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Unless the context clearly indicates otherwise, the following definitions apply to the provisions of this title:
ANIMAL: Any living vertebrate creature, other than human beings, whether wild or domestic including, but not limited to, all livestock and any domestic pets.
ANIMAL CONTROL SHELTER: Any premises provided by either town or county local government independently or jointly for the purpose of impounding and temporarily caring for dogs and other animals.
AT LARGE: An animal "off leash" and off the premises of the owner.
ATTRACTANT(S): Any substance, including, but not limited to, food, garbage, or salt lick, which draws wildlife to a particular location.
BITE: 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.
DOG: 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.
DOG PARK: An area specially designated for dogs to run off leash.
DOMESTIC ANIMAL: Any animal that is tame by nature and includes, but is not limited to, dogs, cats, rabbits and livestock.
EXOTIC ANIMAL: Any wild or other animal which is not tame by nature and includes, but is not limited to, raccoon, fox, skunk, beaver, otter, wolf, wolf hybrid, bear, raptor, alligator, crocodile, poisonous snake, monkey, swine, member of the feline species other than domestic cat Felis domesticus, member of the canine species other than domestic dog Canis familiaris, or any other animal that would require a standard of care, and control greater than that required for customary household pets, sold by pet shops, or domestic farm animals. The term exotic animal does not include farm animals, rodents, domesticated ferret, and captive bred species of fish and common cage birds.
FEED: 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.
FEEDING: The depositing, distributing, or tending of feed in an area frequented by wildlife.
KENNEL: A commercial facility prepared to house, board, breed, handle or otherwise keep or care for dogs.
LEASH: Any common leash, cord, rope, chain or other similar devices no longer than six feet (6') 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 twenty six feet (26').
LIVESTOCK: Cattle, sheep, swine, hogs, poultry, ostriches, emus, bees, goats, horses, mules, asses and llamas.
MUZZLE: A humane device securely fastened over the mouth of an animal to prevent its biting.
NUISANCE DOG: Any dog that commits the following acts:
A. Steal or damage either private or public property;
B. Defecate on private land without permission of the landowner, or is allowed to defecate on public land without cleaning up and disposing of the waste immediately;
C. 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;
D. Chase vehicles, bicycles, skateboarders, etc., in public streets, alleys, parks or public ways;
E. Cause annoyance to any person by prolonged barking, howling, yelping or other means during the times provided in subsection 5-2-7A of this title;
F. Rummage through or scatter garbage or rubbish;
G. Repeatedly run at large;
H. Run at large and is an unneutered male.
OFF LEASH: A dog off the premises of the owner, keeper, or custodian of the dog not under physical restraint on a "leash" as defined herein even though the owner, keeper, or guardian is accompanying the dog.
OFFICER: 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 town or county to carry out and enforce each entity's respective animal control ordinances.
ON LEASH: A dog which is under physical restraint on a leash not more than six feet (6') in length.
OWNER: 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 on or about any premises occupied by that person.
PERSON: Any individual, partnership, firm or corporation, trust, association or other legal entity.
POTBELLIED PIG: Any domestic pig kept as a pet.
PROVOCATION: Any teasing, abusing or assaulting of a dog.
QUARANTINE: 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 local law enforcement officer.
RABIES VACCINATION: The inoculation of an animal with antirabies 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.
RESTRAINT: Attached to and controlled by a leash, not to exceed six feet (6') 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.
SERIOUS OR SEVERE INJURY: 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.
UNPROVOKED: 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.
VICIOUS DOG: Any dog that has:
A. Caused death or serious or severe injury to a person engaged in a lawful activity; or
B. Attacked or bitten without provocation a person engaged in a lawful activity; or
C. While off the property of its owner and without provocation, killed or seriously injured another animal; or
D. Ever been trained for dogfighting or has ever been owned, kept or harbored for the purpose of dogfighting.
WILDLIFE: Skunks, foxes, raccoons, bats, wolves, wolf hybrids, bobcats, bears, mountain lions, deer, elk, and any other species of normally nondomesticated animals. (Ord. 135, 11-5-2010; amd. Ord. 137, 12-8-2011; Ord. 141, 1-12-2017)