5-2-9: DUTY TO GIVE AID UPON STRIKING ANIMAL WITH MOTOR VEHICLE:

The operator of a motor vehicle that strikes, injures, maims, or runs down any domesticated animal shall immediately notify law enforcement or give aid to such animal. (Ord. 3282, 7-13-2020)

5-2-10: KEEPING OF APIARIES:

   A.   An apiary is permitted within city limits in the following circumstances only:

      1.   For exhibition in one (1) observation hive of no more than three (3) frames, each no larger than ten inches by twenty inches (10" x 20") in size, and with no more than two (2) pounds of bees in the hive; and

      2.   When owned by a hobbyist beekeeper who is licensed and regulated by this chapter.

   B.   A hobbyist beekeeper may own, use, or maintain a hobbyist apiary site within city limits if the hobbyist beekeeper first obtains an annual apiary license from the city. To obtain an apiary license, a hobbyist beekeeper shall:

      1.   Have no more than two (2) hives at a hobbyist apiary site that is registered with the Montana Department of Agriculture, pursuant to section 80-6-114, MCA;

      2.   Certify that the hobbyist beekeeper is the owner of the bees and that the hobbyist beekeeper will personally manage, maintain and operate the apiary site;

      3.   Notify the city of the species of bees the hobbyist beekeeper will tend at the hobbyist apiary site;

      4.   Provide proof that the hobbyist apiary site will utilize hives that are movable and framed with adequate space in the hive to prevent overcrowding and swarming;

      5.   Agree that the hobbyist apiary site must be re-queened or united with another hive following any swarming or aggressive behavior by the bees of that site or any hive therein;

      6.   Agree that the hobbyist apiary site may not be manipulated between the hours of sunset and sunrise unless the hives are being moved to or from another location or for public safety; and

      7.   Present a site plan of the hobbyist apiary site showing:

         a.   That the hobbyist apiary site is located on property owned or leased by the hobbyist beekeeper;

         b.   Availability of a water source that is within twenty feet (20') of the hobbyist apiary site for the active duration of the site; and

         c.   That the hobbyist apiary site will either be kept at least fifteen feet (15') from the boundary lines of adjacent property owned by another person or that there is a barrier no less than six feet (6') high that prohibits the direct flight of bees that is erected between the site and adjoining property. (Ord. 3282, 7-13-2020)

5-2-11: FEEDING DEER:

A person may not purposely or knowingly provide supplemental feed to deer. (Ord. 3282, 7-13-2020)

5-2-12: TRAP-NEUTER-RETURN (TNR) PROGRAMS:

Trap-Neuter-Return (TNR) is permitted by the city as follows:

   A.   City of Helena Animal Control Officers or Rescue groups under the direction and partnership with the City of Helena Animal Control Officers, conducting a TNR program within the city must:

      1.   Trap cats using humane trapping techniques;

      2.   Have cats assessed visually by a veterinarian prior to being spayed or neutered. If a cat is deemed to be sick or injured based on the examination, or there is concern about potential illness or injury, the veterinarian will make further decisions regarding the cat's quality of life, including euthanasia decisions if necessary;

      3.   Have cats spayed or neutered if they are deemed healthy by a veterinarian at the time of surgery;

      4.   Have cats vaccinated for rabies if over three months old, and Feline Viral Rhinotrachetis, Calcivirus, and Panleukopenia;

      5.   Have cats that are spayed or neutered eartipped.

      6.   Cats must be returned to their original location unless the original location is deemed unsafe or uninhabitable by the Rescue Group conducting the TNR program.

      7.   Cat bites must be reported to Animal Control.

   B.   City of Helena Animal Control Officers and Rescue groups conducting a TNR program within the City shall make available to the public information about TNR and feral cats, shall attempt to notify the appropriate Community Cat Caregiver when conducting a TNR program, shall provide a single point of contact to Animal Control for the coordination of TNR.

   C.   Persons who contact Animal Control regarding stray or community cats shall be provided information about TNR.

   D.   The licensing regulations in this Chapter are not applicable to any person or Rescue Group that is providing care for feral or community cats and is making a reasonable effort to trap and sterilize the animals. (Ord. 3312, 6-12-2023)

5-2-13: ENFORCEMENT:

   A.   A person found to be in violation of any section of this chapter not relating to dangerous dogs shall be subject to a fine of no more than five hundred dollars ($500.00) for each violation. Each day of operation in violation of this chapter constitutes a separate violation. In addition, the person may be required to pay restitution.

   B.   A person found to be in violation of any section of this chapter relating to dangerous dogs shall be subject to a fine of five hundred dollars ($500.00) for each violation. In addition, the person may be required to pay restitution. Each day of operation in violation of this chapter constitutes a separate violation.

   C.   Governmental agencies, humane societies, animal shelters, and veterinary clinics shall not be subject to the provisions of this chapter. (Ord. 3282, 7-13-2020; amd. Ord. 3312, 6-12-2023)

5-2-14: APPLICATION:

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter is not affected. (Ord. 3282, 7-13-2020; amd. Ord. 3312, 6-12-2023)