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B3. Ordinance 1762 - Dog LicensingH Charles A. Harball Office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 TO: Doug Russell, City Manage - FROM: Charles Harball, City Attorney Tel 406.758.7709 Fax 406.758.7771 charb-,tll@kalispell.coni SUBJECT: Ordinance No. 1762 — Second Reading -- Repealing Dog Licensing in the City MEETING DATE: October 19, 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. 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 second 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). the a*imal. Lieenses shall not be tFansfer-able between anifnals. The ter-m "tag" Means "heen 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 te it ef a tatt which establishes ownership and which is found off the property of its owner. that will pfevide positive indivi&al ideatifieation of stieh dog and shall be "Iy fegistefe with the City in eenneetion with the keensing 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. I � 1 7 S�1T1.5 �1�1 i��.R'�ll� .)�[Sf�<ls�il•S J!\T�'L. Zv- mill Y. . . ... .. .. . . . . . . ... . .... . .. . .. . .. . .. I MI \. ME I WWI 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 ^ ,.t; ' o 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 Ge trE)' (''on 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 f (4) r,,,f4s of age to provide effective rabies vaccination of such dog pursuant to the ordinances of Flathead County, Montana. . T , as . eta �hat has been bitten by of: &Epesed to any animal sttspeeted to have been iflfeetedV�4h fubies to lieensed- vetel4flaf:lafi,rt, ., Spftified be!01W: erisre��e:�eseeer�i��rs. yes