed female dog from the possession or control of the owner, possessor or handler, under circumstances not amounting to negligence, shall not be deemed to be running at large; 42 WIM, (d) No stray dog om unowned dog or dog the owner of which is not known shall run at large within the city limits of Kalispell. Upon discovering any stray dog or unowned dog, or dog the oamer of which is not known, the police or pound master shall forthwith take such dog into their custody and advertise such dog in a newspaper published in the City of Kalisnell, Montana once a week for two successive weeks; unless, within three (3) days after the second publication, the owner of such dog appears and pays for such advertisement and the charges and costs of keep- ing such dog as aforesaid, the police or pound master shall forthwith kill and destroy such dog. Sec. 3. NUISANCES. (a) It is unlawful for any person to own, keep, harbor or maintain any dog, male or female, which unreasonably annoys or distrubs any persons within the city limits of Kalispell by undue barking or howling; (b) It is unlawful for any person to own, keep, harbor, maintain or handle any dog, male or female, which causes damage or injury to any person or p.r..)perty or which chases persons or motor vehicles, bicycles or other vehicles, or which charges at or otherwise, manaces and frightens any pedestrian or other person lawfully using the public ways of Kalispell; (c) A violation of subd:i_visions (a) and (b) hereof, or either of them, is hereby declared to be a nuisance, and any person, upon conviction thereof, shall be punished by a fine in any sum not to exceed One Hundred Dollars ($100.00); (d) If any person so convicted does not pay his fine within fifteen (15) days thereafter, the police or pound master shall I orthwith kill and destroy such dog. Sec. 4. REPEALING CONFLICTING ORDINANCES. Sections 824, 825, 826, 827, 828 and 829 of Ordinance No. 536 known as the "Revised Ordinances of Kalispell of 1947", and Ordinances numbered 564, 586? 599 and 600, and also all ordinances or parts thereof in conflict herewith are hereby repealed. Sec. 5. DEFINING PERSONS, Persons as used 'herein includes any corporation, association or partnership. Sec. 6. This Ordinance shall be in full force and effect thirty days from and after its passage and approval. Passed by the City Council of the City of Kalispell, Montana, this 7th day of April, 1952. Approved by the Mayor of the City of Kalispell, Montana this 7th day of April, 1952. D. 1,4. IuicBride Mayor ATTEST W. H. Bob Lg _ City Clerk I, W. H. Boberg, City Clerk of the City of Kalispell, Montana do hereby certify that on the 7th day of April, 1952, I posted a copy of the foregoing ordinance in my office and the same remained posted for a period of five days and foregoing is a true and correct of the ordinance as passed by the City Council.