A. Restraint: All dogs and cats shall be kept under restraint. (Ord. 2011-10, 7-6-2011)
B. Tethering: It shall be unlawful for a responsible party to tether the dog while outdoors, except when all of the following conditions are met:
1. The dog is in visual range of the responsible party, and the responsible party is located outside with the dog.
2. The tether is connected to the dog by a buckle type collar or a body harness made of nylon or leather, not less than one inch (1") in width.
3. The tether has the following properties: it is at least five (5) times the length of the dog's body, as measured from the tip of the nose to the base of the tail; it terminates at both ends with a swivel; it does not weigh more than one-eighth (1/8) of the dog's weight; and it is free of tangles.
4. The dog is tethered in such a manner as to prevent injury, strangulation, or entanglement.
5. The dog is not outside during a period of extreme weather, including, without limitation, extreme heat or freezing temperatures.
6. The dog has access to water, shelter, and dry ground.
7. The dog is at least six (6) months of age. Puppies shall not be tethered.
8. The dog is not sick or injured.
9. Pulley, running line, or trolley systems are at least fifteen feet (15') in length and are less than seven feet (7') above the ground.
10. If there are multiple dogs, each dog is tethered separately. (Ord. 2012-08, 1-2-2013)
C. Dangerous Animals:
1. "Dangerous animal" in addition to the definition of dangerous dog or cat in section 6-2-1 of this chapter, means any animal that in the absence of intentional provocation:
a. Inflicts bodily injury to a person on public or private property; or
b. While on the owner's and/or keeper's property causes bodily injury to a person; or
c. While off the owner's and/or keeper's property kills a domestic animal, excluding birds, rodents and reptiles; or
d. Is 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
e. Is previously convicted of potentially dangerous animal and while on or off the owner's and/or keeper's property chases or approaches a person in a menacing fashion or apparent attitude of attack by charging, growling, snapping, raising hackles, harassing, chasing, attempting to bite or stalking; or inflicts bodily injury to a person or small animal; or
f. 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.
2. Any owner and/or person who keeps, feeds, harbors or allows to stay about the premises occupied or controlled by him/her within the City any animals found to be a dangerous animal is guilty of maintaining a public nuisance and is guilty of a misdemeanor, punishable by up to six (6) months in the County Jail, a five hundred dollar ($500.00) fine, or both.
An animal is presumed to be a dangerous animal if it has demonstrated any of the behaviors set forth in subsection C1 of this section. Such presumption is rebuttable. Upon conviction of maintaining a public nuisance with a dangerous animal, euthanasia of the animal may be ordered by the court. The court shall order euthanasia of an animal involved in a fatal attack on a person. Euthanasia may be ordered even if an owner is unable to be notified if due diligence is used to locate an owner or keeper.
If the same animal is involved in a second offense, euthanasia of the animal is mandatory.
If euthanasia is not ordered after first offense conviction, the court shall order that an identifying microchip be implanted by a licensed veterinarian at the owner's expense, identifying the animal as a dangerous animal. After implantation of the identifying microchip, the animal must be kept in a fully enclosed area unless on a leash with a muzzle. The owner or keeper of the dangerous animal must keep Hardin City Animal Control notified of the animal's address and any changes in address. The owner or keeper must also notify Hardin City Animal Control of any change of ownership. Any new owner or keeper shall be fully responsible for the dangerous animal, just as the previous owner or keeper. If after first conviction, the animal is impounded for any other reason such as a running at large, the court may order the animal to be euthanized.
3. Upon report of a dangerous animal, the Big Horn County Sheriff's Office, Hardin City animal control officer, or any other law enforcement agency may impound and quarantine the dangerous animal involved pursuant to this subsection C and in accordance with ARM 32.3.1204. The owner shall be liable for any impoundment fees, regardless if the animal is released or euthanized.
4. This is an absolute liability offense, a mental state is not necessary for conviction.
5. Upon petition of victim(s), prosecuting attorney or law enforcement, the court shall consider euthanasia of dangerous animal for a first offense.
6. Law enforcement must notify local health officials of any biting incident, in order that procedures of ARM 37.114.571 may be followed. (Ord. 2018-11, 9-4-2018)
D. Nuisance: No chicken, dog or cat shall be allowed to cause a nuisance.
E. Owner Responsible: The owner of every dog or cat shall be held responsible for every behavior of such dog or cat under the provisions of this chapter.
F. Identification: Dog and cat owners shall ensure that their dog or cat carries identification at all times in the form of microchip, tag, or other means to allow easy determination of the owners. (Ord. 2011-10, 7-6-2011; amd. Ord. 2012-08, 1-2-2013; Ord. 2023-03, 5-16-2023)