F4. Ordinance 1762 - Repealing Dog Licensing - First ReadingCity 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
ix
FROM: Charles Harball, City Attorney
Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Ordinance No. 1762 — Repealing Dog Licensing in the City
MEETING DATE: October 5, 2015 — Regular Council Meeting
BACKGROUND: The City Council was advised at workshop of the dog licensing and
vaccination requirements of Flathead County. The County requires that dogs kept in the
County be vaccinated for rabies and that they be licensed, either by the County, or by the
City in which they are kept. The County has a remarkable record for being able to
return lost dogs to their owners by virtue of its licensing and record keeping program.
The County -City Health Board oversees the County rabies control program to ensure it
remains compliant with the state code.
As discussed in the workshop, the purpose of repealing the City's dog licensing
requirement is to better collaborate with and facilitate the County's system of licensing
and record keeping. The City will retain the function of animal warden and continue to
enforce the ordinances of the City as it pertains to dogs. The animal warden is
authorized to impound dogs without licenses or rabies tags and transport them to the
Flathead County Animal Shelter.
RECOMMENDATION: It is recommended that the Council consider and pass the
offered ordinance on first reading.
ALTERNATIVES: Upon consideration of the ordinance the Council may offer
amendments as it deems appropriate or simply choose not to act on the Ordinance.
ORDINANCE NO. 1762
AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 2 OF THE KALISPELL
MUNICIPAL CODES TO REPEAL CITY DOG LICENSING, DECLARING AN
EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE
SAME.
WHEREAS, pursuant to Kalispell Municipal Code Chapter 4 Article 2, entitled Dogs, the City
of Kalispell requires all dogs kept within the City to be licensed by the City; and
WHEREAS, pursuant to Flathead County, Montana ordinances all dogs kept in the County are
to be licensed by the County unless otherwise required to be licensed by a city
within the County; and
WHEREAS, the Kalispell City Council finds that it is in the best interests of the residents of
Kalispell that all dogs kept within the City be licensed by Flathead County so that
ownership and vaccination records of the dogs will be centrally managed and
located.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. The City of Kalispell Municipal Code is hereby amended as set
forth in Exhibit "A", attached hereto and incorporated fully herein
by this reference.
SECTION 2. The City Attorney is hereby authorized and directed to recodify
this Ordinance.
SECTION 3. This Ordinance shall take effect thirty (30) days after its final
passage. All dog licenses issued by the City shall remain valid for
one year following the date of issuance.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS DAY OF .2015.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
EXHIBIT "A"
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 ffem the City Finmee Offlee, wMeh must be seeur-ed to a eellaf
the animal. Lieenses shall net be tfansfefable between aniffials. The tei:ffi "tag" means
461------- Df
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 taa which
establishes ownership and which is found off the property of its owner.
TATTOO: A pei:manent idenfifieatien number-, provided at owner's expense, tattooed aft t
that will pfevide pesifive individual ideatifieati-An eeff�sueh dog and shall be &I-y fegistefed
wiffi the City in eenneetien with the lieensing ef 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.
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4 17 issuanee of Lieense; Tags; Exemptions.
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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 :pursuant to the ordinances of Flathead County
by this Afti 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 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 a Kalispell Police Officer, pursuant to this Article
shall be housed at the Flathead County Animal Shelter Goat+el Cen . A written notice of
impoundment shall be sent to the owner, if known, within twenty-four (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.
4-22 Rabies Control.
A. It shall be the duty of every person or owner keeping, harboring, or maintaining a dog
to provide effective rabies vaccination of such dog pursuant to the
ordinances of Flathead County, Montana. TWs provision shall not apply te.!
below:B. The wafden shall have the authority to order- the owneF ef any dog showing symptems of
rabies or- any dog whieh has bitten any per -son so as te eaiise an abrasion of the sk I -
that has been bitten by er- exposed to any anifnal suspeeted to have been infeeted . h fab��es to
to exeeed fifteen (15) days. Sueh dog fnay be quarantined under- the supefvision ef a heefised-
1. M the ease ef an unvaeeinated deg whieh is known to have been bitteft by a laber-ator-y
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quafm6ned faf a period of six (6) months. Said dog shall be destfeyed if the ewner- does fiet
eemply .1 .,e pr-evisiens of this etie
rabies,-2. M the ease of a vaeeiiiated dog whieh is known to have been bitten by a labor-ater-y
eenfifmed rabid anifnal, said dog shall be r-evaeeinated widiin twent-y fouf (24) hours a
quafantined fef a period of thii4y (30) days. Said dog shall be destr-eyed if the owner- d
dog is f+ee ef
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