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5-2-2: ANIMALS ALLOWED WITHIN CITY LIMITS:
   A.   The following animals may be kept in city limits:
      1.   Dogs;
      2.   Cats;
      3.   Ferrets;
      4.   Chickens, turkeys, or ducks; and
      5.   Livestock, but no more than two (2) total animals above the age of one (1) year. Pigs must weigh less than one hundred and fifty (150) pounds.
   B.   Animals other than dogs and cats shall be located or kept at least twenty-five feet (25') away from the dwelling of another person. (Ord. 3282, 7-13-2020)
5-2-3: ANIMAL LICENSES:
   A.   A person who keeps or harbors a dog over six (6) months of age within the city for more than fourteen (14) consecutive days shall obtain a dog license.
      1.   To obtain a dog license, the owner of the animal shall:
         a.   Submit a completed application provided by the city;
         b.   Provide current proof of rabies vaccination for the animal being licensed, which rabies vaccination must remain current and unexpired or the associated license automatically becomes void; and
         c.   Pay the associated license fee.
   B.   A person who keeps or harbors more than two (2) dogs or two (2) cats over six (6) months of age within the city for a period longer than fourteen (14) consecutive days shall obtain a multiple animal license.
      1.   To obtain a multiple animal license, the owner of the animals shall:
         a.   Submit a completed application provided by the city;
         b.   Provide current proof of rabies vaccination for each animal being licensed, which rabies vaccinations must remain current and unexpired or the associated license automatically becomes void;
         c.   Provide written confirmation from the animal control officer that the premises at which the animals are to be kept has been inspected for compliance with the requirements of section 5-2-3(B)(2)of this code;
         d.   Provide a written recommendation from the animal control officer that the license should be granted; and
         e.   Pay the associated license fee.
      2.   Multiple animal license applicants and holders shall do the following or the city will deny the license application or may revoke the license if already issued:
         a.   Maintain an enclosure or enclosures that are adequate to house the animals;
         b.   Regularly dispose of animal excreta so it does not become a nuisance or a health hazard;
         c.   Provide proper food, water, shelter, and general care for all animals;
         d.   Comply with all zoning and business license requirements if operating a commercial kennel as defined in Title 11 of this code; and
         e.   Commit no violations of the provisions of this chapter, provided, however, that a person's eligibility for a multiple animal license will be restored once the person has gone two (2) years without such a violation.
   C.   A person who keeps or harbors a dog that has been designated as dangerous pursuant to section 5-2-7 of this code shall obtain a dangerous dog license.
      1.   To obtain a dangerous dog license, the owner of the animal shall:
         a.   Submit a completed application provided by the city;
         b.   Provide current proof of rabies vaccination for the animal being licensed, which rabies vaccination must remain current and unexpired or the associated license automatically becomes void;
         c.   Provide written confirmation from the animal control officer that the premises at which the dog is to be kept has been inspected for compliance with the requirements of section 5-2-3(C)(2) of this code; and
         d.   Pay the associated license fee.
      2.   Dangerous dog license applicants and holders shall do the following or the city will deny the license application or automatically revoke the license if already    issued:
         a.   Maintain an enclosure on the premises where the dog is kept that prevents entry by children, is shut-in on all sides, including the top, to prevent the dog from escaping the premises, and provides the dog with protection from the elements;
         b.   Post the premises where the dog is kept with clearly visible and readable warning signs that a dangerous dog is on the premises;
         c.   Obtain from an insurer qualified under the laws of the state either a surety bond in an amount no less than one hundred thousand dollars ($100,000.00) that is payable to any person injured by the dangerous dog, or a policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under the laws of the state in the amount of no less than one hundred thousand dollars ($100,000.00) that insures the owner for any personal injuries inflicted by the dangerous dog; and
         d.   Present the animal control officer with proof that the dog has been microchipped.
   D.   Regardless of issuance date, a license granted pursuant to this chapter automatically expires at 11:59 p.m. on December 31 of the calendar year for which the license was issued. A new license shall be obtained for each calendar year.
   E.   A license issued pursuant to this chapter is non-transferable. If ownership of an animal changes during the license year, the new owner shall obtain all required licenses within fourteen (14) days of acquiring the animal.
   F.   Every licensed dog must bear either its license tag or another tag engraved with its license number on a collar or harness when not located on the owner's property. (Ord. 3282, 7-13-2020)
5-2-4: RABIES VACCINATIONS:
   A.   A dog, cat, or ferret located within the city must have a valid rabies vaccination if the animal is over three (3) months of age. Vaccination must be administered by a veterinarian licensed pursuant to 37-18-305, MCA, or under the direct supervision of such a veterinarian.
   B.   All rabies vaccinations must remain current and unexpired. Failure to maintain a current, unexpired rabies vaccination automatically voids any license issued pursuant to this chapter.
   C.   Proof of valid rabies vaccination is required upon demand by the animal control officer or a police officer of the city. Proof can be in the form of vaccination records from a licensed veterinarian. (Ord. 3282, 7-13-2020)
5-2-5: PROHIBITED BEHAVIOR OF ANIMALS, OWNERS, AND RESPONSIBLE PERSONS:
   A.   It is unlawful and an owner or responsible person may be cited if a dog:
      1.   That is off the owner's or responsible person's property charges or approaches a human with an attitude of attack.
      2.   Bites or causes injury to a human or domesticated animal.
      3.   Makes noise continuously, on three separate occasions, over a seven-day period:
         a.   For longer than thirty (30) minutes; or
         b.   At separate and distinct time periods that, when considered together, amount to a time greater than sixty (60) minutes out of any twelve (12) hour period.
   B.   It is unlawful and an owner or responsible person may be cited if the owner or responsible person:
      1.   Allows an animal to run at large or leaves an animal unattended or picketed upon the right-of-way, city park, open space, or other public facility;
      2.   Fails to remove and properly dispose of any excreta deposited by their animal on public property or private property not belonging to the owner or responsible person;
      3.   Fails to remove and properly dispose of excreta deposited on the owner's or responsible person's property on a weekly basis;
      4.   Abandons an animal in city limits;
      5.   Fails to surrender an animal when the animal control officer is either required or permitted to seize the animal by city ordinance;
      6.   Fails to keep a dog on a leash of ten feet (10') or less that is held by a person physically able to control the dog when the dog is not confined within an enclosure or on the owner's property, unless:
         a.   The dog is within a designated open space or any natural park as defined in section 7-12-1 of this code and is more than one hundred (100) yards from a trailhead, is within the owner's or responsible person's sight, and is under the person's voice control; or
         b.   The dog is within a fenced area of a dog park designated by the city commission and is within the owner's or responsible person's sight and under the person's voice control.
   C.   A person cited under section 5-2-5(A) of this code may assert as an affirmative defense that the dog was responding to a provocation, an offense upon a person, or an unreasonable trespass upon the property of a person. (Ord. 3282, 7-13-2020)
5-2-6: BITE REPORTING, RABIES, AND QUARANTINE:
   A.   Any person with knowledge that an animal has bitten a human shall promptly make a report of the bite to the animal control officer.
   B.   Every physician or other medical practitioner shall report to the animal control officer the name and address of any person treated for an animal bite.
   C.   Upon suspicion that a person has sustained a bite that may have exposed the person to rabies, the animal control officer shall order that the biting animal be quarantined for no less than ten (10) days. If the animal control officer does not believe the biting animal has been exposed to rabies, the animal control officer may, at his or her sole and absolute discretion, allow the animal to be quarantined on the premises of the owner. If the biting animal is not quarantined on the premises of the owner, quarantine shall occur at a veterinary hospital, veterinarian's office of the owner's choice, or at any other place approved by the animal control officer, all at the owner's expense. The biting animal shall not be released from quarantine except by permission of the animal control officer.
   D.   If the animal control officer suspects an animal has been exposed to rabies, the animal control officer may immediately seize the animal for placement in quarantine at a veterinary hospital or veterinarian's office, all at the owner's expense. The owner can only reclaim the animal upon compliance with the licensing provisions of this chapter, payment of any accrued quarantine fees, and confirmation that the animal is free of rabies.   
   E.   If a quarantined animal dies while under observation and a veterinarian has diagnosed a quarantined animal as rabid or suspects the animal is rabid, the veterinarian or the animal control officer shall promptly send the animal's head to a competent laboratory for pathological examination. The animal control officer shall notify the proper public health office of the examination results as well as any reports of the animal's contact with humans. (Ord. 3282, 7-13-2020)
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