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Ordinances of City of Billings, Montana. ORDINANCE NO. 09-5489 AN ORDINANCE OF THE CITY OF BILLINGS, PROVIDING THAT THE BILLINGS, MONTANA MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 2-513, 4-30t, 4-401, 4-404, 4-405.t, 4-405.5, 4- 407, 4-433, 4-446, 4-447, 4-449, 4-450, 4-451, 4-453, 4-502, 4-503, 4- 504, 4-505 AND ADDING A SECTION TO BE NUMBERED 4.309, AND REPEALING SECTIONS 4-449. 4-452. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BILLINGS. MONTANA: Section 1. That the Billings, Montana,City Code be amended by adding a new section, amending other sections, repealing some sections, and revising content of ordinances relating to animal control, the animal shelter, and the animal control board, as follows: Sec.2-513. Powers and duties. The animal control board shall serve in an advisory capacity to the city council and shall be for the purpose of providing citizen input to the policy decisions of the city council. The primary responsibilities of the board are to review existing and proposed city policies and to review city department activities to ensure that city policies are being implemented and caried out and further, to report any shortcomings and to make recommendations to the city council in the formulation of programs and policies to improve ¿ìmong others the following areas of concern: Reserved Operatien ef the eity animal shelter and pet¡rd; ineluding sanitatier and @ (2)Reserved The humaae dispesitien ef all ef the aûimals h€td irthe animal shelter er poün+ The formulation of policies, regulations, implementation and control of animals within the city; Solving the serious problem created by the uncontrolled reproduction of pet animals; Cooperation with other municipal, county and state govemments. Sec.4-301. Keeping of wild an¡mals. The terms and words used in this section are defined as follows: Wild animal means any live monkey (nonhuman primate), ragcoon, skunk, fox, poisonous snake, leopard, panther, tiger, lion, lynx, bobcat, coyote, wolf, warm;blooded animal taken from the wild state or bred in captiviÇ, or any wild animal hybrid. Wild animal hybrid or hybrid means an animal which is the product of the breeding of: A wild animal with an animal that is not wild, including, but not limited to wolf/dog hybrids; A wild animal with an animal of a different species, variety or breed; An animal that is expressly or impliedly represented to be a wild animal hybrid; or An animal, the appearance of which (including but not limited to the color, shape, size and markings) causes a representative of the Montana Fish, Wildlife and Parks or ---PAGE BREAK--- Ordinances of City of Billings, Montana. the Billings Animal She+ter Control to reasonably believe that the animal is a wild animal hybrid. Wolf/dog hybrid means an animal which is part wolf and part domestic dog. No person shall keep or permit to be kept on his or her premises within the city limits any wild or vicious animal or wild animal hybrid for display for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, perform¡ng animal exhibitions, or circuses. No person shall bring into, offer for sale or barter, or release anywhere in the city limits any wild animal or wild animal hybrid. No person shall possess, keep or permit to be kept on or off his/her premises within the city limits a wild animal or wild animal hybrid. lf the following conditions are met, wolf/dog hybrids which were in private possession priorto February 1, 1993, may be retained by the same owner as a domestic pet, but may not be transferred to another person: The owner must comply with all rules, regulations and requirements of the Montana Department of Fish, Wildlife and Parks. By May 1, 1993, the owner must registerthe wolf/dog hybrid with the city, must purchase a small animal license and must comply with all requirements for a small animal license as set forth in sections 4-432 through 4438. The owner must keep the wolf/dog hybrid in a securely enclosed structure to which all entrances remain locked. The structure must be designed so that a person cannot place an extremity in any part of it and so that the wolf/dog hybrid cannot escape. The structure must be kept in good repair at all times. No person shall allow or permit the wolf/dog hybrid to be removed from its structure unless the animal is muzzled and on a leash held by a person able to control the animal. At the time of licensing the wolf/dog hybrid or by May 1, 1993, if the wolf/dog hybrid is currently licensed, the owner of the wolf/dog hybrid must schedule a time with the animal shelter for an animal control officer to inspect and approve the structure in which the animal will be kept. The animal control officer shall also take a photo of the wolf/dog hybrid to be retained by the animal shelter for identification purposes. The owner/keeper of the wolf/dog hybrid shall allow an animal control officer at any reasonable time with 24-hour notice to inspect the premises upon which the wolf/dog hybrid is kept. No person shall possess, keep or harbor a wolf/dog hybrid unless all of the above conditions have been met. A wolf/dog hybrid which has not been licensed in accordance with subsection (dX2) shall be seized and impounded by an animal control officer or a police officer. In the alternative, the animal control officer or police officer may order the person owning, keeping, or harboring the wolf/dog hybrid to deliver the animal to the animal shelter within twenty-four (24) hours. The person owning, keeping or harboring such animal shall then be ordered to appear in city court to show cause why the animal should not be destroyed. The city court judge, after making a determination that the animal is a wolf/dog hybrid and that it was not licensed, shall order that the animal be destroyed or that it immediately be removed from the city. A wolf/dog hybrid which is running at large in the city shall immediately be impounded by an animal control officer or police officer. The person owning, keeping or harboring such animal shall be ordered to appear in city court to show cause why the animal should not be destroyed. The city court judge, after making a determination that the animal is a wolf/dog hybrid and that it was running at large, shall order that the animal be destroyed or that it immediately be removed from the city. ---PAGE BREAK--- Ordinances of City of Billings, Montana. The animal control officers shall have the power to release or order the release of any young wild animal kept under temporary permitjssued bv the State d which is deemed capable of survival. Sec. 4-309. Roadside and flea market sales lt shall be unlawfulfor anv person to sell. trade. or barter a live animal on a roadside. public riqht-of-wav. commercial parkinq lot. or at an outdoor special sale. swap meet. flea market. oarkino lot sale. or similar event. This section does not applv to: An aqent of a business that has a certificate of occupancv from the buildino inspection division authorizino the occupancy of the oremises for purposes of operatinq a business selling pets: An event primarily for the sale of agricultural livestock such as hoofed animals or animals or fowl commonlv raised for food. dairv. or fiber products: or A tax-exempt non-profit oroanization founded for the purpose of providino humane sanctuary or shelter for abandoned or unwanted animals. Anv person/oroanization found in violation is ouilty of a misdemeanor. ARTICLE 4400. DOGS, CATS AND SMALL ANIMALS DIVISION I. GENERALLY Sec. 4401. Definitions. Terms and words, as used in this article, shall have the following meanings unless the context otherwise indicates: Adult animal means any animal over six months of age. Animal means to include all livestock and any domestic pet, both male and female. Animal control officer means any one or more of the employees of the cig designated by the city administrator or his designee as animal control officer. Animal shelter means the place provided by+hæi$ for the impounding of dogs, cats or other small animals, or livestock. At large means off the premises of the owner and not under the control of the owner or any other person either by leash, cord, chain, or other physical means of control; obedience trained dogs under complete verbal control of the owner or trainer shall not be allowed to separate from their owner by more than six feet except on private property with owner permission or on public property as referenced in section 4- 407. Bife means any abrasion, scratch, puncture, laceratÍon, bruise, tear, or piercing of the skin inflicted by the teeth of an animal. Bodily injury means physical pain, illness, or any impairment of physical condition. ---PAGE BREAK--- Ordinances of City of Billings, Montana. City administratormeans the c¡ty of billings city administrator or his/her designee. Dangerous animalmeans any animal that in the absence of intentional provocation: Inflicts serious bodily injury to a person on public or private property; or ls involved in a continuous sustained attack upon a person, not allowing the victim any means of escape, regardless of the extent of injury or defensive action required; or ls previously found to be potentially dangerous and while on or off the owner's property chases or approaches a person in a menacing fashion or apparent attitude of attack or inflicts bodily injury to a person or smallanimal; Inflicts injury to a person on public or private property, which injury results in the death of the person. These definitions do not apply to animals used in military or law enforcement work while they are actually performing in that capacity. Foster home means a tax exempt facility or organization where animals may be placed for the purpose of finding a new home. Ne ute redlêperel! means rendered permanently incapa ble of reprod uction. Owner means any person owning, keeping, feeding or harboring an animal over thirty (30) days. Persons means two or more people. Potentially dangerous animalmeans any animal that in the absence of intentional provocation: While off the owner's property, chases or approaches a person in a menacing fashion or apparent attitude of attack or inflicts bodily injury to a person or small animal; or While on the owner's property causes bodily injury to a person; or While off the owner's property kills a domestic animal, excluding birds, rodents and reptiles. These definitions do not apply to animals used in military or law enforcement work while they are actually performing in that capacity. Registration authoritymeans the agency or department of the city or any designated representative thereof charged with administering the issuance and/or revocation of permits and registrations under the provisions of this chapter. Serious bodily injury means bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement or protracted loss or impairment of the function or process of any bodily member or organ. Service animal means in addition to a guide dog, police dog, as defined in MCA 45-8-209, law enforcement or military canine all other animals that are "individually trained to provide assistance to an individual with a disability" in a public setting. Small animalincludes any dog, cat, rabbit or domesticated small animal, both male and female. Small animal permit means a permit that allows the premises to be inspected and approved by the animal control officer, or by the health department, at a prearranged appointment established with the owner. Vaccination means the inoculation of a dog or cat with anti-rabies vaccine administered by a licensed veterinarian in compliance with regulations established by the state. (Code 1967, S 8.08.010;Ord. No. 854616, 1-7-85; Ord. No. 85-4676, $ 1, 12-23-85; Ord. No. 90-4829, S 3, 5-7-90; Ord. No. 904848, S 1, 1 1-19-90; Ord. No. 03-5259, S 3, 10-27-03; Ord. No.05-5351, S 1,12-12-05) ---PAGE BREAK--- Ordinances of City of Billings, Montana. Sec. 4404. Noisy an¡mals. Every person who keeps, feeds, harbors or allows to stay about any premises occupied or controlled by such person, any animal which unreasonably annoys or disturbs any person by continuous and habitual barking, howling, yelping, whining or other noise is guilty of maintaining a public nuisance and is therefore guilty of a misdemeanor. This section does not apply to an animal that is owned, kept, or harbored as part of the business of a licensed veterinarian, animal boarding facili$, or agricultural or livestock operation. The complainant must identify himself or herself by name, address and telephone number. To constitute a violation for prosecution under this section, a written complaint must be received by the animal sh€lter control officer which shall include but not be fimited to a summary of the nature and duration of the animal noise and any other information as may be required by the animal sh€lter control officer to establish a violation of this section. Upon conviction in municipal court of a noisy animal, the penalty shall be in accordance with section 4411. (Code 1967, S 8.08.040; Ord. No. 904829, S 4, 5-7-90; Ord. No. 03-5259, $ 5, 10-27-03; Ord. No. 05-5351, S 3, 12-12-05) Sec. 4.405.1. Quarantine-Rabies. Any animal not currently vaccinated for rabies which bites a person shall be isolated in strict confinement at the animal shelter or a licensed veterinarian clinic to be observed for at least ten (10) days from the day of infliction of the bite. The owner will be responsible and must pay the confinement fees. lf the owner fails to pay such fees, the animal control officer shall dispose of the animal. Upon the discretion and advice of the animal control or law enforcement officer any animal currently vaccinated for rabies which bites a person may be isolated in strict confinement at the owner's home provided the following conditions are available and met: Animal must be kept away from all animals and people except the immediate household. Animal must be kept inside an enclosed structure such as a house, garage or if outside, the animal must be in a covered pen from which it cannot escape or come into contact with another animal or person. lf confinement is authorized under this condition, the person responsible for the animal shall further assure that the animal shall only be allowed outside the above-described pen or other suitable place approved by the animal control or law enforcement officer if the animal is on a leash which is held by a person that is capable of and is in fact controlling the animal in question. Animal cannot be sold, given away, destroyed or moved from the premises until notified by an animal control or law enforcement officer that the quarantine period is over. Animal under quarantine is not to receive any vaccinations without the authorization of a veterinarian and the animal control officer. lf the animal becomes lost, sick, acts strangely in any way, or dies during quarantine it must be reported immediately to the B¡[ings animal control office €h€lter. Animal control and/or law enforcement officers must be allowed reasonable access to the place of quarantine between the hours of 7:00 a.m.-10:00 p.m. for inspections. The owner will be responsible and must pay all confinement fees. lf the owner fails to pay such fees, the animal control officer shall dispose of the animal. ---PAGE BREAK--- Ordinances of City of Billings, Montana. Any animal owner who fails to cooperate with the animal control officer in satisfactory quarantine of his dog or cat (or any other warm-blooded animal, if pertinent) who has bitten a person is guilty of a misdemeanor. A dog or cat (or other warm-blooded animal) manifesting characteristics of rabies (hydrophobia) may be put to death at the discretion of the animal control or law enforcement officer so that the head may be examined to make a confirmatory search for Negri bodies. All animals definitely known to have been bitten by the infected animal should be destroyed. lf, however, the animal is only suspected of having the disease he should not be put to death but quarantined for observation, for a negative laboratory examination at this time would only leave the diagnosis in doubt. Quarantine procedures do not apply to animals used in military or law enforcement work and service animals for the disabled. These animals will be required to be under current veterinarian care and subject to inspections by an animal control or law enforcement officer. (Ord. No. 05-5351, S 5, 12-12-05) Sec. 4-,405.5. Dangerous behavior. Any person who keeps, feeds, harbors or allows to stay about the premises occupied or controlled by him within the city any animal exhibiting dangerous behavior is guilty of maintaining a public nuisance and is guilty of a misdemeanor. An animal is presumed to have exhibited dangerous behavior if it demonstrated any of the behavior set forth in section 4401. Such presumption is rebuttable. Upon conviction of maintaining a public nuisance with a particular dangerous animal, said animal may be ordered by the court to be destroyed by the animal control officer. An animal involved in a fatal attack on a person will be impounded and destroyed by the animalcontrol officer. The owner or keeper convicted of having a dangerous animal shall forthwith register the animal as such with the animal control division. The owner of the dangerous animal must comply with and must show the animal control division sufficient evidence that the following requirements are met within thirty (30) days following registration: A securely enclosed structure is provided by the owner suitable to prevent unauthorized entry and designed to prevent the animal from escaping. The enclosure must also provide protection from the elements for the animal. The owner or keeper shall display signs on his or her premises warning that there is a dangerous animal on the property. These signs shall be visible and capable of being read from the public roadway and from any normal means of entry to the premises. In addition, the owner or keeper shall conspicuously display a sign with a warning symbol that will inform children of the presence of a dangerous animal. The owner or keeper of a dangerous animal shall present proof of procurement of liability insurance in the amount of at least one hundred thousand dollars ($100,000.00), covering the 12-month period during which registration is sought. This policy shall contain a provision requiring the city to be named as an additional insured and requiring that the city be notified by the insurance company at least ten (10) days in advance of any cancellation, termination or expiration of the policy. The owner or keeper shall, at his or her own expense, have the dangerous animal registration number provided by the animal control division tattooed upon the inner side of the right ear by a licensed veterinarian. or micro-chioped. and the chip number provided to the animal control division. The owner or keeper of an animal convicted of having a dangerous animal shall notify the animal control division within twenty-four (24) hours of a change of address or death of the animal, immediate notification will be required if the animal is loose. ---PAGE BREAK--- Ordinances of City of Billings, Montana. The owner or keeper of an animal convicted of having a dangerous animal shall not sell, transfer or g¡ve away the animal, other than to the animal control officer s,helter for disposal. The animal control officer is empowered to make whatever inquiry is deemed necessary to ensure compliance with the above provisions. Should it be found that the owner or keeper is in noncompliance with the provisions, the animal shall be immediately confiscated, impounded, and destroyed. (Ord. No. 90-4829, S 6, 5-7-90; Ord. No. 03-5259, S 7, 10-27-03) Sec. 4407. Small animals in city parks. No small animals, whether restrained or unrestrained, shall be permitted in the city parks except for service animals when being used for that purpose and service animals being used in police work. This prohibition does not prohibit small animals in posted areas of parks or public lands that are specifically designated by council resolution for use by small animals in accordance with posted regulations. Small animal in the city parks are deemed a nuisance and may be impounded; provided, that a permit for organized obedience training or shows may be granted for use in designated areas of designated parks on designated days. The permit shall be obtained from the animal s,helter control division at the discretion of the animal control supervisor for that particular event. The permit shall be in writing and shall designate the park, area within the park, the dates and duration. A fee as prescribed by council resolution shall be collected for each permit for each event. Sec. 4-433. Proof of vaccination prerequisite. No dog/cat registration shall be issued unless the applicant therefor produces satisfactory proof that the dog/cat has been vaccinated with a rabies vaccine currently effective. Such proof may be made by presenting the vaccination receipt refered to in section 4409: provided that when a dog/cat has been reclaimed from the animal shelter, registration fees @ shall be paid prior to release of the dog/cat. lf satisfactory proof of rabies vaccination cannot be produced, the registration tag shall be retained by the city until the dog/cat has been vaccinated or proof of vaccination is produced. Proof of vaccination must be provided to the animal s,helter control officer within thirty (30) days after the dog/cat becomes three months old, or within thirty (30) days in the case of a dog/cat three months or older. Failure to provide proof of vaccination will result in the registration being void. Sec. 4.446. @nimal control officer. There is hereby established a eity animal shelter, The animal control officers shall be employees of the ci$, designated by the city administrator to act as such animal control officers, and they shall receive no pay other than their regular pay as city employees. Sec. 4-447. lmpoundment of small animals at large. Every small animal, licensed or unlicensed, found running at large in the streets, avenues, alleys or other public places within the city, or on private property, except as provided in section 4406, is a public nuisance and may be taken and impounded in the €i$l an¡mal shelter by an animal control officer, police officer or other employee designated by the city administrator or persons with whom the city has contracted. Such persons are specifically authorized to pursue small animals running at large onto private ---PAGE BREAK--- Ordinances of City of Billings, Montana. property and apprehend such small animals. Small animals are running at large unless they are restra¡ned pursuant to section 4406. Sec. 4448. Records of ¡mpounded an¡mals. lmmediately upon impounding any animal, the animal control officer shall record, i ,adescriptionof such animal. Such record shall state the sex, color, breed, estimated age, distinguishing marks,ifany,andthedateandhourofimpounding;. Sec. 4-449. Reserved ACCitienal fee fer aCepted degs er eats, In additien te all impeund and registratien fees; the animal she/fer eentrel effieer ien er his designee after eensultatien with the leeal veterinarian asseeiatien, lt is unlawful fer any persen te adept a deg er eat frem the arimal-shelter and fail te efi¡mef Sec. 4450. Disposition of uncla¡med animals. Every dog or cat impounded shall be held for a period of not less than forty-eight (48) hours nor more than seventy-two (72) hours after such impounding and if not claimed bv the owner the animal shall become the propertv of the Yellowstone Vallev Animal Shelter.' and if net elaimed But te Aeath gy the a eat te death-{he animal eentrel effieer-in his Ciseretien¡ may turn any sueh deg er eat ever te seme persen whe agrees te find a heme fer the deg er eat, Sueh persen must pay tne tees refeneA to eat te pay the peund fees and eharges after due netifieatien shall be held te be an Sec. 4451. Gollection of fees for impounded animals. Before any dog, cat or other animal is released frem the animal shelter#e ffishalIcoIIectfromtheperSoncIaiming/adoptingsuchdog,cat+r usualregistrationfeeforsuchdog/catifitisnotaIready registered,subjecttotheconditionsoutIinedinsection4450.@iens the animal hae þeen in the fester heme fer (60) days, The small animal eentrel effieer Sec.4-452. Reserved The animal shelt€r shall disBese ef Cegs; eats er ether small anirnels; upen ---PAGE BREAK--- Ordinances of City of Billings, Montana. Sec. 4453. Animal control shelter fees. The city council by resolution shall establish from time to time the fees to be charged by the animal control division shelter. Sec. 4-502. lmpoundment authorized. The animal control officer shelter is authorized to take possession of any livestock animalfound to be at large within the city limits, and to impound the same. Sec. 4-503. Notice to owner. lmmediately upon impounding any livestock an¡mal, the animal control officer urard€n shall use reasonable means to ascertain the owner of such livestock an¡mal, and to give notice to such owner of the impoundment. Sec. 4-504. Release to owner; fee. Before any livestock animal is released from the animal control officer shelter to an owner, the animal control officer urard€n shall collect from the person claiming such animal alltee costs incurred as a result of feedinq. care. and impounded of the livestock. ien Sec. 4-505. Auction of unclaimed animals. Every livestock animal not claimed within +¡*een{+S) thirtv (301 days of impoundment shall be sold at public auction. Section 2. EFFECTIVE DATE. This ordinance shall be effective thirty (30) days after second reading and final adoption as provided by law. Section 3. REPEALER. All resolutions, ordinances, and sections of the City Code inconsistent herewith are hereby repealed. Section 4. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provisions or application, and, to this end, the provisions ofthis ordinance are declared to be severable. PASSED by the City Council on first reading this 9tr day of March,2}}g. PASSED, ADOPTED and APPROVED on second reading this 13th day of April, 2009. CITY OF BILLINGS ATTEST: ( n *-\nnxn,¡) By Cari Martin, City Clerk