1. County-wide Dog LicensingCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Doug Russell, City Manager
FROM: Charles Harball, City Attorney
SUBJECT: County -Wide Dog Licensing
MEETING DATE: March 10, 2014 — Council Workshop
Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
BACKGROUND: The City has been approached by staff of the City/County Health
Department with a proposal that dog licensing become a county -wide program involving the
tagging and chipping of dogs so that they might be more readily identified once lost and then
returned to their owners. The City and the County currently have separate dog licensing
programs and each with its own mandates. The County maintains and mans the animal
shelter that is used by both the County and the City.
Under the proposal the City would repeal its requirements that residents license their dogs
with the City, but would require that residents license their dogs with the County. A
resident's failure to have their dog licensed with the County would be a City misdemeanor.
Our animal warden would continue to enforce the licensing requirements as well as the other
animal codes in the city such as dogs at large, barking dogs, dangerous dogs, etc.
I have attached the relevant city codes in redline to show the modifications that are under
consideration that will be consistent with the concept above. Unless it is the County's desire
to do so, there should be no need for an Interlocal agreement between the City and the
County.
FISCAL EFFECTS: If this proposal is adopted, the City will no longer collect dog license
fees but will continue to collect fines for other animal offenses and dangerous dog fees.
Respectfully sub itt ,
t
Charles Harball, City Attorney
Article 2 DOGS
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 Section 4-
23(B) of this Article.
DOG: Any canine animal, of either sex (whether or not spayed or neutered).
LICENSE: A tag obtained from the Gity Finanee Gfflee Flathead County which must be secured to a collar
on the animal. Licenses shall not be transferable between animals. The term "tag" means "license."
OWNER: Every person who owns, harbors or keeps a dog.
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 young children from entering or reaching into and designed to
prevent the dog from escaping. Such pen or structure shall have secure sides and bottom from which the
dog cannot escape as by digging, 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.
WARDEN: The City of Kalispell Animal Warden. (Ord. 1381A, 5-21-2001; amd. Ord. 1688, 12-6-2010)
4-15 License; Required; Fees.
A. It is unlawful for any person to keep, harbor, or maintain any dog ever- six (6) fne Piths of age in
the City of Kalispell unless such dog is duly licensed or deemed exempt as befein provided.
Licenses shall be issued by Flathead County. the City Fifianee Offiee.
.
2. Unspayed females and unneuter-ed males, fifteen dollars ($45.00) eaeh per- . (Ord.
1381A,5-21-2001)
4-17 Issuance of License; Tags; Exemptions.
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A. 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. (Ord. 1381A, 5-21-2001)