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Animals Control Ordinance

ORDINANCE NO. 839

AN ORDINANCE REVISING TITLE 6, ANIMAL CONTROL–
CHAPTER 1, Section 4 ANIMAL CONTROL OFFICER (inserting language)
CHAPTER 5, Section 1, NUISANCE ANIMALS (revising)
CHAPTER 5, Section 2, VICIOUS ANIMALS (revising)
CHAPTER 5, Section 3, VICIOUS BEHAVIOR (striking)

WHEREAS, the City of Shelby currently has animal control ordinances in Title 6 of the Shelby Municipal Code;

WHEREAS, the City Council has determined to revise those ordinances;

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SHELBY, MONTANA that certain ordinances in Title 6 be revised as follows, to wit:

Chapter 1, Animal Control Officer, Section 4, Obstruction of Animal Control Officer or Peace officer be inserted;

Chapter 5, Section 1, Nuisance Animals be revised;

Chapter 5, Section 2, Vicious Animals be revised;

Chapter 5, Section 3, Vicious Behavior be stricken and deleted as redundant of the revised Chapter 5, Section 2

and these revisions be in full force and effect in the City of Shelby, Montana.

6-1-4: OBSTRUCTION OF ANIMAL CONTROL OFFICER OR PEACE OFFICER.

A. person commits the offense of obstructing an animal control officer or peace officer if the person knowingly obstructs, impairs, or hinders an animal control officer’s or peace officer’s enforcement of the ordinances of this Title 6.

B. A person convicted of the offense of obstructing an animal control officer or peace officer is guilty of a misdemeanor and subject to the penalties as set forth in Section 1-4-1 of this code.

6-5-1: NUISANCE ANIMALS:

A. “Nuisance Animal” means any animal or group of animals that behaves in a
disruptive or destructive manner, including but not limited to, the following, habitually:

1. Steals, damages, soils, or defiles community or neighborhoods private property or public property;

2. Turns over garbage containers, rummages through or scattering garbage or rubbish, or damages flower or vegetable gardens;

3. Causes unsanitary or offensive conditions;

4. Chases vehicles or bicycles on public streets, ways or parks, or impedes the safety of pedestrians, bicyclists, or motorists;

5. Is inside a public area which is designated as one prohibiting animals, except for an animal that has been duly and properly trained and registered as a Service Animal as defined by the Americans with Disabilities Act, may be allowed in such an area when acting in that capacity; or

6. Barks, howls, whines, bays, or makes any noise common to its species, so continuously or incessantly as to unreasonably disturb the peace, comfort, tranquility of life or property of one or more persons occupying property in the community or neighborhood, within reasonable proximity to the premises where the animal or animals are kept.

B. Power to Impound: Any such nuisance animal may be taken up and impounded
by the animal control officer.

C. Penalty: Any person violating or permitting the violation of any provision of this section or permitting the violation of any provision of this section shall, upon conviction in city court, be subject to the misdemeanor penalty as provided in section 1-4-1 of this code.

D. Third Conviction: Upon a third conviction under this section, the nuisance animal
shall be seized and taken up by the animal control officer and humanely euthanized.

6-5-2: VICIOUS ANIMALS:

A. “Vicious animal” means any animal, except a dog assisting a peace officer
engaged in law enforcement duties, which demonstrates any or all of the following behavior:

1. An attack which requires a defensive action by any person or animal to prevent bodily injury and/or property damage in a place where such person or animal is conducting himself peaceably and lawfully.

2. An attack that results in an injury to any animal in a place where such animal is conducting itself peaceably and lawfully.

3. Any behavior that constitutes a physical threat or bodily harm to a person or animal in a place where such person or animal is conducting himself peaceably and lawfully.

4. Any animal with a known propensity, tendency or disposition to attack unprovoked as evidenced by its habitual or repeated chasing, snapping, or barking at persons or domestic animals so as to potentially cause injury or to otherwise endanger their safety.

B. Any owner who keeps, feeds, harbors or allows to stay about the premises
occupied or controlled by him/her within the City a vicious animal is guilty of a misdemeanor and shall be penalized in accordance with section 1-4-1 of this Code. Upon conviction, the court shall either:

1. order the animal to be euthanized in accordance with the severity of the injury or attack and the history of the animal; or

2. require the owner to register the animal as a vicious animal and impose all of the standards for keeping a vicious animal as set forth in this Code.

C. Procedure for animal biting person- Quarantine at Veterinary Clinic Required: Whenever an affidavit is made before the animal control officer or the judge that any animal has bitten a person and that the person bitten was not at the time trespassing upon the property of, or injuring or attempting to injure the person, family or the property of the owner, the following procedures shall be followed:

1. Regardless of whether the animal is currently vaccinated for rabies, the animal control officer or judge shall issue an order requiring the owner of the animal to surrender the same to a licensed veterinarian for quarantine within twenty four (24) hours after service of the order.

2. Such order may be served by the animal control officer or any peace officer, and, if the owner cannot be found at his place of residence, the 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 such residence.

3. It is unlawful for any person to refuse or neglect to surrender any such vicious animal within twenty-four (24) hours after the service of such order as provided in this section, and the animal control officer shall forthwith seize and impound such animal at a licensed veterinarian clinic at the owner’s expense.

4. In the event that the owner is unknown, upon the making of such affidavit, the animal control officer or any peace officer shall seize and impound such animal without notice.

5. An animal impounded under this section shall be quarantined at a licensed veterinarian clinic for a period of ten (10) days.

6. If the owner or other person does not claim such animal after the quarantine period and pay the costs of quarantine, the animal control officer may order the animal euthanized.

7. Notice Of Seizure: The owner of an animal seized shall be afforded notice of said seizure by personal service and by posting notice of said seizure at the house of the owner, if known.

8. After the quarantine period has expired and until the vicious animal citation has been adjudicated, the judge shall issue an order requiring the animal to be impounded at a suitable facility or returned to its owner with reasonable conditions of keeping the animal in order to protect the public.

D. Procedure for animal biting another animal- Quarantine of animal discretionary. Whenever an affidavit is made before the animal control officer or the judge that an animal has bitten another animal that was acting peaceably, the following procedures shall be followed:

1. Regardless of whether animal is currently vaccinated for rabies, the animal control officer or judge may do one of the following:

a. Issue an order requiring the owner of such dog or other animal to surrender the same to a licensed veterinarian for quarantine within twenty four (24) hours after service of the order.

b. Order the dog or other animal quarantined on the property of the owner as long as the owner makes the dog or other animal available for regular observation by the animal control officer or veterinarian.

2. Such order may be served by the animal control officer or any peace officer, and, if the owner cannot be found at his place of residence, the 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 such residence.

3. It is unlawful for any person to refuse or neglect to obey any such order within twenty-four (24) hours after the service of such order as provided in this section, and the animal control officer shall forthwith seize and impound such animal at a licensed veterinarian office at the owner’s expense.

4. In the event that the owner is unknown, upon the making of such affidavit, the animal control officer or any peace officer shall seize and impound such animal without notice.

5. An animals impounded under this section shall be quarantined at a licensed veterinarian clinic or on the property of the owner for a period of ten (10) days.

6. If the owner or other person does not claim such animal after the quarantine period at a veterinarian clinic and pay the costs of quarantine, the animal control officer may order the animal euthanized.

7. Notice Of Seizure: The owner of any dog or animal seized shall be afforded notice of said seizure by personal service and by posting notice of said seizure at the house of the owner, if known.

E. Right To Protect From Attack: Any person may protect his pets, his property, his person, or other person from the attack of an animal by force, even to the extent of slaying the same if reasonably necessary.

F. Standards For Keeping Vicious Animals: Any person as owner, keeper or
harborer of a “vicious animal” as hereinabove defined, within the municipal limits of the city, shall be subject to the following standards:

1. Leash And Muzzle: No person shall permit a vicious animal to go outside its kennel or pen unless such vicious animal is securely leashed with a leash no longer than four feet (4’) in length. No person shall permit a vicious animal to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash, and is of the age of sixteen (16) years or older. Such vicious animal may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all vicious animals on a leash outside the animal’s kennel must be muzzled by a muzzling device sufficient to prevent such vicious animal from biting persons or other animals.

3. Confinement: All vicious animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine vicious animals must be locked with a combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two feet (2’). All structures erected to house vicious animals must comply with all zoning and building regulations of the city. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.

4. Confinement Indoors: No vicious animal may be kept on a porch, patio or in any part of a house or structure that would allow the vicious animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the vicious animal from exiting the structure.

5. Signs: All owners, keepers or harborers of vicious animals within the city shall within ten (10) days of the effective date hereof, display in a prominent place on their premises a sign easily readable by the public, using the words “Danger, Vicious Animal”. In addition, a similar sign is required to be posted on the kennel or pen of such animal.

6. Insurance: All owners, keepers or harborers of vicious animals must, within ten (10) days of the effective date hereof, provide proof to the city finance officer of public liability insurance in a single incident amount of two hundred fifty thousand dollars ($250,000.00) for bodily injury to or death of any person or persons, or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days’ written notice is first given to the city finance officer.

7. Identification Photographs: All owners, keepers or harborers of vicious animals must, within ten (10) days of the effective date hereof, provide to the city finance officer two (2) color photographs of the animal clearly showing the color and approximate size of the animal.

8. Reporting Requirements: All owners, keepers or harborers of vicious animals must, within ten (10) days of the incident, report the following information, in writing, to the city finance officer as hereinafter required:

a. The removal from the city or death of the vicious animal;

b. The new address of the vicious animal owner should the owner move within the corporate city limits.

9. Irrebuttable Presumptions: There shall be an irrebuttable presumption that any “vicious animal”, as defined in subsection A of this section, within the municipal limits of the city is in fact an animal subject to the requirements of this section.

10. Failure To Comply: It shall be unlawful for the owner, keeper, or harborer of a vicious animal within the city limits to fail to comply with the requirements and conditions set forth in this title. Any vicious animal found to be the subject of a violation of this title shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal resulting in the immediate removal of the animal from the city.

11. Violations And Penalties:

a. Penalty: Any person violating or permitting the violation of any provision of this section or permitting the violation of any provision of this section shall, upon conviction in city court, be subject to the misdemeanor penalty as provided in section 1-4-1 of this code.

b. Separate Offense: Each day that a violation of this title continues shall be deemed a separate offense.

c. Costs And Expenses: In addition to the foregoing penalties, any person who violates this section shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this chapter. (Ord. 787, 12-3-2007)

6-5-3: VICIOUS BEHAVIOR (STRIKE)

FIRST, passed and approved by the Council of the City of Shelby, Montana this
15th day of July, 2019.
_________________________________
Gary W. McDermott, Mayor
Attest:

______________________________________
Jade Goroski, Finance Officer

FINALLY, passed and approved by the Council of the City of Shelby, Montana this
5th day of August, 2019.
_________________________________
Gary McDermott, Mayor
Attest:

______________________________________
Jade Goroski, Finance Officer