Title
6
ANIMALS
Chapters:
6.02 Feeding of
Certain Wildlife Prohibited
6.12 Keeping Livestock
and Fowl
6.22 Interference With a Police Dog
Feeding of Certain
Wildlife Prohibited
Sections:
6.02.030 Conduct declared unlawful
6.02.050 Investigation and Complaints
6.02.010 Purpose. Citizens of
6.02.020 Definitions.
As used in this chapter unless the context otherwise indicates, the
following terms shall have the meaning ascribed to each:
A. “Wildlife” means skunks, foxes,
raccoons, bats, wolves, wolf-hybrids, bobcats, bears, mountain lions, deer,
elk, and any other species of normally non-domesticated animals.
B. “Animal Control Officer” means all
peace officers as that term is defined in
C. “Attractant(s)” means any substance,
including but not limited to, food, garbage, or salt lick, which draws wildlife
to a particular location.
D. “Feed” means a substance composed of
grain, mineral, salt, fruit, vegetable, hay, or any other food material or
combination of these materials, whether natural or manufactured, that may
attract Wildlife.
E. “Feeding” means the depositing,
distributing, or tending of feed in an area frequented by Wildlife. (Ord. 3330,
2006)
6.02.030 Conduct declared
unlawful.
A. It is unlawful to feed, provide feed
or other attractants, excluding ornamental plants, vegetable gardens and
properly hung feeders, to wildlife within the city limits. (Ord. 3330, 2006)
A. It is legal to feed birds, other than
waterfowl and upland game birds, utilizing a bird feeder that can be accessed
only by birds. Birdfeeders that are accessed by other animals other than birds
or squirrels are in violation.
B. This ordinance is not intended to
prohibit feeding livestock in normal agricultural operations. (Ord. 3330, 2006)
6.02.050 Investigations and Complaints.
A. Upon receipt of a complaint by one
or more persons alleging the illegal feeding of wildlife, an animal control
officer may investigate the complaint to determine if there has been a
violation of this ordinance. (Ord. 3330, 2006)
A. Each day an offense exists shall
constitute a separate offense pursuant to this chapter. The
B. All responsible party or parties found
guilty of a first offense of this section shall be fined an amount of not less
than Fifty dollars ($50.00), with a $100.00 fine for subsequent offenses. (Ord.
3330, 2006)
ANIMALS RUNNING AT LARGE*
Sections:
6.04.060 Impounded animal‑‑Redemption.
6.04.070 Impounded
animals‑‑Recordkeeping‑‑Report
of money received.
6.04.010
Declared
unlawful.
It is unlawful for the owner or any person having control of any horses,
mules, goats, sheep, swine, or any other livestock, exotic or domestic, to
allow or permit the same to run at large, as that term is defined in Section
6.08.010, within the corporate limits of the city. (Ord.
3310, 2005; Ord. 3226, 2003; Ord. 2041 §1, 1979; prior code §4‑1).
6.04.020
Impoundment.
Any animal found to be at large in violation
of Section 6.04.010 is subject to be impounded by Animal Control or the police
department. The owner or person in charge of the animal may redeem the same
within ninety‑six business day hours (excluding
week-ends & holidays), after the expiration of said time the animal shall
become the property of City of Missoula and is subject to disposition by the
City of Missoula as provided in this section.
No redemption shall be permitted unless the redemptioner
first pays all costs incurred as a result of impoundment by Animal Control or
the police department. (Ord. 3310, 2005; Ord. 3226, 2003; Ord.
2041 §4, 1979; prior code §4‑6).
6.04.030 Repealed.
(Ord. 3310, 2005; Ord. 3226, 2003; Ord. 2041 §5, 1979; prior
code §4‑8).
6.04.040 Repealed. (Ord. 3310, 2005; Ord.
3226, 2003; Ord. 2041 §6, 1979; prior code §4‑10).
6.04.050
Repealed (Ord. 3310, 2005; Ord. 3226, 2003; Prior
code §4‑12).
6.04.060
Impounded animal‑‑Redemption. At any time before the adoption of any impounded animal, the owner
thereof, or other proper person, may redeem the same by paying to Animal Control or the police department all
fees resulting from impoundment of said animal.
(Ord. 3310, 2005; Ord. 3226, 2003; Ord. 2041 §7, 1979;
prior code §4‑11).
6.04.070
Impounded animals—Record keeping‑‑Report of money received. Animal Control shall keep a record
of all animals impounded under the provisions of this chapter, in which record
shall be entered the descriptions of all animals, the dates when the same are
impounded, and the dates when the same are redeemed or adopted; if redeemed,
the amount of fees and costs of sustenance paid; and if adopted, the amount
received. (Ord. 3310, 2005; Ord. 3226,
2003; Ord. 2049 §8, 1979; prior code §4‑15)
6.04.080
Repealed (Ord. 3310, 2005; Ord. 3226, 2003; Ord.
2041 §9, 1979; prior code §4‑16).
6.04.090 Repealed. (Ord. 3310, 2005; Ord. 3226, 2003; Prior
code §4‑17).
Sections:
ARTICLE I. DOG CONTROL
6.08.020 Vaccination requirement.
6.08.030 Animal control board.
6.08.040 License and registration.
6.08.080 Licensee's liability‑‑Transfer
of license.
6.08.090 Animal control officer‑‑Powers
and duties.
6.08.100 Animal control officer‑‑Investigation
power.
6.08.110 Animal control officer‑‑Interference
unlawful.
6.08.130 Reimbursement of additional license agents.
6.08.141Designated Dogs Not Allowed Areas
6.08.142 Designated
Voice Restraint Areas
6.08.145 Animals
barred from food service establishments.
6.08.170 Investigation and disposition of nuisance, dangerous or vicious dogs‑‑Unlawful conduct.
6.08.180 Animal
bites and rabies control‑‑Generally.
6.08.190 Freeing
confined animals.
6.08.210 Cruelty to animals‑‑Penalty.
6.08.220 Animal
exposed to rabies.
6.08.230 Emergency rabies control.
6.08.240 Citation‑‑Animal impoundment.
6.08.250 Disposition of impounded animals.
6.08.260 Animals given to humane society.
Sections:
6.08.420 Housing
standards for animals kept at pet shops.
6.08.430 Animal
care standards for animals kept at pet shops.
6.08.010 Definitions.
Unless the context
clearly indicates otherwise, the following definitions apply to the provisions
of this chapter:
A. “Animal” means any living vertebrate
creature, other than human beings, whether wild or domestic including but not
limited to all livestock and any domestic pets.
B. “Animal Control Officer” means all
peace officers as that term is defined in Montana state law as well as all duly
appointed animal control officers and animal control supervisors appointed by
either the city or county to carry out and enforce each entity’s respective
animal control ordinances.
C. “Animal control shelter” means any
premises provided by either city or county local government independently or
jointly for the purpose of impounding and temporarily caring for dogs and other
animals.
D. “At large” means a dog “off leash” and
off the premises of the owner, keeper or custodian of the dog and the owner,
keeper, or custodian is not physically present with the dog.
E. “Bite” means a wound, laceration or
puncture inflicted on a person or animal by the teeth of an animal, or an
impression or bruise on the skin made by the closure of an animal’s teeth, or a
seizure made by the teeth of an animal.
F. “Dangerous dog” means any dog which
that is capable of inflicting death or serious injury on any person or other
animal and which that has:
1. without provocation, bitten a person
engaged in a lawful activity;
2. anywhere, without provocation, chased,
confronted or approached a person in a menacing fashion, such as would put an
average person in fear of attack: or
3. anywhere, exhibited a propensity, tendency or
disposition to attack, cause injury or otherwise threaten the safety of persons
or other domestic animals without provocation; or any dog that has attempted to
bite or to attack one or more persons. A
dog may be deemed to be attempting to attack if it is restrained by a leash,
fence or other means, and it is apparent from the dog’s excited actions that
only the presence of the leash, fence or other means of restraint is preventing
the dog from making an immediate attack upon the person or animal. In making determinations as to whether or not
a dog is dangerous under this section, the adequacy of the means of restraint
shall be taken into consideration;
4. anywhere acted in a manner that causes or
should cause its owner to know that it is potentially dangerous. No dog may be declared dangerous if the
actions of the dog were the result of a person who, at the time, was abusing or
assaulting the dog or has, in the past, been observed or reported to have
abused or assaulted the dog.
G. “Dog” means any commonly domesticated canine animal that is a member of the species canis familiaris, and includes both the male and female sex of the species.
H. “Dogs Not Allowed Area” means an area approved after due notice and public hearing by both the City-County Animal Control Board and the City Parks Board and signed as such for permanent status or for specified periods, to exclude the presence of all dogs to protect the public from nuisance or to protect wildlife. All dogs not allowed areas shall be posted at common entry points by the land manager.
I. “Domestic animal” means any animal that is tame by nature and includes but is not limited to dogs, cats, rabbits and livestock.
J. “Kennel” means any animal cage or fenced enclosure specifically intended solely for the confinement of dogs as well as commercial kennels where the building or premises is utilized for the business of charging fees for boarding, breeding, letting for hire or training of animals.
K. “Leash” means any common leash, cord, rope, chain or other similar devices no longer than six feet in length and of sufficient strength to restrain and control the dog to which it is attached. Also acceptable as a leash are retractable devices whose length does not exceed 26 feet.
L. “Livestock” means cattle, sheep, swine, poultry, ostriches, emus, bees, goats, horses, mules, asses and llamas.
M. “Multiple dog permit” means a permit authorizing a household, individual or family unit to keep, harbor or maintain more than two dogs over four months of age for noncommercial purposes.
N. “Muzzle” means a humane device securely fastened over the mouth of an animal to prevent its biting.
O. “Nuisance dog” means any dog that is allowed to:
1. Steal or damage either private or public property;
2. Defecate on private land without permission of the land owner, or is allowed to defecate on public land without the person in care of the dog cleaning up and disposing of the waste immediately;
3. Chase after persons not trespassing on the property of the owner, or injuring or attempting to injure, the person, family or property of the owner, or injuring or attempting to injure, the person, family or property of the owner;
4. Chase vehicles, bicycles, skateboarders, etc. in public streets, alleys, parks or public ways;
5. Cause annoyance to any person by prolonged barking, howling, yelping or other means;
6. Rummage through or scatter garbage or rubbish;
7. Repeatedly run at large;
8. Run at large and is an un-neutered male;
9. Be in heat (estrus) without being kept in a confined area not accessible to any male dogs that may be running at large in violation of Section 6.08.140;
10. Be inside a public area where food is being served or consumed which is designated with signs authorized by the Health Department which prohibit dogs, except when licensed as an assist dog as described in Sections 6.08.040(C)(1) and (2).
P. “Nuisance Barking Dog(s)” means any dog(s) that barks, howls, yelps, whines, bays or make other noises at repeated intervals of at least five minutes with less than one minute of interruptions that annoys any person or neighborhood to an unreasonable degree.
Q. “Off Leash” means a dog off the premises of the owner, keeper, or custodian of the dog not under physical restraint on a leash as previously defined even though the owner, keeper, or guardian is accompanying the dog.
R. "On-Leash” means a dog which is under physical restraint on a leash.
S. "Outdoor food service establishment” means a booth, stall or mobile cart preparing, selling or serving food or beverages.
T. “Owner” means any person or custodian possessing, harboring, keeping or having control or custody of a dog or any person having any financial interest, right, or property in the dog and also includes any person who permits a dog to remain or about any premises occupied by that person.
U. “Person” means any individual, partnership, firm or corporation, trust, association or other legal entity.
V. “Provocation” means any teasing, abusing or assaulting of a dog.
W. “Quarantine” means confined in strict isolation inside a secure locked building, cage, kennel or pen on account of suspected contagion of communicable disease. Isolation shall be required so that contact between the confined animal and any person or other animal is not possible, and so that it can be observed daily under the supervision of a licensed veterinarian or animal control officer.
X. “Rabies vaccination” means the inoculation of an animal with anti-rabies vaccine that has been approved for that species, having an effective immunity of at least one year, and administered by a licensed veterinarian in accordance with the current edition of the “Compendium of Animal Rabies Control”, published by the National Association of State Public Health Veterinarians, Inc.
Y. “Restraint” means attached to and controlled by a leash, not to exceed six feet in length, where a person is personally present and physically capable of restraining the dog and is in fact holding the leash to control the dog or within a motor vehicle with the permission of the owner.
Z. “Serious or severe injury” means any physical injury that results in lacerations or wounds requiring either surgery or one or more stitches, or broken bones, or results in any death to person or animal including but not limited to putting another animal to death as a result of injuries received.
AA. “Unprovoked” means action by a dog not in response to the dog being teased, abused or assaulted by any person, or not in response to pain or injury suffered by the dog.
BB. “Vicious dog” means any dog that has:
1. has caused death or serious or severe injury to a person engaged in a lawful activity; or
2. has attacked or bitten without provocation a person engaged in a lawful activity; or
3. has; while off the property of its owner and without provocation, killed or seriously injured another animal; or
4. has ever been trained for dog fighting or has ever been owned, kept or harbored for the purpose of dog fighting.
CC. “Voice Restraint” means that the dog’s owner or custodian can see the dog and is personally within seventy-five feet of the dog and is able to effectively control and recall the dog at all times and is not allowing the dog to fight with other dogs or chase or harass wildlife. Any dog under voice restraint must move immediately to its owner, keeper, or custodian when commanded by its owner, keeper, or custodian to do so.
DD."Voice Restraint Area:" after due notice and public hearing by both the City-County Animal Control Board and the City Parks Board, the City-County Animal Control Board and the City Parks Board may recommend that the Missoula City Council designate a Voice Restraint Area for the exercise of dogs under voice restraint. The City Council may restrict usage of any such Designated Dog Voice Restraint Area in any way.
All usual entry points into a
designated Voice Restraint Area shall be marked "Entering a Designated Dog
Voice Restraint Area."
All usual exit points from a
designated Voice Restraint Area shall be marked "Leaving a Designated Dog
Voice Restraint Area – all dogs must be on-leash from this point on."
EE. “Wild animal” means skunks, foxes,
raccoons, bats, wolves, wolf-hybrids,
bobcats, bears, mountain lions and any other species of normally nondomesticated animals known to be capable of transmitting
rabies and that do not have a proven anti-rabies vaccine. (Ord. 3310, 2005; Ord. 3071, 1998; Ord. 2831
§1, 1992; Ord. 2760 §1, 1990; Ord. 2056 §§1, 2, 1979; Ord. 2022 §1, 1979; Ord.
1959 (part), 1978; prior code §4‑26).
6.08.020 Vaccination requirement.
It is unlawful for any person to keep, maintain, harbor, sell, adopt
out, or give away any dog, cat, ferret or any other animal that has had a
rabies vaccine approved for its species, over four months of age unless such
animal has been vaccinated against rabies by a licensed veterinarian. All animals under
one year of age at the time of initial rabies vaccination must be revaccinated
thereafter in accordance with the current edition of the “Compendium of Animal
Rabies Control” and after the second
booster shot when the animal is at
least one year old may be revaccinated every
three years thereafter. Governmental animal control shelters and animal
shelters incorporated and operated under section 501(c)(3) of the Internal
Revenue Service Code need not vaccinate for rabies while an animal is under
their care but may not sell, adopt out or give away an unvaccinated animal
except as provided below. Governmental
animal control shelters and animal shelters incorporated and operated under
section 501(c)(3) of the Internal Revenue Service Code may, as an alternative
to rabies vaccination, sell a rabies certificate to the person purchasing or
adopting the animal which requires the vaccination. The certificates must cover the cost of a
rabies vaccination at a rate acceptable to more than one-half of the
veterinarians practicing in the City.
The issuing shelter must redeem the cost of the face value of the
certificate to the veterinarian within 30 days of receiving an invoice from the
veterinarian for vaccination services rendered. (Ord. 3310,
2005; Ord. 3226, 2003; Ord. 3071, 1998; Ord. 2831 §2, 1992; Ord. 2760 §2, 1990;
Ord. 2600 §1, 1988; Ord. 1959 (part), 1978; prior code §4‑28).
6.08.030 Animal Control Board.
An animal control board is to be established to review animal control
program policies to ensure consistency with all pertinent city ordinances, to
approve or deny requests for multiple dog permits, and to perform other duties
as described in the inter-local agreement between the city and the county on
cooperative animal control. The board
shall consist of five members with appointments and terms as set forth in the
animal control inter-local agreement. (Ord. 3310, 2005; Ord.
3071, 1998; Ord. 2831 §3, 1992; Ord. 2760 §3, 1990; Ord. 2027, 1979; Ord. 1959
(part), 1978; prior code §4‑27).
6.08.040
License and registration.
A. It is unlawful for any person to keep,
harbor, or maintain in the city, any dog over four months of age unless the dog
is duly registered and licensed as provided in this chapter. License shall be issued by the city
treasurer, by animal control officials at the animal control shelter, or by
duly appointed license agents upon presentation of the following:
1. Written proof that the dog has been
vaccinated by a licensed veterinarian against rabies and that the period of
immunization shall be valid during the licensing period;
2. If applicable, written proof that the
dog has been spayed or neutered;
3. Payment of a license fee as specified
in this chapter. Dog license fees shall
be as follows:
|
Altered Dog |
Amount |
Unaltered Dog |
Amount |
|
|
One Year License |
$15.00 |
One Year License |
$30.00 |
|
|
Two Year License |
$30.00 |
Two Year License |
$60.00 |
|
|
Three Year License |
$45.00 |
Three Year License |
$90.00 |
|
|
Senior Citizen Discount Any
resident sixty-five years of age or older shall receive a senior citizen
discount of half price on any of the license fees listed above with the
exception of late fees, transfer fees, duplicate fees and multiple dog
permits. Senior discount is limited to one dog per residence. Proof of age
must be presented to receive discount.
|
|
|||
|
|
||||
|
OTHER FEES: |
Late Fee |
Transfer Fee |
Duplicate Fee |
Multiple Dog Fee |
Puppy License |
|
AMOUNT: |
$5.00 |
$5.00 |
$5.00 |
$50.00 |
$15.00 |
Pro
rated licenses may be offered to newly acquired dogs or dogs having moved to
the city or county of Missoula within the last 60 days. These licenses are
available at the city treasurer’s office or at the Animal Control shelter.
Puppy
licenses may be issued to dogs between the ages of 4 months and 6 months if
they receive their rabies vaccination during that time and it is not a
requirement that the dog be spayed or neutered for this first license. The license fee will be the same as an
altered dog, regardless if dog has been altered.
Licenses
shall run concurrently with the dogs rabies
vaccination; all licenses shall expire the same date the rabies vaccination
expires, but no license shall exceed a total of three years. A late fee of five dollars will be assessed
if the license is not renewed by license expiration date. At least one notice of license expiration
will be sent to the license holder within one month prior to the date of expiration. Licenses for dogs moving into the city shall
be purchased within sixty days after the dog moves into the city before being
in violation of this section.
1. When calculating license fees, the
fees are to be figured from the date of vaccination to date of expiration of
vaccine (no more than 3 years) or can be calculated for a period of 1 or 2
years from date of vaccination as long as vaccination is valid during that
time. No pro rated license fees will be
charged unless the dog is newly acquired or owner is a new resident (60 days or
less) of the city of Missoula.
B. The owner shall state at the time the
application is made for the license and upon forms provided for that purpose,
his or her name, address and owner’s birth date, the dog’s name, breed, color,
sex, age, coat and any identifying marks of the dog for which the application
is made, the date and by whom the vaccination was given, and the number of the
rabies tag. The provisions of this
section shall not apply to nonresidents having dogs under restraint within the
city less than fifteen days.
C. The following dogs shall be licensed
upon written proof of vaccination as set forth in this section, but shall be
exempt from the annual license fee:
1. Any dog which has been duly and
properly trained to assist the blind, deaf, or disabled, and is now acting in
that capacity;
2. Any government police service dog:
3. Any dog currently licensed to a senior
citizen will continue to receive a free license for that particular dog until
the demise of said dog.
D. Licenses shall not be issued to any person
under the age of eighteen years unless a parent or guardian signs the
application as co-owner.
E. The animal control supervisor may,
after ten days written notice, revoke any license if the person holding the
license fails or refuses to comply with any provision of this chapter.
F. Any person whose license is revoked
shall, within ten days thereafter, remove the dog from the city or humanely
dispose of the dog, and no part of the license fee shall be refunded.
G. It shall be a condition of the
issuance of any dog license that any animal control officer, or police officer
acting in that capacity, shall be permitted to inspect all dogs, at any
reasonable time, and if permission for such inspection is refused, the dog
license shall be revoked.
H. The withholding or falsification of
any required information on any application shall be grounds for refusal to
issue a license or for revocation of a license which has been issued.
I. A person who has been denied a license
may reapply for a license by showing that the ordinance violation has been
corrected and/or by agreeing to comply with the ordinance provision, and paying
an additional ten dollars license fee for the license.
In any prosecution for a violation of this
section, any dog found off the owner’s premises without a license tag shall be
deemed unlicensed, even though a license has been issued for that dog, and
shall be a prima facie evidence that the dog has not been legally licensed,
unless the dog is leashed and accompanied by a person who has a copy of the
license certificate in his immediate possession. (Ord. 3310,
2005; Ord.3076, 2003; Ord. 3071, 1998; Ord. 2848 §1, 1993; Ord. 2831 §4, 1992;
Ord. 2760 §4, 1990; Ord. 2741 §1, 1990; Ord. 2506 §1, 1986; Ord. 2402 §1, 1985;
Ord. 2022 §2, 1979; Ord. 1959 (part), 1978; prior code §4‑29).
A. Upon receipt of a proper application,
proof of vaccination, and the license fee, the applicant shall receive a
license certificate. A metallic tag
displaying a license number, shall be issued to the
owner. The shape and color of the tag
may be changed periodically and shall be stamped with a number corresponding
with the number on the certificate.
Every owner is required to provide each dog with a substantial collar,
to which the license tag shall be affixed at all times.
B. Any dog found off the owner’s premises
without a license shall be deemed unlicensed, even though a license has been
issued for that dog, unless the dog is leashed and accompanied by a person who
has a copy of the license certificate in his immediate possession.
C. In the event that a dog tag is lost or
destroyed, a duplicate shall be issued by an authorized dog license agent upon
presentation of an affidavit to that effect and a payment of five dollars for
the duplicate.
D. License tags are not transferable from
one dog owner to another, unless such transfer is done by an authorized dog license
agent and it is unlawful for any person to cause or permit a license tag to be
placed upon a dog for which it was not issued.
Any dog found with a license tag issued for another dog shall be deemed
unlicensed.
E. If during a license period an animal
is sold or title or ownership said to animal is transferred to a new owner,
such new owner shall apply to an authorized dog license agent for a transfer of
such animal’s license and pay a transfer fee of five dollars. Upon receipt of the transfer fee, a
certificate of transfer bearing the name and address of the new owner shall be
issued. The license will then remain
valid for the duration of the original license.
Until the certificate of transfer has been issued to the new owner, the
original owner, at the discretion of the department, may be responsible for any
violations of this chapter and may pay any fines or fees charged as a result of
the violations.
F.
No refunds shall be made on any license because of the death of the dog
or the owner leaving the city before the expiration of the license. (Ord. 3310,
2005; Ord. 3226, 2003; Ord. 3071, 1998; Ord. 2831 §5, 1992; Ord. 2760 §5, 1990;
Ord. 2600 §2, 1988; Ord. 2506 §2, 1986; Ord. 2402 §2, 1985; Ord. 1959 (part),
1978: prior code §4‑31).
6.08.060
Number of dogs. It is unlawful
for any person, family or household to keep, harbor or maintain more than two
dogs over four months of age in or on any premises without first obtaining a
multiple dog permit from the animal control board as provided in Section
6.08.070. (Ord. 3310, 2005; Ord. 3071, 1998; Ord. 2831 §6,
1992; Ord. 2760 §6, 1990; Ord. 2056 §3, 1979; Ord. 2022 §3, 1979; Ord. 1959
(part), 1978; prior code §4‑32).
6.08.070 Multiple
dog permit. A multiple dog
permit is required by any person, family, or household owning, keeping, or
harboring, more than two dogs over the age of four months for sixty days or
more. Application for the permit shall
be made with Animal Control. The
following conditions must be met before the permit can be issued:
A. All dogs must have valid licenses;
B. The intended facilities must be
inspected by the animal control board or its designee. The permit shall not be issued unless the
inspection reveals that the following concerns are satisfactorily resolved:
1. There is an adequate enclosure of the
dogs on the premises,
2. A minimum of five neighbors have been
contacted, at least two of which whose property lies adjacent to the
applicant’s property, and who have no objections to the issuing of the permit;
3. The owner uses suitable means of
disposing of the dog excreta so that it does not become a nuisance or a health
hazard,
4. That in the investigating officer’s
opinion, the dogs receive proper food, water, shelter, and general care.
C. Following the inspection, based on the
information submitted by the applicant and on the recommendation of the
investigating officer, the animal control board shall approve or deny the
application. The board may issue a
conditional permit but must state the permit conditions on the document and
ensure that the applicant is advised of the conditions.
D. After receiving notification of the
board’s approval, the applicant must pay the city treasurer a multiple dog
permit fee of fifty dollars per year, unless that fee is waived by the animal
control board based on information submitted by the applicant and the
investigating officer. The permit fee
may be waived for reasons including but not limited to the size of the dogs,
their age and/or health status, or special care conditions.
E. All premises for which a multiple dog
permit is issued are subject to annual inspections by the animal control
office, board or its designee. The
inspections may also be instigated on a complaint filed by an interested
person. The board on determining that
such premises are not being maintained and/or the conditions of the permit are
not met, may recommend a revocation or denial of the permit if it is deemed
necessary. The permittee shall be given a 30 day
written notice of board’s recommendation/revocation/denial during which he may
appeal the board’s recommendation to the city council. The city council shall revoke or reinstate
the permit by a majority vote.
F. A permit authorized by the board must
contain the following information:
1. Name and address of the person to whom
the permit is granted;
2. The number of dogs for which the
permit is granted;
3.
Any
special conditions required by the board. (Ord. 3310, 2005; Ord. 3226, 2003; Ord.
3071, 1998; Ord. 2831.§7, 1992; Ord. 2760 §7, 1990;
Ord. 2741 §2,1990; Ord. 2600 §3, 1988; Ord. 2402 §3, 1985; Ord. 2056 §4, 1979;
Ord. 1959 (part), 1978; prior code §4‑33).
6.08.080 Licensee’s liability
--Transfer of license. In all prosecutions
for violations of this chapter the person who applied for and obtained the
license for the dog in question shall be deemed the person responsible for the
violation unless there has been a transfer of ownership prior to the violation. Any transfer of ownership must be evidenced
by a transfer license issued by furnishing the name and address of the
transferee to the city treasurer and paying a fee of five dollars. (Ord. 3310, 2005; Ord. 3071, 1998; Ord. 2831 §8, 1992; Ord. 2760
§8, 1990; Ord. 1959 (part), 1978; prior code §4‑52).
6.08.090 Animal control officer -
Powers and duties. In
addition to the duties and powers of the animal control officer or animal
control supervisor otherwise prescribed, the animal control supervisor shall:
A. Keep and maintain adequate records of
all animals impounded and of all actions taken in the course of his duties,
B. Carry out and enforce the licensing
and control of all animals in the city as provided in this chapter,
C. Seize and take up all animals
violating the terms of this chapter and maintain the same in a suitable and
humane manner at the city/county animal shelter,
D. Where this chapter requires that an
animal be put to death, the officer shall accomplish this in a humane
manner. An officer may provide for the
immediate humane euthanasia of any animal that a licensed veterinarian has
deemed to be suffering and has determined that it would be inhumane to prolong
its life,
E. Be empowered to pursue upon private
property any animal violating any provision of this chapter in his presence or
when acting under a court order, warrant, affidavit of a vicious animal, when
attempting to seize any animal suspected of having been exposed to rabies;
F. Make complaints in municipal court for
violations of this chapter and shall attend and testify in court when required,
G. Obtain and issue numbered metallic
badges for himself and all animal control officers,
the design of which shall be approved by the chief of police. Such badges shall be exhibited as proof of
authority, upon demand of any person,
H. Establish and maintain regular hours
during which the animal shelter shall be open and shall post the hours in a
conspicuous place at the animal shelter;
I. Have authority to make out and issue
citations for violations of this chapter.
J. Issue administrative orders where
appropriate for the enforcement of this chapter.
K. Have authority to require the owner or
custodian of a dog that is off leash in a voice restraint area to demonstrate
full compliance with behaviors described in the definition of voice restraint.
(Ord. 3310, 2005; Ord. 3071, 1998; Ord. 2831 §9, 1992; Ord. 2760 §9, 1990; Ord.
1959 (part), 1978; prior code §4‑45).
6.08.100
Animal Control Officer --Investigation power.
For the purpose of discharging the duties
imposed by this chapter and enforcing its provisions, the animal control
officer or any police officer is empowered to demand from the occupants of any
premises upon or in which a dog or other animal is kept or harbored the
exhibition of the dog or other animal or the license of the dog. The animal
control officer may make such demand at premises where any animal is kept in a
reportedly cruel or inhumane manner and examine the animal and take possession
of the same, when in his opinion, it requires humane treatment. If access is denied, the animal control
officer may apply to municipal court for a search warrant to enter the
premises. (Ord. 3310, 2005; Ord
3071, 1998; Ord. 2831 §10, 1992; Ord. 1959 (part), 1978; prior code §4‑46).
6.08.110 Animal control officer--Interference
unlawful. It
is unlawful for any person to hinder, detain, or interfere with or flee from an
animal control officer in the performance of any duty or power imposed on him
by this chapter, or to release, or attempt to release, any animal in the
custody of the animal control officer, except as provided in this chapter. (Ord. 3310, 2005; Ord.
3071, 1998; Ord. 2831 §11, 1992; Ord. 1959 (part), 1978; prior code §4‑47).
6.08.120 License agents. The city treasurer may appoint the animal
control officer as a license agent and may appoint additional license agents as
he or she may deem necessary or expedient. (Ord. 3310, 2005; Ord.
3071, 1998; Ord. 2831 §12, 1992; Ord. 2760 §10, 1990; Ord. 1959 (part), 1978;
prior code §4‑30).
6.08.130
Reimbursement of additional license agents. When
the city authorized additional agents for the purpose of issuing dog licenses,
the costs of licenses procured through such agent will be five dollars more
than the regular fee, the five dollars ($5.00) to be awarded to the agent for
the costs incurred in performing licensing duties. License agents will settle accounts with the
city periodically. (Ord. 3310, 2005; Ord. 3226, 2003; Ord. 3071, 1998; Ord.
2831 §13, 1992; Ord. 2760 §11, 1990; Ord. 1959 (part), 1978; prior code §4‑53).
6.08.140 Dogs at large. It
is unlawful for the owner, custodian, or keeper of any dog to knowingly,
purposely or by neglect allow such dog to be at large. However, while actually participating in dog
shows or instructional dog obedience training classes dogs may be temporarily
off of a leash as long as the dog’s owner or custodian is personally present
and able to effectively control the dog at all times. Any dog in a Designated Voice Restraint Area
and under voice restraint shall not be deemed at large. An animal control
officer may return a licensed dog to the custody of its owner in lieu of
impoundment, but all unlicensed dogs are subject to immediate impoundment. (Ord. 3310, 2005; Ord. 3226, 2003; Ord. 3071, 1998; Ord. 2831 §14,
1992; Ord. 2760 §12, 1990; Ord. 2022 §6, 1979; Ord. 1959 (part), 1978; prior
code §4‑35).
66.08.141
Designated Dogs Not Allowed Areas. It
shall be unlawful for the owner, custodian or keeper of any dog to allow a dog
in a Dogs Not Allowed Area. Any dog which has been duly and properly trained to
assist the blind, deaf, disabled or any governmental service dog may be in a
dogs not allowed area while acting in that capacity. (Ord. 3310, 2005; Ord.
3071, 1998)
6.08.142 Designated Voice Restraint
Areas.
It shall be unlawful for the owner, custodian or keeper of any dog to
fail to keep a dog on
leash or voice restraint in a Designated Voice Restraint Area except that a
sheep dog owned by a contractor of the City herding sheep may be out of sight
or more than 75 feet from the custodian when performing shepherding activities.
(Ord. 3310, 2005; Ord. 3071, 1998)
6.08.143 Dogs off leash. It is unlawful for the owner, custodian, or
keeper of any dog to knowingly, purposely or by neglect allow such dog to be
off leash. However, while actually
participating in dog shows or instructional dog obedience training classes dogs
may be temporarily off of a leash as long as the dog’s owner or custodian is
personally present and able to effectively control the dog at all times. Any dog in a Designated Voice Restraint Area
and under voice restraint shall not be deemed off leash. (Ord. 3310, 2005)
6.08.145
Animals barred from food service establishments. It is unlawful for the owner, custodian or
keeper of any animal except properly licensed assist dogs as described in
Section 6.08.040 to allow such animal within fifteen feet of any outdoor food
service establishment. (Ord. 3310, 2005; Ord. 3071, 1998;
Ord. 2831 §14.5, 1992).
6.08.150
Animal waste. The owner or custodian of an animal is
responsible for the immediate removal of any excreta deposited by his animal on
any public walk, park, boulevard, recreation area or other public right-of-way,
or any private property outside the owner’s or custodian’s own
property. The owner or custodian of an
animal is responsible for removal of excreta in a kennel and on the owners or
custodian’s property. (Ord. 3310, 2005; Ord. 3071, 1998; Ord.
2831 §15, 1992; Ord. 2022 §8, 1979; Ord. 1959 (part), 1978; prior code §4‑40).
6.08.160 Sterilization or neutering of
vicious or dangerous dogs or certain multiple offender nuisance dogs or animals.
A. If a dog is determined to be either a
dangerous or vicious dog by animal control officers or by a judge, it shall be
required to be sterilized or neutered at the expense of the dog owner within
thirty days. If an animal control officer determines that a dog is either
dangerous or vicious and orders the dog to be sterilized, the dog owner shall
be given a notice of right to appeal.
Dog owner has ten (10) days to appeal sterilization order to municipal
court. Order of sterilization shall be
stayed until appeal time has expired.
B. If an unaltered dog six months of age
or older has been impounded twice within a twelve-month period, the dog owner,
custodian, or guardian shall be required to purchase a spay/neuter certificate
when the dog is reclaimed. The owner, custodian, or guardian shall be required
to pay a minimum of $40.00 for purchase of the spay/neuter certificate that
shall expire within 30 days and is redeemable at a veterinarian of the dog
owners choice. Owner must pay any additional veterinarian fees accrued and all
other impound & board fees before the dog is released. If the unaltered dog is picked up for a third
impound within twelve months, or five times over the life of the dog, the
mandatory sterilization rule will be strictly enforced and the dog shall be transported by animal
control for spay or neuter to a veterinarian of the dog owner’s choice. The dog
owner shall be responsible for all veterinarian fees and shall pay all impound
fees before the dog will be released to the owner. In lieu of mandatory sterilization, the
owner may instead pay a
two hundred and fifty dollar ($250.00) fee in addition to all
other fees.
C. If a dog is deemed to be a nuisance
while in heat, under Section
6.08.010(P)(9) the dog may be required to be altered within
thirty days.
D.
Failure
to alter an animal that has been found in violation of this section shall be
deemed unlawful conduct and the responsible party shall be subject to a fine of
no less than $150.00. (Ord. 3310, 2005; Ord. 3226, 2003; Ord. 3071, 1998; Ord.
2831 §16, 1992; Ord. 2760 §13, 1990; Ord. 1959 (part), 1978; prior code §4‑43).
6.08.170 Investigation and disposition
of nuisance, nuisance barking, dangerous
or vicious dogs--Unlawful conduct.
A. Upon receipt of a complaint by one or
more persons setting forth the nature and the date of the alleged dangerous or
vicious dog act(s), the name of the owner of the animal, the address of the
owner, and the description of the animal doing such act(s), an animal control
officer shall investigate the complaint to determine if in fact the animal is a
potentially dangerous or vicious dog.
B. It shall be the responsibility and
duty of an animal control officer to conduct an investigation and determine if
a dog is a “dangerous dog” or a “vicious dog” within the provisions of this
chapter. Any determination that a dog is
either a “dangerous dog” or “vicious dog” shall be made in writing and a copy
of the written determination must be provided to the dog’s owner or
keeper. If the property on which the dog
is kept and where the violation occurred is not in compliance with the
provisions of this chapter pertaining to the keeping of “vicious” or
“dangerous” dogs, the animal control officer may instead issue an order
requiring that the property be brought into compliance with the provisions of
this chapter pertaining to the keeping of “vicious” or “dangerous” dogs within
fourteen days.
C. Upon receiving a complaint of possible
nuisance barking dog conduct at any given address within the city of Missoula,
Animal Control will respond and leave a notice of violation/warning and/or a
verbal warning with the dog owner or temporary owner and provide them with
written or oral information on how to correct the alleged nuisance barking dog
conduct. Complainant will be mailed a
Nuisance Barking Dog Conduct Log Form describing what information needs to be
collected in order to seek a possible citation being issued against the owner,
temporary owner or custodian should the notice of violation or warning not
correct the problem. Complainant is also
encouraged to talk with the dog(s) owner in an effort to work things out prior
to lodging a formal complaint.
Complainant and dog(s) owner will also be advised of possible mediation
remedies.
1. Upon receiving an accurately completed
Nuisance Barking Dog Conduct Log Form, along with complainant’s signature
indicating their willingness to testify in court as to the truthfulness of the
log, Animal Control will determine if the log reflects an accurate description
of a nuisance dog(s) in violation of this section. Citations may be issued in an effort to
correct the problem.
D. It is unlawful for the owner,
custodian, or keeper of any dog to allow the animal:
1.
To
engage in any nuisance dog conduct or behavior as defined in this section. Any such nuisance animal may be taken and
impounded by the animal control officer whenever a violation has occurred in
the animal control officer’s presence, or whenever a citizen has registered a
citizen complaint, that in the opinion of an animal control officer adequately
establishes probable cause. The Animal Control Officer shall charge the animal owner with a violation of
this section and if the dog continues to be a nuisance during the pendency of
that complaint or the urgency of the situation requires immediate action the
dog be impounded. Any person aggrieved
by an alleged nuisance animal may make application to the city attorney’s
office seeking to charge the animal’s owner with any alleged violations;
2.
For
a dog owner to cause, allow, permit, either willfully or by failure to exercise
due care to allow a dog to be a nuisance barking dog. EXCEPT:
that such sounds made at animal shelters, commercial kennels, and
veterinary hospitals shall be exempt.
a.
No
person shall be charged with violating this section unless any agent or
employee of the city or county gave a written warning to the owner(s) within
the past thirty days.
b.
No
person shall be convicted at trial of violating this section unless two or more
witnesses testify to the loud and persistent and habitual nature of the noise,
or unless there is other evidence corroborating the testimony of a single
witness on this element.
c.
A
person convicted of any violation of this section of the ordinance shall be
fined not to exceed $500.00 or imprisoned in the county jail for a term not to
exceed six months or both.
3.
To
engage in any dangerous dog conduct or behavior as defined herein. Any such dangerous animal may be taken in and
impounded by the animal control officer whenever a violation has occurred in
the animal control officer’s presence or whenever a citizen has registered a
citizen complaint, that in the opinion of an animal control officer adequately
establishes probable cause, charging the animal owner with a violation of this
section and after performing a thorough investigation the animal control
officer is of the opinion that the situation requires that the dog be impounded
to protect the safety and well being of humans or other animals;
4.
To
engage in any vicious dog conduct or behavior as defined herein. Any such vicious animal may be taken and
impounded by the animal control officer whenever a violation has occurred in
the animal control officer’s presence, or whenever a citizen has registered a
citizen complaint, that in the opinion of an animal control officer adequately
establishes probable cause, charging the animal owner with a violation of this
section and after performing a thorough investigation the animal control
officer is of the opinion that the situation requires that the dog be impounded
to protect the safety and well being of humans or other animals.
E. It is unlawful:
1.
For
the owner, custodian, or keeper of a nuisance dog not to take necessary steps
required to correct
the nuisance conduct or behaviors.
2.
For
the owner, custodian or keeper of a dangerous dog to have the animal on their
own property without taking the following steps:
a.
Securing
the dog from the public, which includes but is not limited to persons that have
access to that property such as mail carriers, meter readers, etc., by
confining the dog in a securely locked, fenced yard that will prevent the entry
of the general public and to preclude any release or escape of the dangerous
dog and is adequate to confine all dogs living or staying on the premises;
b.
Warning
the public about the presence of the dangerous dog by posting visible legible
signage on and around the property reading either “dangerous dog” or “beware of
dog”.
3.
For
the owner, custodian, or keeper of a vicious dog to:
a.
Have
the animal on their property without securing the dog from public contact by
keeping the dog in a confined kennel approved by the animal control officer
that includes a secure roof and sides that shall be securely locked to prevent
the entry of the general public and to preclude any release or escape of the
vicious dog;
b.
Have
the animal on their property without warning the public about the presence of
the vicious dog by posting visible legible signage on and around the kennel
reading either “vicious dog” or “beware of dog”;
c.
Have
the animal off their property unless the dog is securely muzzled and adequately
restrained on a leash;
d.
Have,
possess, or own the animal unless they are at all times able to produce
evidence of liability insurance in an amount not less than twenty-five thousand
dollars covering any damage or injury that may be caused by such vicious dog
during the period for which the dog is within the city, and the liability
insurance policy shall contain a provision requiring the municipality to be
named as an additional insured for the sole purpose of being notified by the
insurance company of any cancellation, termination or expiration of the
liability insurance for the vicious dog. (Ord. 3310, 2005; Ord. 3226, 2003;Ord. 3071, 1998; Ord. 2831 §17, 1992; Ord. 2760 §14, 1990;
Ord. 2401 §1, 1985; Ord. 2022 §8, 1979; Ord. 1959 (part), 1978; prior code §4‑44).
6.08.180 Animal bites and rabies
control--Generally.
A. If any dog or animal bites any person
in the city, and the bite punctures the victim’s skin, such dog or animal bit
shall be reported within twenty-four hours to 911 or an animal control officer
by the animal’s owner, keeper, or custodian, and/or the victim, his parents or
guardian. Failure to do so shall be
deemed unlawful conduct.
B. Whenever it is reported to an animal
control officer that any dog or other animal has bitten a person; puncturing
their skin and it cannot be proven that the animal has a current rabies
vaccination, the animal control officer may issue an order requiring that the
owner, custodian, or keeper of such dog, cat or other animal to immediately
surrender the same to a licensed veterinarian or animal control shelter to be
quarantined. The owner, keeper or
custodian shall be responsible for the cost of the quarantine regardless of
whether or not the animal is reclaimed at the end of the quarantine
period. If it can be proved that the
animal has a current rabies vaccination, the owner, custodian or keeper of the
animal may either surrender the same to a licensed veterinarian, the city
animal control shelter for quarantine, or himself keep the dog, cat, or animal
quarantined in an adequate locked secure enclosure approved by the animal
control officer subject to daily animal officer inspections.
C. All quarantine periods pursuant to
this section shall be for a time period of at least ten calendar days from the
date of the bite. The quarantine order
may be served by the animal control officer or any law enforcement officer and,
if the owner cannot be found at his place of residence, an order may be served
by leaving it with a person of suitable age and discretion at, or by placing it
in a prominent place at the front door of the building or residence. In such instances the animal control officer
may also immediately impound the dog or other animal for quarantine purposes in
the public interest for public health, safety and welfare reasons.
D. If any animal dies during the
quarantine period, for any reason whatsoever, the animal control officer shall
have the head of such animal sent to a diagnostic laboratory for rabies testing
at the owner’s expense.
E. It is unlawful for any person to
refuse or neglect to surrender any such biting animal when requested to do so
by an animal control officer. In the
event that the owner is unknown or not available upon the making of such
affidavit, the animal control officer or any law enforcement officer may seize
and impound the animal without notice.
F. Any dog or other animal may be put to
death by order of the animal control supervisor twenty-four hours after the end
of the quarantine period if the owner fails to reclaim the animal at that time.
G. It is unlawful to keep, harbor or
otherwise maintain any type of wild animal within the city limits; unless it is
acquired by an educational institution for scientific research, is being
detained by a qualified governmental agency, or is being kept by a person or
persons possessing a wildlife rehabilitation permit for the purpose of short
term rehabilitation.
H.
Due
to the high rabies risk associated with wild animal bites, the fact that wild
animals cannot be effectively quarantined, and the fact that wild animals are
illegal within the city limits, any owned wild animal that bites and breaks the
skin of a human or animal may be ordered by the city/county health officer to
be destroyed and tested for rabies. (Ord. 3310, 2005; Ord. 3071, 1998; Ord.
2831 §18, 1992; Ord. 2760 §15, 1990; Ord. 1959 (part), 1978; prior code §4‑48).
6.08.190
Freeing confined animals.
It is
unlawful for any person to open gates or doors or otherwise cause or permit
animals to escape confinement against the wishes of the owner, custodian, or
keeper. (Ord. 3310, 2005; Ord. 3071, 1998; Ord. 2831 §19,
1992; Ord. 2760 §16, 1990; Ord. 1959 (part), 1978; prior code §4‑50).
6.08.200 Provoking animals. It
is unlawful for any person to tease, abuse, assault, or in any way disturb a
dog or other animal with the intent to cause it to bark or attack any person. (Ord. 3310, 2005; Ord. 3071, 1998; Ord. 2831 §20, 1992; Ord. 2760
§17, 1990; Ord. 1959 (part), 1978; prior code §4‑51).
A. A person commits the offense of
cruelty to animals if that person knowingly, negligently or purposely subjects
an animal to mistreatment or neglect by:
1.
Overworking,
beating, tormenting, injuring, or killing any animal; or
2.
Carrying
or confining any animal in a cruel manner; or
3.
Failing
to provide an animal in the person’s custody with proper food, drink, or
shelter; or
4.
Failing
to provide an animal in the person’s custody with in cases of immediate,
obvious, serious illness or injury, licensed veterinary or other appropriate
medical care; or
5.
Abandoning
any helpless animal or abandoning any animal on any highway, railroad, or in
any other place where it may suffer injury, hunger, or exposure or become a
public charge; or
6.
Laying
our or exposing any poison for the purpose of killing, sickening, or crippling
any dog, cat, domestic pet or livestock, or aiding and abetting any person
doing so;
7.
Promoting,
sponsoring, conducting, or participating in an animal race of more than 2
miles, except a sanctioned endurance race.
8.
Exposing
any animal to leg hold traps or snares.
B.
If, after performing an investigation, the animal control officer feels
that an animal is being subjected to any one of these violations, the officer
shall have the power to immediately impound the animal to ensure that it
receives proper care and/or veterinary attention at the owner’s expense. (Ord.
3310, 2005; Ord. 3226, 2003; Ord. 3071, 1998; Ord. 2831 §21, 1992; Ord. 2760
§18, 1990; Ord. 1959 (part), 1978; prior code §4‑49).
6.08.220 Animal exposed to rabies.
A. Any domestic animal that is bitten or
scratched by a wild animal known to be a potential rabies virus carrier, and
the victim’s skin is punctured, will be regarded as having been exposed to
rabies unless the scratching or biting animal is proven rabies free by
diagnostic testing. All such exposures
shall be reported to animal control or health department personnel immediately.
B. If exposed to a rabid animal, animals
that are not vaccinated with a rabies vaccine that is approved for the species
should be immediately destroyed. If the
owner is unwilling to have such animal destroyed, the unvaccinated animal must
be placed in strict quarantine for six months in a secure place designated by
an animal control officer and vaccinated one month before release.
C.
If exposed to a rabid animal, animals vaccinated with a vaccine that is
approved for that species
must be revaccinated immediately, leashed, tethered, or penned,
and confined on the owner’s property in such a manner as to be kept away from
unnecessary contact with other animals and humans for ninety days. Said animal shall be destroyed if the owner
does not comply with the provisions of this section. (Ord. 3310, 2005; Ord.
3071, 1998; Ord. 2831 §22, 1992; Ord. 2760 §19, 1990; Ord. 2401 §2, 1985; Ord.
1959 (part), 1978: prior code §4‑41).
6.08.230
Emergency rabies control. Upon the positive
diagnosis of a rabies infection in any animal in the city, the health officer
may call an emergency. At that time the
city/county health officer may call for a quarantine order on either a specific
species, or all animals living or staying within his/her jurisdiction; causing
any person owning, keeping, maintaining or harboring such animals to confine
the animals in any manner the health officer deems necessary. Further, the health officer may take action
providing for the summary destruction of all animals known to have been exposed
to rabies, and of all animals unconfined, and of all animals not lawfully
immunized against rabies, or may make such other orders as the health officer
deems necessary or expedient for the protection of public health. (Ord. 3310, 2005; Ord. 3071,
1998; Ord. 2831 §23, 1992; Ord. 2760 §20, 1990; Ord. 1959 (part), 1978: prior
code §4‑42).
6.08.240
Citation--Animal impoundment. A citation may be
issued to the owner, custodian or keeper of a dog for failure to comply with
any applicable section of this chapter.
If the owner, custodian, or keeper cannot be determined or found, the
animal may be taken to the city-county animal control shelter. The shelter staff shall keep a complete
register of every dog or other animal impounded, showing time and place of
capture, breed, color, sex and distinguishing marks, and if licensed or
otherwise identified, the information on the license
or identification tag. Male dogs will be
impounded in separate kennels from females; if at all possible. All dogs will be impounded in separate
kennels to prevent injury and the spread of disease. (Ord.
3310, 2005; Ord. 3071, 1998; Ord. 2831 §24, 1992; Ord. 2760 §21, 1990; Ord.
1959 (part), 1978: prior code §4‑36).
6.08.250 Disposition
of impounded animals.
A. If any dog or other animal is
impounded, the owner or temporary owner/custodian shall redeem the same within
ninety-six hours excluding weekends and holidays or it shall be subject to
disposal by an animal control officer as provided in this section. If such impounded animal has a license or
other form of identification, the animal control shelter will attempt by at
least three phone calls to contact the owner.
If the dog carries a designation as a dog to aid the hearing or visually
impaired, together with a phone number or address of the owner, an animal
control officer will make an attempt to immediately return the animal. The owner or custodian of any impounded
animal may redeem it within such period of time by paying the assessed fee, plus fifteen dollars
($15.00) for the first twenty-four (24) hour period or any portion thereof and
five dollars ($5.00) for each subsequent twenty-four (24) hour period or any
portion thereof that the animal is kept in the animal shelter. Further, an animal may not be released to its
owner or custodian until the kennel impoundment charge established in this
section is paid in full.
The kennel impoundment charges shall
be
Within any 12
Month Period Licensed Dog Unlicensed
Dog
1st Impoundment $ 25.00 $ 50.00
2nd Impoundment $ 50.00 $ 85.00
3rd Impoundment $ 100.00 $
100.00
4th Impoundment $ 125.00 $
125.00
Impoundment:
Cats
and other small animals: 25.00 each time
the animal is impounded plus board
at $15.00 for the first twenty-four
hours and $5.00 dollars for each additional twenty-four hour period
thereafter.
B. Any impounded animal without a
license; may be redeemed only by the owner after he or she has purchased a
license in addition to paying the other fees as prescribed in this
section. The animal control officer may
issue tickets to the person redeeming an impounded animal for violation of any
provision of this chapter and may file a complaint in municipal court.
C. The owner of an impounded animal shall
be held responsible for the payment of any fees charged or fines imposed as a
result of the impoundment, whether or not the owner reclaims the animal.
D. If an impounded animal is not redeemed
by the owner within the prescribed time limit, the owner thereof forfeits all
right, title, and interest therein, and the animal control staff shall offer
the animal for adoption to the public.
Such public adoptions shall be held five days per week, Monday through
Friday during the normal shelter hours.
The cost of adopting an animal shall be no less than, twenty-five dollars, plus a rabies
inoculation fee of no less than ten dollars if the dog, cat or ferret does not
have a current rabies vaccination, plus a spay/neuter certificate fee as
required by M.C.A. 7-23-4202 of no less than twenty dollars for cats and
ferrets and no less than forty dollars for dogs. All dogs, cats or ferrets adopted from the
animal shelter must be spayed or neutered within thirty days of the adoption,
or when they reach the proper age, or the department will reclaim the
animal. The animal control staff has the
right to refuse the adoption of any animal to anyone. After paying all necessary fees, signing the
adoption contract, and procuring a license for the animal, the purchaser shall
receive a certificate of adoption which confers title and ownership to that
animal free of all claims and interest of the previous owner.
1.
Animal
control reserves the right to refuse adoption to any person or person(s).
E. If an animal is not returned to its
owner or adopted from the shelter it will be euthanized in a humane manner by
an animal control officer or a licensed veterinarian. No animal known to be suffering from an
infectious disease will be released unless the city/county health officer shall
so order.
F.
If an
owner of an impounded animal comes forward but refuses to reclaim his/her
animal, the owner shall be required to pay a $25.00 surrender fee (per animal)
and sign a release agreement so as said animal can be offered for adoption or
euthanized prior to the prescribed time limit.
This fee may be waived by animal control if they determine it is in the
best interest of the
animal. (Ord. 3310, 2005; Ord. 3226, 2003; Ord. 3071, 1998; Ord.
2848 §2, 1993; Ord. 2831 §25, 1992; Ord. 2760 §22, 1990; Ord. 2741 §3, 1990;
Ord. 2600 §4, 1988; Ord. 2506 §4, 1986; Ord. 2402 §4, 1985; Ord. 1959 (part),
1978: prior code §4‑37).
6.08.260 Animals given to humane
society. Any animal given
to the humane society as an alternative to destruction, shall be given free of
charge. (Ord. 3310, 2005; Ord. 3071, 1998; Ord. 2831 §26,
1992; Ord. 2790 §23, 1990; Ord. 1959 (part), 1978; prior code §4‑38).
6.08.270 Penalty--Fines. Each day an offense exists shall constitute a
separate offense pursuant to this chapter.
The city of Missoula Municipal Court judge shall assess animal violation
fines as set forth in this section. The court may not suspend or defer
imposition of any penalty provided by this section.
A.
Any
person that is found guilty of a violation of Section 6.08.110 or 6.08.210
shall be fined from (One
hundred dollars ($100.00) up to five hundred dollars ($500.00).
B.
Any
violation of Section 6.08.140 Dogs at large or Section 6.08.141 Dogs off
leash shall carry the following fines:
Offense Fine
1st $25.00 plus court costs
2nd $50.00 plus court costs
3rd $200.00 plus court costs
4th $275.00 plus court costs
C.
An
owner, custodian, or keeper of an animal who is found guilty of a first offense
of any other violation of the ordinance shall be fined an amount not less than
twenty-five dollars; plus an increment of twenty-five dollars for each
additional offense. (Ord. 3310, 2005; Ord.
3226, 2003; Ord 3071, 1998; Ord. 2831 §27, 1992; Ord.
2760 §24, 1990; Ord. 2402 §5, 1985; Ord. 2022 §7, 1979; Ord. 1959 (part), 1978:
prior code §4‑39).
ARTICLE II. PET SHOPS
6.08.410 Definitions. Whenever any word defined in this
section is used in this article, that word shall have the definitional meaning set forth in this
section:
A. "Animal" means any species of a
nonhuman animate being which is endowed with the power of voluntary motion that
is sold, exchanged or retained for the purpose of being kept or domesticated as
a household pet/companion animal. As use above, "pet animals"
includes, but is not limited to: dogs, cats, monkeys and other primates, birds,
rabbits, ferrets, guinea pigs, hamsters, rats, mice, reptiles, amphibians,
fish and other vertebrate animals.
A.
"Animal
control officer" means all peace officers as that term is defined in state
law, as well as all duly appointed animal control officers and animal control
supervisors appointed by either the city or county to carry out and enforce
each entity's respective animal control ordinances.
C. "Compatible" means animals that are
capable of existing together in harmony.
D. "Humane disposition" means the
humane destruction of an animal by a person that has been properly trained
and/or certified by a doctor of veterinary medicine in appropriate methods of
euthanasia for each species to be destroyed, and is accomplished by a method
that is consistent with American Veterinary Medical Association recommendations
in producing instantaneous, unconsciousness and immediate death without visible
evidence of pain or distress, or a method that utilizes an anesthesia produced
by an agent which causes painless loss of consciousness, and death following
such loss of consciousness.
E. "NIH" means National Institute of
Health.
F. "Pet shop" means any business, firm
or corporation who keeps, handles, breeds, sells, offers for sale or exchanges
pet animals for the purpose of wholesale or retail sale.
G. "Postural movements" means to be
able to turn about freely, and to easily stand, stretch, sit and lie in a
comfortable normal position.
H. "Puppies and kittens," for the
purpose of this article, means an animal less than six months old.
I. "Quarantine," for the purpose of
this article, means contained in strict isolation in a room separate from other
healthy animals on account of suspicion by the store's owner, manager or
veterinarian of contagion of communicable disease. Isolation shall be required
so that contact between the confined animal and other animals or members of the
public is restricted and so that it can be under observation by the store
owner, manager or another qualified person.
J. "USDA" means United States
Department of Agriculture.
K. "Vicious," as used in this article,
means behavior in which an animal bites or attempts to bite any human being
without provocation or which harasses or aggressively chases, bites or attempts
to bite any other animal without provocation. (Ord. 3226,
2003; Ord. 2830 §1, 1992; Ord. 2636 §1, 1988).
6.08.420 Housing standards for animals kept at pet
shops.
The following housing standards are established for the keeping of animals at
pet shops. It is unlawful for any owner or manager of a pet shop to house
animals in conditions that do not comply with the provisions of this section.
A. Space. Enclosures shall be constructed to
provide sufficient space to allow each pet animal to exercise normal postural
movements. Adequate space shall be provided to prevent crowding and to allow
freedom of postural movement and comfort to all animals. An enclosure is
overcrowded unless its area is at least the square of the following sum for
each animal confined therein; the sum of the length of the animal in inches
(tip of nose to base of tail) plus six inches with the following exceptions:
Minimum Floor
Space Per
Animal
(in square
inches)
Guinea
pig Weaning to 350 g 60
350 g or more 101
Breeders 180
Hamsters/
gerbils Less
than 60 g 10
60 to 80 g 13
80 to 100 g 16
greater than 100 g 19
Rabbits
Groups Less than 2 kg 144
2 to 4 kg 288
greater than 4 kg 432
Individual Less than 2 kg 216
2 to 4 kg 432
4 to 5.4 kg 576
greater than 5.4
kg 1080
Nursing
females Less
than 2 kg 576
2 to 4 kg 720
4 to 5.4 kg 864
greater than 5.4
kg 1080
Ferrets weaning to 350 g 60
350 g to 1.4 kg 101
greater than 1.4
kg 216
Mice Less than 10 g 6
10 to 15 g 8
15 to 25 g 12
greater than 25 g 15
Rats Less than 100 g 17
100 to 200 g 23
200 to 300 g 29
300 to 400 g 40
400 to 500 g 60
greater than 500 g 70
Birds. All
enclosures used for holding birds shall be of metal or nonabsorbent
construction, readily cleanable, and elevated at a distance of not less than
twelve inches from the floor, except that full flight cages may be less than
twelve inches from the floor, if the enclosure is located so it is not subject
to drafts or sudden changes in ambient temperature. Each enclosure shall
contain adequate numbers of perches for every bird confined therein, except
that perches will not be required in cages housing species of ground‑dwelling birds, or other species where the use
of perches would be detrimental to the bird's well‑being.
Any
animal not specified in this article, but that is listed in either the National
Institute of Health (NIH) or United States Department of Agriculture (USDA)
standards shall be housed in an enclosure with space requirements that equal or
exceed the NIH or USDA standards. The minimum space requirements required by
this article shall be that the minimum space will meet or exceed the above‑mentioned
minimum standard of either NIH or USDA that allows for the largest space
allotment per animal.
All
enclosures shall be of sufficient height to permit every animal confined
therein to stand and stretch normally to its full height and to turn.
Reptiles,
amphibians and fish are excluded from this provision.
B. Enclosures shall be structurally sound and
maintained in good repair to protect the animals from injury, to contain them
and to keep predators out. Enclosures shall provide the animals contained
within them adequate ventilation to avoid any discomfort associated with lack
of proper air circulation. They shall be constructed of a nonabsorbent,
nonporous material and, with the exception of enclosures housing fish and other
animals that require being kept in water, maintained to enable the animals to
remain dry and clean, and to provide convenient access to clean food and water.
Enclosures shall be constructed of materials that do not have a toxic or
deleterious effect on the animals that are kept in them. Enclosures having
woven or wire mesh floors may be used to confine or display animals; provided,
that they are constructed in a manner that protects the animal's feet and legs
from injury, and do not allow the animal's feet to pass through any openings in
the floor. If the floor of the primary enclosure is constructed of woven or
wire mesh, a solid nonporous resting surface or surfaces that, in the
aggregate, are large enough to hold all the occupants of the primary enclosure
at the same time comfortably must be provided.
C. All animals housed in the same enclosure
shall be maintained in a manner so that each animal is compatible with the
other animals, with the following additional restrictions:
1. Females
in season (estrus) shall not be housed in the same enclosure with males, except
for intentional breeding purposes.
2.
Any animal exhibiting a vicious disposition shall be housed individually
in a separate enclosure.
3.
Puppies or kittens shall not be housed in the same enclosure with adult
dogs or cats other than their dams.
4.
Dogs shall not be housed in the same enclosure with cats, nor shall dogs
or cats be housed in the same enclosure with any other species of animals.
5.
Animals and birds shall be housed in such a manner as to minimize the
transference of the animal or bird's feces, or other deleterious material into
the cage or housing unit of another animal or bird. The intent of such a
housing configuration is to help minimize the spread of contagious disease.
6.
Except where rodent harem breeding is practiced, preweanling
animals shall not be housed in the same enclosure with adults other than their
parents.
7.
Guinea pigs shall not be housed in the same enclosure with hamsters, nor
shall guinea pigs or hamsters be housed in the same enclosure with any other
species of animals.
8.
The breeding of dogs and cats will not be allowed on pet shop premises
unless such breeding is done in an area in which the public does not have
access and is not within the public's view.
D. Accessories such as toys, aquarium gravel,
etc., that have a toxic or deleterious effect on animals shall not be used in
any enclosure intended for housing animals.
E. Ventilation. Indoor housing facilities shall
be adequately ventilated by natural or mechanical means to provide for the
health and to prevent discomfort of the animals at all times. Such facilities
shall be provided with fresh air either by means of windows, doors, vents, fans
or air conditioning, and shall be ventilated so as to minimize drafts, odors
and moisture condensation.
F. Temperature. Housing for pet animals shall be
sufficiently heated or cooled, when necessary, to protect pet animals from cold
or overheating, and to provide for their health and comfort. Species that have
special temperature requirements shall have those requirements met. The
maximum ambient temperature for animals shall be at eighty‑five
degrees Fahrenheit. Temperature of rooms where birds are housed shall be
maintained at a temperature adequate for the species, but no less than sixty‑five degrees Fahrenheit.
G. Waste Disposal. Provisions shall be made for
the removal and disposal of animal and food wastes, bedding, dead animals and
debris in accordance with local garbage disposal laws. Disposal facilities
shall be so provided and operated as to minimize vermin infestation, odors and
disease hazards.
H. Lighting. Indoor housing facilities for all
animals shall have ample light, by natural or artificial means, or both, of
good quality and well distributed. Such lighting shall provide uniformly
distributed illumination of sufficient light intensity to permit routine
inspection and cleaning during the entire working period. Enclosures shall be
so placed as to protect the animals from excessive illumination. (Ord. 2830 §2, 1992; Ord. 2636 §2, 1988).
6.08.430 Animal care standards for animals kept at pet
shops.
The following
minimum animal care standards are established for the keeping of animals at pet
shops. It is unlawful for any owner, manager or employee of a pet shop to fail
to care for animals in a manner that at minimum complies with the provisions of
this section:
A. Sanitation.
1.
Enclosures. Animal wastes shall be removed daily from enclosures that do
not utilize bedding or more often if necessary to prevent contamination of the
pet animals contained therein, and to reduce disease hazards and odors. For
routine maintenance of enclosures which utilize bedding such as, but not
limited to, those housing rats, mice, gerbils and hamsters, bedding shall be
changed one to three times per week and more often if necessary to prevent
contamination of the pet animals contained therein and to reduce disease
hazards and odors. Enclosures for fish, reptiles, amphibians and insects shall
be cleaned as needed. Enclosures shall be cleaned as often as necessary to
maintain sanitary conditions by washing all surfaces with a detergent solution followed
by a safe and efficient sanitizer.
2.
Bedding. There shall be sufficient clean, dry bedding to meet the needs
of each individual animal.
3.
Equipment. Water and food containers and all other utensils shall be
cleaned and sanitized when dirty; provided, however, that such containers shall
be sanitized at least once every week.
4.
Enclosures, water and food containers, accessories, and all other
utensils shall be cleaned and sanitized prior to being used with new animals.
5. Additional Requirements for
Enclosures Housing Cats. All enclosures shall have provided a receptacle
containing sufficient clean litter to contain excreta. Enclosures having wire
mesh floors shall have a raised resting board of at least twenty‑five
percent of the floor space, and of sufficient size to comfortably hold all of
the occupants of the enclosure.
6. Pest
Control. An effective program for the control of insects, ectoparasites
and avian and mammalian pests shall be established and maintained whenever
necessary to maintain adequate health standards.
7.
Animals such as, but not limited to, rats and mice which are intended
for food for other species of animals shall be cared for in accordance with
this article until the time they are placed in the enclosure with the animal
being fed. Any animal that has not been killed or eaten within thirty minutes
shall be removed from the enclosure. If injured, it shall be given veterinary
treatment or humanely disposed of. At no time are dogs, cats, kittens or
puppies to be used as food for any species of animals. The feeding of live
animals to other animals will not be allowed during business hours unless it is
done in a place out of the public's view.
B. Exercise. Animals that require daily
exercise, such as dogs or cats, should be taken from enclosures and allowed to
exercise on a daily basis, unless the enclosures are of sufficient size to
permit exercise.
C. Food and Water. All animals requiring the
daily intake of food shall be fed at least once every twenty‑four‑hour
period, including Sundays and holidays, unless under special veterinary care.
The food shall be free from contamination, shall be palatable, and of sufficient
quality and nutritive value to meet the normal daily requirements for the
condition, size, age and species of the animal. Potable water that is free of
harmful contaminants or debris shall be available to pet animals at all times,
except when under special veterinary care. Self‑feeders
may be used for the feeding of dry food, and they shall be sanitized regularly
to prevent molding, deterioration or caking of feed.
D. Disease Prevention.
1.
Immunizations. Dogs shall be properly immunized for distemper, parainfluenza, parvovirus, hepatitis and leptospirosis as is appropriate with the age of the animal
based upon normal veterinary recommendation. Cats shall be immunized for feline
distemper (panleukopenia), calici
virus, and rhinotracheitis as is appropriate with the
age of the animal based upon normal veterinary recommendation. Ferrets shall
be immunized for canine distemper as is appropriate with the age of the animal
based upon normal veterinary recommendation. Any animal (i.e., dogs, cats and
ferrets) over the age of four months that has a rabies vaccine approved for its
species shall be vaccinated for rabies prior to being sold. Rabies vaccinations
must be administered no later than five days after the animal is acquired by
the store.
2.
Veterinary Care. Programs of disease control and prevention, euthanasia
and adequate veterinary care shall be established and maintained. Whenever an
animal demonstrates any symptom of disease, illness or injury, the store's
owner or manager shall provide proper care and attention in accordance with the
recommendation of a doctor of veterinary medicine. Proper care and veterinary
attention shall also be provided for birds, reptiles, amphibians and other
exotic species to meet their unique needs and demands. In addition, should it
become necessary, the store's owner or manager will insure the humane
disposition of any animal owned or retained by the pet store.
3.
Quarantine/Sick Animal Care. All animals shall be observed daily by the
animal caretaker in charge, or by a qualified person under his/her direct
supervision. Sick or diseased, injured, lame or blind animals shall be provided
with veterinary care or humanely disposed of unless such action affects
compliance with any state or local law requiring the holding for a specified
period, of animals suspected of being diseased. Pet animals under quarantine or
treatment of a communicable disease shall be removed from the area housing
other susceptible animals to minimize dissemination of disease. Any animal
which exhibits symptoms of disease or illness shall be separated to the
greatest extent possible from other healthy animals. No animal which is known
to have, or may reasonably be suspected of having, a disease contagious or
communicable to humans may be offered for sale by any pet shop. To minimize the
risk of spreading disease back into the store's showroom, any food or equipment
used or stored in the quarantine facility should be strictly limited to that
area unless it has been properly disinfected and sanitized prior to use
elsewhere.
4.
Adequate hand washing facilities shall be provided, and employees shall
be required to wash their hands with a germicidal agent before and after
handling any sick animals. Signs requiring hand washing shall be visibly posted
in the quarantine area.
5.
Dogs and cats under eight weeks of age shall not be displayed or offered
for sale.
E. General Storage. Supplies of food and bedding
shall be stored off the floor or in waterproof closed containers and, in either
case, adequately protected against infestation or contamination by vermin. If
grooming services are offered by the pet shop, the grooming facility shall be
separated from storage of animal food and from enclosures for sick animals.
Refrigeration shall be provided for supplies of perishable food, vaccines, and
when necessary, for medication.
F. Recordkeeping. Every pet shop shall keep a
permanent record and inventory of all warm‑blooded
animal acquisitions, excluding rodents, under its control. Each permanent
record shall reflect a description of a specific warm-blooded animal, date of
arrival at the pet store, point of its origin, proof of a rabies vaccination,
list of other inoculations, any illnesses or injuries, and its disposition
including date of sale/transfer to a consumer, and name and address of the
consumer. A copy of this record shall be provided to each purchaser at the time
of purchase or transfer of ownership. Records shall be kept in a manner that
allows all information about an animal to be traced by its purchaser's name. A
rabies certificate, issued by a licensed veterinarian, shall constitute proof of
a rabies vaccination. Death records shall state the species of the deceased
animal, the date and cause of death if known, and if it was euthanized, the
name of the person performing the euthanasia and the method that was used. Such
records shall be kept by the pet shop operator for one year from the date of
the transaction, and must be kept on the premises for at least ninety days. All
records shall be open to inspection by the animal control officer at all
reasonable times.
G. Employees. A sufficient number of trained,
qualified employees shall be utilized to maintain the prescribed level of care
and maintenance set forth in this article. Such practices shall be under the
supervision of an animal caretaker who has adequate knowledge of the needs of
each species cared for. A copy of this article shall be given to all employees
at the time of employment, and a copy shall be available to the public if
requested.
H. Instructional Material. Printed information
on the care and maintenance of an animal's species shall be available for every
animal that is sold or exchanged in the pet store. Signs stating the
availability of this information shall be visibly posted at each sales
counter. (Ord. 3226, 2003; Ord. 2830 §3, 1992; Ord. 2636 §3,
1988).
6.08.440 Inspections.
All pet shops
located within the jurisdiction of this chapter shall have an unannounced
inspection by an animal control officer at least once per year and upon
investigating a complaint concerning the provisions of this chapter. Whenever
an animal control officer visits a pet shop as a result of a complaint, a
physical copy of the officer's findings will be provided to the pet shop owner
or manager, regardless of whether or not a violation was found. (Ord. 2830 §4, 1992; Ord. 2636 §4, 1988).
6.08.450 Penalty‑‑Fines. An owner or manager of a pet shop found guilty of a
first offense of this chapter shall be fined an amount not less than fifty
dollars. The fine for subsequent offenses within a one‑year time period after a prior conviction shall
be not less than one hundred dollars, plus an increment of no less than twenty‑five dollars for each additional offense
occurring during any one‑year time period. A
fine shall not exceed a maximum of five hundred dollars and/or six months in
jail. A pet shop owner or manager shall be deemed to be the party responsible
for any violation of this chapter occurring at his/her premises and shall be
absolutely liable for any offense actually proven without the necessity of
proving any mental state or intent to commit the offense. Each violation of
this chapter shall be considered a separate offense. (Ord.
2830 §5, 1992; Ord. 2636 §5, 1988).
MISSOULA CAT ORDINANCE
Sections:
6.09.050 Investigation
and complaints
6.09.060 Citations,
Orders and Impoundment
6.09.010 Purpose. The
purpose of this ordinance is to encourage responsible pet ownership. Requiring
the spay and neuter of cats is intended
to reduce the feline birth rate thereby reducing the number of unwanted and
homeless cats and the number of cats that must be euthanized at animal shelters. (Ord. 3185, 2001)
6.09.020 Definitions.
As used in this chapter unless the context otherwise indicates, the
following terms shall have the meaning ascribed to each:
A. “Altered” means any
animal that has been spayed or neutered.
B.
“Animal
Shelter" means an animal shelter
operated by city or county government or a shelter operated by a non-profit
organization organized to benefit animals under section 501, C, 3 of the
Federal Internal Revenue Code.
C.
“Breeder’s
License” means a license issued to an
owner of cats that are kept for the purpose of breeding or of cats which are allowed to
reproduce.
D.
“Cat” means
any commonly domesticated feline animal and includes both the male and female
sex of the species.
E.
“Free
Roaming” means any cat that is not restrained and is off of the property of the
owner.
F.
“Nuisance
Cat” means any cat that is free roaming and is not altered.
G. “Owner” means an adult person or temporary or
permanent custodian possessing, harboring, keeping, feeding, sheltering or
having control or custody of a cat or any person having any financial interest,
right, or property in the cat and also includes any person who knowingly
permits a cat(s) to remain on or about any premises occupied by that person.
(Ord. 3185, 2001)
A. It is unlawful to be the owner of a nuisance cat(s).
B. It is unlawful for any person to feed a stray
or homeless cat(s) without taking full
responsibility for the cat(s) by providing the cat(s) with continued
humane treatment which shall include proper food, water, shelter, veterinarian care, rabies vaccination, and
altering the cat(s). It is not unlawful
for a person to feed a stray or homeless cat while using a humane trap or to
sustain a cat for transport to a shelter
during those periods of time when local
animal shelters are closed to receiving animals from the public.
C. It is unlawful for any owner to own a pair of cats of opposite sex
of breeding age (six months of age or older) without one or both of the cats
being altered even if the cat(s) are not free roaming. Animal shelters are required to comply with
M.C.A. 7-23-4202.
D. It is unlawful for any person to offer for
sale or for free any cat(s) without the
cat(s) being altered, with the exception of licensed cat breeders, veterinarian
clinics, pet stores with a current city business license and animal
shelters. Animal shelters are required
to comply with M.C.A. 7-23-4202.
E. It is unlawful for a person to own a breeding cat(s)
without a valid breeder’s license. (Ord.
3185, 2001)
A. A breeder’s license will be issued upon
presentation of current rabies certificates for all cats four months and older
to be included on the license and after successfully passing a facility
inspection by an Animal Control Officer indicating full compliance with part C
of this section.
Breeder’s
License Annual Fee - $ 50.00
B.
All licensed cat breeders and
breeder’s license applicants located within the city of Missoula
shall have an inspection of their facility by an Animal Control Officer. An
animal breeder shall allow inspection of the facility by an officer during any
reasonable time of day. Whenever an
Animal Control Officer visits a breeder’s facility as a result of a complaint,
a physical copy of the officer’s findings will be provided to the owner.
C.
All owners applying for or possessing a City of Missoula breeder’s license
shall provide all cats in their care with the following:
1. Proper food, water, vaccinations,
shelter and any needed veterinary care.
2. If
cat(s) are kept in enclosures, enclosures shall be constructed to provide
sufficient space to allow each animal to exercise normal postural
movements. Enclosures shall be
structurally sound and maintained in good repair to protect the animals from
injury. Enclosures shall provide the
animal contained within them adequate ventilation to avoid any discomfort
associated with lack of proper air circulation.
3. Kittens
shall not be housed in the same enclosure with adult cats other than their
nursing queen.
4. Indoor
housing facilities shall be adequately ventilated by natural or mechanical
means to provide for the health and to prevent discomfort of the animals at all
times. Facility shall have ample light,
by natural or artificial means, or both, of good quality and well distributed.
5. Housing
for the animals shall be sufficiently heated or cooled when necessary to
protect the animals from cold or overheating, and to provide for their health
and comfort.
6. Enclosures shall be
cleaned as often as needed to maintain sanitary & healthy conditions for
the animals.
7. Animals shall be
provided with sufficient clean, dry bedding to meet the needs of each
individual animal.
8. Food
and water containers shall be kept free from contamination of any foreign
debris.
9. Animal waste shall be removed
from any enclosure daily and shall be disposed of in accordance with local
garbage disposal laws.
D. Cat breeder will be given 10 days from notice
of failed inspection to bring their facility into compliance before action will
be taken to either deny or revoke Breeder’s License.
E. Failure to comply with any provision of this
section shall result in revocation and/or denial of Breeder’s License by animal
control.
F. A revoked breeder's license may be
reinstated only after successfully passing a facility inspection and paying an
additional $25.00, above the annual fee of $50.00.
G. License revocation appeal hearing
1.
Any person
subject to an order by Animal Control
that results in the revocation of a
breeder’s license may request a hearing before the Animal Control Board.
2.
The Animal Control Board shall schedule a hearing within thirty (30) days after receipt of a
written request and shall notify the applicant of that hearing.
3. Public hearings must proceed in the
following order:
a.
first, the
department shall present a staff report, if any.
b. second,
the person who requested the hearing shall present relevant evidence to the
Board; and
c. third, the
Board shall hear any person in support of or in opposition to the revocation
and shall accept any related letters, documents or materials.
5. Within seven calendar days after a
hearing regarding a
revocation of a breeder’s license, the Animal Control Board shall issue a final
decision that affirms, modifies or rescinds the revocation. (Ord. 3185, 2001)
6.09.050
Investigation and Complaints.
A. Upon receipt of a complaint by one or more
persons alleging the presence of possible nuisance cat(s) and the description
of the suspected cat(s), an animal control officer may investigate the
complaint to determine if in fact the animal is a nuisance cat.
B. Persons bothered by a nuisance cat may
humanely trap the cat(s) on complainant’s property. Complainants may deliver the cat to the
animal control shelter during those times when the shelter is open to the
public. Humane traps will be available
at animal control for a nominal fee and/or refundable deposit. Persons using animal control traps shall be
provided instructions regarding use of humane traps. (Ord. 3185, 2001)
A.
The department shall order the owner of a nuisance cat to have the animal
altered at the owner’s expense.
B. A citation or order may be issued to the owner of a cat or
licensed breeder for failure to comply with any applicable section of this
chapter.
C. Animal control may set humane traps,
resulting from complaints, where free roaming nuisance cat(s) are suspected and
a secure trapping site is available.
D. Cats may be impounded at the city-county
animal control shelter.
E. Any unaltered cat that is impounded shall be
spayed or neutered prior to return to owner.
All costs associated with the impound, including but not limited to
alter expense, impound fees, and boarding fees, shall be the responsibility of
the owner. These costs shall be paid in
full prior to reclaiming the cat. If the
owner fails to reclaim the cat, the owner shall still be responsible for those
costs. Animal control shall transport
the cat to owner’s choice of veterinarian clinics within the city limits. (Ord. 3185, 2001)
The Missoula City-County Animal
Control shall engage in a continuing education program to explain the purposes
and requirements of this ordinance. (Ord. 3185, 2001)
This
ordinance shall be in effect within the Missoula City Limits ninety (90) days from and after its adoption by the City
Council. (Ord. 3185, 2001)
KEEPING LIVESTOCK AND
FOWL
Sections:
6.12.020 Prohibitions concerning keeping of livestock and domestic fowl.
6.12.022 Notice of Violation and Order to Take Corrective Action.
A. It is unlawful for any
person who is the owner, keeper or temporary custodian of any chicken, goose,
duck, turkey or other domestic fowl, rabbit, livestock, domestic or exotic, to
allow the same to be at large within the city limits by being off of the
premises owned or leased by the owner, keeper or temporary custodian of the
chicken, goose, duck, turkey or other domestic fowl, rabbit, livestock,
domestic or exotic.
B. It is unlawful for any
person within the city to keep or maintain in an unclean or unhealthful state
or condition any house, barn, shed, pen or other structure in which any
chicken, goose, duck, turkey or other domestic fowl, rabbit, bird, livestock,
domestic or exotic, held in captivity is kept. All places where any chicken,
goose, duck, turkey or other domestic fowl, rabbit, bird, livestock, domestic
or exotic, is kept within the city shall at all times be subject to inspection
for cleanliness, health and sanitation purposes by the city health officer,
city animal control officer , or by the city police department.
C. It is the duty of all
persons keeping a chicken, goose, duck, turkey or other domestic fowl, rabbit,
bird, livestock, domestic or exotic, to keep and maintain wherein the same are
kept in a clean and sanitary condition, and in case any place where a chicken,
goose, duck, turkey or other domestic fowl, rabbit, bird, livestock, domestic
or exotic is kept is not maintained in a clean and sanitary condition, the city
health officer may declare the same a nuisance and abate it as such.
D. All animals kept within the city limits shall
be provided with sufficient food and water as is necessary as determined by at
least one animal care expert consulted by a city health department employee or
any animal control officer or police officer to meet the daily needs and
requirements of the animals for a healthful existence. An "animal care
expert" shall include veterinarians, ranchers or outfitters possessing at
least five years' experience treating, caring for or raising livestock animals.
Any individual desiring to contest a determination made pursuant to this
section may appeal to the city animal control board for a review of the
determination. Any appeal must be submitted within three days of the animal
owner's receipt of notice of the determination. (Ord. 3366, 2007; Ord. 3366 §1, 2007; Ord.
2700 §1, 1989; Ord. 2439 §1, 1985; Ord. 2137 §1, 1980; Ord. 2041 §2, 1979:
prior code §4‑2).
6.12.020 Prohibitions
concerning keeping of livestock and domestic fowl.
A. Except as otherwise
provided in this section, it is unlawful for any person to keep or maintain any
chicken, goose, duck, turkey, other domestic fowl, swine, horses, mules,
donkeys, sheep, cattle, or any other livestock, exotic or domestic, or to keep
or maintain any pen, yard or enclosure for such animals within the corporate
limits of the city on a parcel of land that is one acre or less in size. This
section shall not apply to real property annexed into the city after January 1,
1989; unless and until any keeping of livestock otherwise unlawful pursuant to
this chapter has ceased or been abandoned for at least two years. After termination
of the keeping of a type of livestock that is prohibited by this section has
occurred for at least two years, any keeping of that type of animal that is
unlawful pursuant to this chapter shall not be restarted at that location.
Further, this section shall not apply to persons engaged in the transportation
of such animals to market or to participate in an exhibition, event or parade
or a Missoula County Fair at the Missoula County Fairgrounds.
B. This section also does not
apply to the keeping of any of the above-identified fowl, animals or livestock
at the Missoula County Fairgrounds, so long as the activity is authorized and
supervised by the Missoula County Fair Board.
C. Any house, barn, shed, pen
or other structure in which a chicken, goose, duck, turkey, or other domestic
fowl, or bird (other than birds purchased as house pets through a commercial
store) is kept shall not be located inside of or within twenty feet of a
structure used for human habitation or within fifty feet of any real property line.
Any house, barn, shed, pen or other structure in which a chicken, goose, duck,
turkey, or other domestic fowl, or bird is kept, which may now be, or which may
hereafter be placed within twenty feet of a human habitation, or within fifty
feet of a real property line shall be removed there from, to a distance of more
than twenty feet from such human habitation and not within fifty feet from any
property line. The city health officer, animal control officer or police
department is given authority to order such removal, upon written notice of not
less than ten days, or such further, time as such officer deems reasonable. In
case such house, barn, shed, pen or other structure is not removed within the
time set in such notice for the removal thereof, such officer may proceed to
remove the same.
D. A rabbit or rabbits may be
kept in cages or other structures in an area that is within or adjacent to a
rabbit owner's personal residence as long as the rabbit cages or structures
located outside the rabbit owner's premises are not within thirty feet of
another structure or dwelling unit used for human habitation that is not owned
by the rabbit owner or within twenty feet of any common real property line
between private property owners. There shall be no common property line
restriction if the adjacent property on the other side of a common property
line is public-owned land.
E. It is unlawful for the
owner, keeper or custodian of rabbits to possess at the same premises at the
same time more than five rabbits that are more than six weeks old, unless the
real property is one-quarter acre or larger in size.
F. The prohibition to keeping chickens in this
section does not apply to the keeping of up to 6 female chickens while the
animals are kept in such a manner that the following standards are complied
with:
6.12.022
Notice of Violation and Order To Take
Corrective Action.
When Animal Control determines that a violation of the code has
occurred, Animal Control may issue written notice to the owner, custodian or
keeper, either personally or by certified mail.
Such notice shall specify the provision or provisions of this chapter
alleged to have been violated along with a short and plain statement of the
facts that constitute the violation. The
notice shall include an “order to take corrective action” requiring compliance
within a reasonable time as stated in the order. (Ord. 3366 §3, 2007)
6.12.024 Penalty--Fines. The City of Missoula Municipal Court judge
shall assess animal violation fines as set forth in this chapter. An owner, custodian, or keeper of an animal
who is found guilty of any provision of this chapter shall be guilty of a
misdemeanor and fined an amount not less than twenty-five dollars or more than
five hundred dollars. Failure to comply
with a properly issued Notice of Violation and Order to Take Corrective Action
shall be counted as a separate offense from a citation issued after the
compliance date described in the order. Each day an offense exists shall
constitute a separate offense pursuant to this chapter. (Ord. 3366 §4, 2007)
6.12.030 Keeping
livestock.
A. Except as otherwise provided in this section,
it is unlawful for any person to keep or maintain any swine, horses, mules,
donkeys, sheep, cattle, or any other livestock, exotic or domestic, or to keep
or maintain any pen, yard or enclosure for such animals within the corporate
limits of the city on a parcel of land that is one acre or less in size. This
section shall not apply to real property annexed into the city after January 1,
1989; unless and until any keeping of livestock otherwise unlawful pursuant to
this chapter has ceased or been abandoned for at least two years. After
termination of the keeping of a type of livestock that is prohibited by this
section has occurred for at least two years, any keeping of that type of animal
that is unlawful pursuant to this chapter shall not be restarted at that
location. Further, this section shall not apply to persons engaged in the
transportation of such animals to market or to participate in an exhibition,
event or parade or a Missoula County Fair at the Missoula County Fairgrounds.
B. This section also does not apply to the
keeping of animals at the Missoula County Fairgrounds, so long as the activity
is authorized and supervised by the Missoula County Fair Board, or to the
keeping of animals at a veterinary clinic or at commercial stables where horse
care and cleanup occurs on a daily basis and the horses are kept in a healthy
condition with sufficient and proper food. For purposes of this section, a
"commercial stable" shall be limited to a building that has
enclosures within the building for animals and the commercial use existed
within the two‑year time period‑prior
to annexation into the city if annexed after September 1, 1989, or existed on
or before September 1, 1989, and commercial usage involved an express or
implied contract for the keeping, feeding and pasturing of animals for monetary
value exchanged between the animal owner and the stablekeeper.
C. The prohibition in this section also does not apply to the keeping of horses, mules, donkeys, sheep, cattle, llamas or goats
within the city limits in situations in which the animals are kept in such a
manner that the following standards are complied with:
1. The smallest area of land on which
any horse, mule, donkey, sheep, cow, llama or goat may be kept shall be a land
area at least one‑half acre in size, which
minimum land area calculation may not include any building structures
whatsoever except a barn, stable or other shelter intended for use by the
animal.
2. The average number of horses,
mules, donkeys, sheep, cattle, llamas or goats on a parcel of land on which
animals are kept shall not exceed three horses, mules or donkeys per acre or
five sheep, two cows, two llamas or three goats per acre of land area, which
land area calculation may not include any building structures whatsoever except
a barn, stable or other shelter intended for use by horses, mules, donkeys,
sheep, cattle, llamas or goats. No land area one acre or less in size with a
combination of the authorized type of animals shall exceed five animals per
acre.
3. Every land area one acre or less in
size where a horse, mule, donkey, sheep, cattle, llama or goat is kept must
have shelter or a windbreak of some sort for the animals, and there must be
shade provided for the animals within the area where the animals are kept.
4.
Frequent removal of animal excreta on land one acre or less in size is
imperative and therefore the excreta shall be removed weekly from any area one
acre or less in size where any animal is kept.
5.
Adequate vegetative cover and/or frequent water irrigation sprinkling
shall be provided for any area one acre or less in size where horses, mules,
donkeys, sheep, cattle, llamas or goats are kept between April 1st through
October 31st each year in order to alleviate or eliminate dust as a potential
nuisance problem for nearby property owners.
6.
Corrals or fenced land areas where horses, mules, donkeys, sheep,
cattle, llamas and goats are kept shall be built and maintained to keep horses,
mules, donkeys, sheep, cattle, llamas and goats from getting loose and running
at large.
7.
All animals kept within the city limits shall be provided with
sufficient food and water as is necessary as determined by at least one animal
care expert consulted by a city health department employee or any animal warden
or police officer to meet the daily needs and requirements of the animals for a
healthful existence. An "animal care expert" includes veterinarians,
ranchers or outfitters possessing at least five years' experience treating,
caring for or raising livestock animals. Any individual desiring to contest a
determination made pursuant to this section may appeal to the city animal
control board for a review of the determination. Any appeal must be submitted
within three days of receipt of notice of the determination by the animal
owner. (Ord. 2700 §3, 1989).
DISEASED ANIMALS
Sections:
6.16.010 Generally. No diseased or sickly horse, cattle,
swine, sheep, dog or cat or other animal, nor any that have been exposed to any
disease that is contagious among such animals, shall be brought into the city,
except for treatment at a veterinary clinic or animal hospital. (Ord. 2117 §2, 1980: prior code §15‑7).
6.16.020 Animal hospitals. Whoever shall keep, use or maintain
within the city any stable, pen, kennel, lot or premises as a hospital for sick
or diseased horses, cattle, dogs, cats or hogs, or other animals, and where the
same are confined or kept in such a manner as to be foul, offensive or
nauseous, or where the same may from any cause be an annoyance to any community,
family or person, or where the same may be detrimental to the health of the
community shall be deemed guilty of maintaining a nuisance. (Ord.
2117 §1, 1980: prior code §15‑5).
6.16.030 Violation. Any person who violates, disobeys,
omits, neglects or refuses to comply with, or who resists the enforcement of
any of the provisions of this chapter, or who refuses or neglects to obey any
of the rules, orders or sanitary regulations of the city health officer, or of
the sanitary inspector, or the board of health, or who omits, neglects or
refuses to comply therewith, or who resists any officer or order or special
regulations of either the city health officer, or the sanitary inspector, or
the board of health, where no other penalty is provided, shall be deemed guilty
of a violation of the provisions of this code. (Ord. 2117 §3
(part), 1980: prior code §15‑13).
DOG OR COCK FIGHTS
Sections:
6.20.010 Declared misdemeanor.
6.20.020 Protection from and for wild animals kept in captivity.
6.20.010 Declared misdemeanor. Every person who
shall, by agreement or otherwise, plan or encourage any dog or cock fight, or
fight of any kind between animals, within the city, shall be guilty of a
misdemeanor. (Prior code §4‑4).
6.20.020 Protection from and for wild animals kept in
captivity.
A. Findings. Wild animals pose serious threats
to human health and safety both while the wild animal is in captivity and if it
escapes from captivity. Wild animals have very specific biological requirements
best met in their natural habitat and, therefore, whenever wild animals are
confined in captivity, they should be confined under the supervision of
qualified zoological or otherwise competent professional caretakers.
Furthermore, it is unsuitable and cruel to involve wild animals in any display,
act or exhibit which causes them to be
harassed, or be made to act in any naturally uncharacteristic way or
otherwise engage in unnatural behavior. Also, since wild animals kept in
captivity could cause city property owners and residents much concern, expense
and inconvenience if they escape or
are inadvertently set free, their presence inside the city while kept in
captivity shall always be made known to city police and animal warden
officials.
B. Wild Animal Defined‑‑Exclusions.
For purposes of this section, "wild animal" means an animal wild by
nature, as distinguished from the common domestic animals, whether the animal
was bred or reared in captivity, and includes birds and reptiles; except the
following:
1.
The species Homo sapiens (human beings);
2.
The species Canis familiaris
(domestic dogs, excluding hybrids with wolves, coyotes, or jackals);
3.
The species Felis catus
(domestic cats, excluding hybrids with ocelots or margays);
4.
The species Equus caballus
(domestic horses);
5.
The species Equus asinus
(asses/donkeys);
6.
The species Bos taurus (cattle);
7.
The subspecies Ovis ammon
aries (sheep);
8.
The species Capra hircus (goats);
9.
The subspecies Sus scrofa
domestica (swine);
10.
Domesticated races of the species Gallus gallus
or Meleagris gallopavo
(poultry);
11.
Domesticated races of the species Mesocricetus
auratus (golden hamsters);
12. Domesticated races of the subspecies Cavia aperea procellus
(guinea pigs);
13.
Domesticated races of rats or mice (white or albino, trained or laboratory‑reared);
14.
Domesticated races of the species Oryctolagus cuniculus (rabbits);
15.
All captive‑bred members of the species
of the families Psittacidae (parrots, parakeets), Anatidae (ducks), Fringillidae
(finches), and Columbidae (doves and pigeons);
16.
All captive‑bred members of the species Serinius canaria of the class Aves
(canaries);
17.
Domesticated races of the species Carassius auratus (goldfish);
18. Captive‑bred members of the superorder
Teleostei of the class Osteichthyes
(common aquarium fish);
19.
All species of the class Insecta.
C. Prohibitions.
1.
No resident person may own, possess or have custody of any wild animal,
unless that person obtains a permit from the Montana Department of Fish, Wildlife,
and Parks pursuant to Title 87, Chapter 4, Part 8, Montana Code Annotated; except
for licensed veterinarians and incorporated humane societies or animal shelters
tending to injured or sick wild animals.
2.
No roadside menagerie or zoo involving one or more wild animals,
including birds, reptiles and the like kept in captivity for the purpose of
exhibition or attracting trade shall be established and maintained inside the
city unless a permit has been obtained from the Montana Department of Fish,
Wildlife, and Parks pursuant to Title 87, Chapter 4, Part 8, Montana Code
Annotated.
3.
No person may sponsor, promote or train a wild animal to participate in,
contribute to the involvement of a wild animal in, or attend as a spectator any
activity or event in which any wild animal engages in unnatural behavior or is
wrestled, fought, mentally or physically harassed, or displayed in such a way
that the animal is abused or stressed mentally or physically, unless and except
where the activity is part of either an educational or instructional program
conducted by a wild animal caretaker who has a state permit allowing possession
or custody of a wild animal(s), or the activity is part of a circus performance
and the act is part of a circus act performed under the direction of a
competent professional wild animal caretaker or trainer.
D. Enforcement Authority. The city police
department and animal wardens shall have authority to make investigations or
inspections and issue appropriate warnings and complaints concerning wild
animals held in captivity within the city; and further shall have, at all
reasonable times, access to all locations and facilities where wild animals
are held.
E. Penalty. Anyone found guilty of a violation
of this section shall be guilty of a misdemeanor and may be fined up to five
hundred dollars or imprisoned for up to six months, or both, for each offense.
Each day that a violation of this section exists, it shall constitute a separate
and distinct offense. (Ord. 2449 §1, 1985).
Sections:
6.22.010 Interference with a
police dog.
6.22.010
Interference with a police dog.
A. As
used in this section, the following definitions apply:
1.
Law
enforcement officer" means a person who is a peace officer as defined in
46‑1‑202, MCA.
2.
"Police
dog" means a dog that is:
(i) used by a law
enforcement agency, as defined in 7‑32‑201, MCA, in the exercise of
its authority;
(ii) specifically trained
for law enforcement work; and
(iii)
under the control of a law enforcement
officer.
B. A person commits the
offense of interference with a police dog if he purposely or knowingly,
provokes, grabs, strikes, interferes, or injures a police dog being used by a
Police K-9 handler in the performance of his official duties.
C.
A person convicted of the offense of interference with a police dog may
be fined an amount not to exceed $500.00 or be imprisoned in the County Jail
for a term not to exceed 6 months, or both. (Ord. 2957, 1995)