For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Any living vertebrate, other than human beings, whether wild or domestic, including but not limited to, all livestock and any domestic pet.
ANIMAL CONTROL DESIGNEE. Any designee of the Chief Administrative Officer, Mayor or Police Chief as all law enforcement officers as defined in state law, with all necessary police powers incident to the animal control authority.
ANIMAL SHELTER. Any premises provided by the city or other designated facility used to impound and temporarily care for dogs or other animals.
AT LARGE. Off the premises of the owner and not on a leash or other restraint or properly controlled by the owner or responsible person.
CITY. The City of Deer Lodge, Montana, a municipality.
LEASH. Includes leashes, cords, rope, chains or other similar devices of suitable strength to hold an animal to which attached.
LIVESTOCK. Cattle, sheep, swine, goats, horses, mules, asses, llamas, alpacas, bison, ostriches, rheas, emus, and domestic ungulates (hoofed mammals).
NUISANCE ANIMAL. Any animal that:
(1) Damages or steals private or public property;
(2) Destroys property or other animals;
(3) Chases after persons (not trespassing on the property of or injuring or attempting to injure the person, family or property of the owner);
(4) Chases any vehicles in public streets or right-of-ways;
(5) Defecates on private land without permission of the land owner or is allowed to defecate on public land without the person in care of the animal cleaning up and disposing of the waste immediately in a proper receptacle;
(6) Enters a public area where food is being served or consumed which is designated with signs which prohibit animals (excluding service animals);
(7) Rummages through and/or scatters garbage or rubbish;
(8) Runs at large;
(9) Is in heat; a condition of readiness for mating in female animals; or
(10) Causes annoyance or disturbance to any person by prolonged howling, barking or other animal noises, or by other means.
OWNER. Any person, firm, corporation, organization or department possessing harboring, keeping, having an interest in, or having control or custody of an animal. If the OWNER is a juvenile, a parent or other custodian of such juvenile shall for the purposes of this chapter, be treated as the OWNER of the animal.
PICKET. To tether an animal to a pointed stake set into the ground or otherwise tether an animal outside.
POULTRY. Includes all chickens, turkeys, geese, ducks, and other birds raised in domestication to produce food or feathers.
UNREDEEMED ANIMAL. An impounded dog or other animal that is not redeemed within ten days after it is taken and impounded.
VICIOUS ANIMAL. Any animal who:
(1) Bites or attempts to bite any human being without provocation or which harasses, chases, bites or attempts to bite any other animal. The term
ANIMAL includes all livestock and any domestic pet; or
(2) Has ever been trained for fighting or has ever been owned, kept or harbored for the purpose of fighting.
WILD ANIMAL. Includes species of mammal, wild by nature, whether or not bred or reared in captivity, as distinguished from the common domestic animals.
(Prior Code, § 8.04.006) (Ord. 1, passed 1-17-1980; Ord. 124, passed 8-4-2004; Ord. 2019-8, passed 8-19-2019; Ord. 2023-6, passed 5-15-2023, effective 6-16-2023)
Statutory reference:
Vicious animal, see MCA § 7-23-2109