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Ordinance 619 - REPEALS ORD 613 - DogsT.r ORDINANCE NO. 661 AN ORDIANCE PROVIDING FOR THE LICENSING OF DOGS, THERI REGULA- TION AND CONTROL, PROHIBITING THE DISTURBING OF THE PEACE AND CREATION OF A NUISANCE BY DOGS PROVIDING FOR THE DESTRUCTION OF VICIOUS DOGS AND DIAD DOGS, PROHIBITING THE RUNNING AT LARGE OF UNSPAYED FEMALE DOGS STRAY OR UNOWNED DOGS, PROVIDING PEN-- ALTIES ORDINANCERNo. 6131ON ANDTALL�EOFAND iLINANCDSFANDNPARTS OON S3RDINAECESLINAND G CONFLICT HEREWITH: AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: Sec. 1. LICENSING AND PENALTIES. (a) Every person who owns, keeps or harbors a dog in the City of Kalispell must annually obtain a license therefore from the City Treasurer or pound master, and shall pay for such license the sum of $ L50 for each male dog and spayed female dog, and $10.00 for each unspayed female dog, and all licenses issued hereunder shall expire on the 31st day of March of each year; (b) PROVIDED, that no license shall be issued for a spayed female dog until the City Treasurer or pound master has beer. furnished with a certificate from a licensed veterinarian that such female has been spayed, except re- newal 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 misdemeaner and, upon conviction thereof, shall be fined in any amount not to exceed One Hundred Dollars (100.00); (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 master shall forthwith kill and destroy such dog. Sec. 2. VICIOUS DOGS, MAD 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 pound master shall forwith kill and destroy said dog; (b) The Police or pound master are hereby authorized to kill, on the spot and while in t1he act, any dog running at large which then and there appears to be mad or dangerous to the public where it appears that it is necessary to kill subh 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 circum- stances not amounting to negligence, shall not be deemed to be running at large; (d) No stray dog or 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 owner 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 publisher in the City of Kalispell, 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 keeping 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 disturbs any persons Nithin 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 property or which chases persons or motor vehicles, bicycles or other vehicles, or which charges at or otherwise menaces and frightens any pedestrain or other person lawfully using the public ways of Kalispell; (c) A violation of subdivisions (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 ($b100.00); (d) If any person so convicted does not pay his fine within fifteen (15) days thereafter, the police or pound master shall forthwith kill and destroy such dog. Sec. 4. REPEALING CONFLICTING ORDINARCES. Ordinance No. 613 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. An emergency is hereby declared to, and does hereby exist. Sec. 7. This ordiarce shall be in full force and effect from and after its passage and approval. Passed by the City Council of the City of Kalispell, Montana this 2nd day of 'Harch, 1953. APPROVED by the Mayor of the City of Kalispell, Montana this 2nd day of March, 1953. D. M. McBride Mayor ATTEST W. H. Boberg City Clerk I, W. H. Boberg, City Clerk of the City of Kalispell, Montana do hereby certify that on the 2nd day of March, 1953, I posed 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 ordiance as passed by the City Council.