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Ordinance 666 - Vaccination and Licensing of Dogs126 ORDINANCE NO. 666 AN ORDINANCE PROVIDING FOR THE VACCINATION FOR RABIES AND LICENSING OF DOGS, THEIR REGULATION AND CONTROL, PROVIDING FOR THE IMPOUNDING AND DISPOSAL OF UNLICENSED DOGS, PROVIDING FOR THE QUARANTINE AND IMPOUNDING OF ANY DOG SHOWING SYMPTOMS OF RABIES OR OF ANY DOG WHICH HAS BITTEN ANY PERSON, AND PROVIDING FOR ITS DESTRUCTION IF FOUND TO HAVE RABIES, PROHIBITING DOGS RUNNING AT LARGE, PROVIDING FOR THE IMPOUNDING AND SISPOSAL OF DOGS RUNNING AT LARGE, PROVIDING FOR THE DESTRUCTION OF VICIOUS DOGS, PROHIBITING THE DISTURBING OF THE PEACE AND CREATION OF A NUISANCE BY DOGS, PROHIBITING CRUEL TREATMENT FOR DOGS, PROVIDING FOR PENALTIES FOR VIOL- ATION THEREOF, PROVIDING FOR THE CREATION OF A CITY DOG POUNDMASTER, AND REPEALING ORDINANCE NO. 619, AND ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH: AND PROVIDING WHEN THE ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: SECTION 1. DEFINITIONS (a) "Dog" shall mean both male and female. (b) "Owner" shall mean any person or persons, firm, association or corporation owning, keeping or harboring a dog. SECTION 2, VACCINATION AND LICENSING OF DOGS (a) Every person who owns, keeps, or harbors a dog in the City of Kalispell must annually obtain a license therefor from -the City Treasurer, and shall pay to the City Treasurer for such license the sum of THREE AND NO/100 -- DOLLARS ($3,00) for•each male dog and spayed female dog, and TEN AND NO/100 -- DOLLARS ($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 any dog until the City Treasurer has been furnished with a certificate of a licensed v eterinary that such dog has been vaccinated against rabies within sixty (60) days immediately preceding the application for such license; and PROVIDING further, that no license shall be issued for a spayed female dog until the City Treasurer has been furnished with a Certificate from a licensed veterinary that such female has been spayed, except renewal licenses may be issued as to such female without the production of such certificate on each application for a new license; (c) Upon the delivery to the City Treasurer of a veterinary's certificate, or:.certificates, as herein required and the payment of the license fee, it shall be the duty of the City Treasurer to issue a license to said person bearing the same number as the number to be worn on the collar of the dog, as hereinafter provided, The said license shall give the date of issue, the date of expiration, the amount paid, the name and address of the person to whom issued, and the name and sex of the dog. The City Treasurer shall furnish with each license a metal tag, which shall be stamped with the number to correspond with the number of the license, and the year for which issued. In case a dog is brought within the corporate limits, -within the license year, the owner or person having such dog in charge shall obtain a license for said dog as herein provided, and the City Treasurer shall thereupon issue a license as in other cases. Provided, however, that the provisions of this para- graph shall not apply to any person visiting in the City for a period not exceeding thirty (30) days and owning or possessing a dog currently licensed and bearing a license issued by another licensing authority; (d) The metal tag as described hereinabove shall be attached to the collar of the dog, which the owner or person in charge of the dog shall provide and which shall be placed and kept upon the neck of the dog so licensed. If the metal tag be lost, a duplicate tag shall be obtained by taking application to the City Treas- urer, who shall issue such duplicate tag.vpon payment by the applicant of a fifty I cent ($ .50) fee; (e) The City Treasurer shall keep a suitable record of the licenses issued under the provisions of this Ordinance and shall record all of the facts required to be stated in the license. SECTION 3. IMPOUNDING AND KILLING OF UNLICENSED DOGS All dogs not licensed and collared as herein provided are declared to be a public nuisance, and it is the duty of all policement or poundmaster to take up and 127 impound any dog not licensed and collared as in this Ordinance required. Every dog so seized shall be retained in the pound for the space of seventy-two (72) hours. At any time during said period of seventy-two hours, the owner or keeper of said dog may redeem the same by procuring a license as in this Ordinance provided, and by paying in addition a fee to the City Treasurer, or poundmaster, of the sum of $5.00, plus $1,00 per day for each day or any part of a day during which said dog has been impounded, which money shall be paid into the treasury by the City Treasurer or poundmaster. At the expiration of seventy-two hours after impounding any dog, the poundmaster is authorized to sell any such dog to any person not the owner or keeper thereof for the best price obtainable, and the sum received shall be paid by him into the Treasury. In case any such dog not be redeemed or sold as herein provided, the poundmaster shall dispose of said dog in any humane and lawful manner. SECTION 4. RABIES Any policeman or the poundmaster shall have authority to order the owner of any dog showing symptoms of rabies, or of any dog which has bitten any person so as to cause an abrasion of the akin, to subject such dog to the pound for quarantine for a period of not to exceed fifteen (15) days and, if such dog shall be determined free of rabies, the same shall be returned to the owner upon payment of one-half of the regular fee for keeping dogs impounded, plus $1.00 for each day or part of a day that the dog has been impounded. If such fee is not paid, the dog will be subject to disposal as provided hereinafter. Provided, however, that in lieu of submitting such dog to the pound, the owner may, at his expense, admit such dog to a veterinarian for examination. Any dog found to be afflicted with rabies shall be disposed of immediately, either by the owner or by the poundmaster. SECTION 5. UNLAWFUL FOR DOGS TO RUN AT LARGE It shall be unlawful for any owner of a dog to allow said dog to be on any public street, alley, sidewalk, or any public way or public place within the City of Kalispell. Provided, that this shall not prevent the owner from having the dog ' on the streets in public place of the City when the dog is controlled either by chain or leash or by the immediate presence of the owner, or his representative, who keeps the dog under effective control by voice, whistle, or other effective command. (a) Provided, further, however, that the Mayor may, upon application of any person, authorize within the City, dog shows, exhibitions, and dog training courses, allowing the dogs participating therein to be controlled only by competent attendants. (b) It shall be unlawful for any owner of a dog to allow said dog to run upon any property in the City of Kalispell without the consent of the owner or tenant in possession of said property. SECTION 6. DUTY OF POLICEMEN AND It shall be the duty of all policemen and the poundmaster to seize and impound any dog found to be running at large in violation of this ordinance. The owner of every licensed dog so seized shall be notified, by the Police Department, in writing, of the seizure within forty-eight (48) hours thereafter. Notice shall be deemed sufficient when it identifies the dog by license number, states the date and place of seizure, is placed in a sealed envelope addressed to the owner of the dog at his residence as appears on the application for the current license, and is deposited in the United States Mail with postage prepaid. Every licensed dog so seized shall be retained in the pound for the space of five (5) days after notice is mailed to the owner of the dog. At any time while said dog is so impounded, the owner or keeper of said dog may redeem the same by paying to said Poundmaster the sum of FIVE AND N0/100 -- DOLLARS ($5.00), plus ONE AND NO/100 -- DOLLARS ($1.00) per day for each ='day or any part of a day during which said dog has been impounded, which shall be paid to the treasury by the poundmaster. At the expiration of five (5) days after notice shall have been mailed to the owner of said dog as herein set forth, the poundmaster is authorized to dispose of such licensed dog as in this ordinance provided for unlicensed dogs. SECTION 7. VICIOUS DOGS (a) On proper complaint filed in police court by or on behalf of any person bitten by any dog within the City limtts of Kalispell, brought against the person who owns, keeps or harbors such dog at the time of the filing of the complaint, and upon nm T,. due proof, in the judgment of the Court, that such dog bit such person without provication and not in defense of person or property, the judgment of the Court shall be that such dog be destroyed, and the police or poundmaster shall forth- with kill and destroy such dog; (b) The police or poundmaster are hereby authorized to kill, on the spot . and while in the 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 such dog on the spot and at such time in order to protect the public from imminent danger from such dog. SECTION S. NUISANCES It is unlawful for any person to own, keep, harbor, or maintain any dog, male or female, which unreasonably annoys or disturbs any persons within the City limits of Kalispell by undue barking or howling. SECTION 9. CRUELTY PROHIBITED It shall be unlawful for any person to maltreat or torture any dog, having the right or authority to kill such dog in an inhumane manner. SECTION 10. PENALTY Any person who shall violate any provisions of this Ordinance shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be punished by a fine not to exceed ONE HUNDRED AND NO/100 - DOLLARS ($100.00). SECTION 11. •POUNDMASTER There is hereby created the office of City Dog Poundmaster.. Such office shall be filled by appointment by the Mayor. The Poundmaster shall have and exercise the powers of a peace officer in the enforcement of all laws and ordinances relating to dogs. SECTION 12. REPEAL Ordinance No. 619 of the City of Kalispell and all Ordinances and parts there- of in conflict herewith are hereby repealed. SECTION 13. This Ordinance shall be in full force and effect thirty (30) days from and after its passage and approval. PASSED BY THE CITY COUNCIL THIS 20th DAY OF JULY, 1959. APPROVED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 20th DAY OF JULY, 1959. Howard V. Hammer Mayor ATTEST H. J. Hunt City Clerk I, H. J. Hunt, City Clerk of the City of Kalispell, Montana, do hereby certify that on the 21st day of July, 1959, I posted a copy of the foregoing ordinance In my office and the.same remained posted for a period of five days and the foregoing is a true and correct copy of the ordinance as passed by the City Council. /v. 4 - City Clerk of the C ty of Kalispell, -Montana