Full Ordinance Name:  Butte-Silver Bow County, Montana, Code of Ordinances. Title 6: ANIMALS. Chapter 6.04: ANIMAL CONTROL §§ 6.04.010, 6.04.030, 6.04.150 to 6.04.220, 6.04.260, 6.04.292

6.04.010 - Definitions.

Within the provisions of this chapter the following definitions shall apply:

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L. "License" means the current year registration issued by the treasurer for a specific dog for the fee set out in Section 6.04.160 and includes:

1. A metallic tag stamped with an identifying serial number, which tag is to be attached to the collar or harness worn by the dog; and

2. A certificate which bears the same serial number as the metallic tag and contains the name and address of the owner of the dog, a description of the dog, and the date the dog was last vaccinated for rabies. The date of rabies vaccination must be verified by a certificate of vaccination issued by a veterinarian.

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(Ord. 370 § 1, 1990: Ord. 133 § 3 (A—K), 1981)
(Ord. No. 10-6, § 1, 10-5-2010)

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6.04.030 - Dogs and other animals prohibited on certain public property—Exceptions.

A. It is unlawful for the owner of any dog or other animal to permit the same, whether restrained or unrestrained, to be on or in any park; to enter any public pond, fountain, or stream in a public park; or to enter any public playground, school ground, or any public building. Any dog or other animal so entering or trespassing on any such property is declared to be a nuisance and shall be immediately seized and impounded unless: (1) an applicable permit has been issued by the park and recreation board as set out in subsection B; (2) the dog is assisting a sight or hearing handicapped person or (3) is being used in law enforcement as set out in subsection C.

B. A permit for organized animal obedience training or animal shows may be granted for use in designated areas of designated public parks on designated days. The permit shall be obtained from the park and recreation board. The permit shall be in writing and shall designate the public park, area of the park, the dates and the duration of the permit. A fee of one hundred fifty dollars shall be collected for each permit approved for each event. The park and recreation board may require that a bond be posted depending upon the type of event, the number of participants, and the location where the event is held.

C. Seeing eye dogs and hearing dogs (when being used for the purpose of assisting sight or hearing impaired persons) and dogs being used in law enforcement work are excluded from this section.

D. Upon conviction, the minimum fine for violation of this section shall be made on a graduated basis within a two-year period as follows: first offense, fifty dollars; second offense, one hundred dollars; third and each subsequent offense, two hundred dollars.

(Ord. 370 § 2, 1990: Ord. 138 § 2, 1981: Ord. 133 § 3, 1981)

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6.04.150 - Dog license—Required.

It is unlawful for any person, firm or corporation to own, keep or have control of any dog over the age of six months in Butte-Silver Bow unless that person, firm, or corporation procures a license therefor as hereinafter provided. Dogs becoming six months of age during the year shall be licensed as provided in this chapter. Dog licenses may be purchased from either the treasurer or the animal shelter. Impounding and boarding fees shall be paid to the animal shelter. Cash bail in accordance with established bond schedules may be posted at either the animal shelter or the office of the parking commission in lieu of appearance in city court for violation.

(Ord. 133, § 16, 1981)

6.04.155 - Dog shows or dogs assisting sight or hearing impaired persons.

A. No license shall be required for dogs brought into the city-county for the purpose of participating in any dog show; but such dogs must be vaccinated as required by Section 6.04.292

B. Licenses shall be required for dogs trained to assist sight or hearing impaired persons, when such dogs are actually being used by sight or hearing impaired persons, but the fees provided for in Section 6.04.160 shall be waived; but such dogs must be vaccinated as required by Section 6.04.292

C. Licenses shall be required for dogs trained to assist law enforcement officers, but the fees provided for in Section 6.04.160 shall be waived; but such dogs must be vaccinated as required by Section 6.04.292

(Ord. 370, § 12, 1990)

6.04.160 - Dog license—Fee.

The license fee for each dog shall be twenty-five dollars for a five-year license or seventy-five dollars for a lifetime license, subject to the provisions of section 6.04.170. The penalty for failure to obtain this license shall be fifty dollars for a first offense and one hundred fifty dollars for a second or subsequent offense.

(Ord. 370, § 13, 1990: Ord. 133, § 17, 1981)
(Ord. No. 10-6, § 8, 10-5-2010)

6.04.170 - Dog license—Date due—Penalty for nonpayment—Rabies vaccination (Effective January 1, 1991).

A. Beginning January 1, 2011, dog licenses shall be issued by animal control services. Such licenses granted under this chapter shall be issued by animal control services upon proof that the animal has a current rabies vaccination and upon payment of a five-year license fee or a lifetime license fee. The five-year license registration shall expire on the last day of the month five years from the month of issuance and shall become delinquent on the first day of the following month or shall expire when such rabies vaccination is no longer current, whichever comes first. The lifetime license shall expire when such rabies vaccination is no longer current. If the license fee above provided for is not paid, the penalty set forth in section 6.04.160 shall be imposed.

B. Dogs must have a current certificate of vaccination for rabies issued by a veterinarian before a license may be issued. Such certificate is current if the vaccine was administered by a veterinarian according to the following schedule:

1. The first antirabies vaccine shall be administered when the dog is three months of age;

2. The second antirabies vaccine shall be administered twelve months after the first vaccination;

3. All subsequent antirabies vaccinations shall be administered every twenty-four months.

(Ord. 370, § 14, 1990: Ord. 133, § 18, 1981)
(Ord. No. 10-6, § 9, 10-5-2010)

6.04.180 - Dog license—Information required on application.

The owner shall, at the time of application for a license, state upon the application form the name and address of the owner, and the name, breed, color, sex and age of the dog.

(Ord. 370, § 15, 1990: Ord. 133, § 19, 1981)

6.04.190 - (Reserved)

6.04.200 - Dog shows, seeing-eye and hearing dogs.

The provisions of this chapter with respect to registration and licensing shall not apply to dogs brought into the jurisdictional area for the sole purpose of participation in any dog show, nor to seeing-eye dogs trained to assist blind persons, when such dogs are actually being used by blind persons, nor to "hearing dogs" when such dogs are actually being used for deaf persons.

(Ord. 133, § 20, 1981)

6.04.210 - Dog tag—Collar or harness.

Upon receipt of a proper application, proof of vaccination, and the license fee, the treasurer shall issue to the applicant a license certificate and metallic tag. The shape of the tag shall be changed each year and shall have stamped thereon the year for which it was issued and the number corresponding with the number on the certificate. Every owner is required to provide each dog with a substantial collar or harness, to which the license tag shall be affixed at all times. Except as provided in section 6.04.155, any dog found off the owner's premises without a license tag shall be deemed to be not licensed, even though a license has been issued for such dog. In the event that a dog tag is lost or destroyed, a duplicate shall be issued by the treasurer upon presentation of an affidavit to that effect, along with a receipt or duplicate receipt showing payment of the license fee for the current year, and the payment of one dollar for such duplicate. License tags are not transferable from one dog to another and it is unlawful for any person to cause or permit a license tag to be placed upon a dog for which it was not issued. Any dog found with a license tag issued for another dog shall be deemed to be not licensed. No refunds shall be made on any dog license fee because of the death of the dog or because the owner left the city-county before the expiration of the license period.

(Ord. 370, § 17, 1990: Ord. 133, § 21, 1981)

6.04.220 - Unlicensed dogs—Impoundment authorized.

It is unlawful for any person to keep, harbor, maintain, or feed any dog for which no current license has been obtained, or upon which no tag has been placed and kept as required by this chapter. The animal control officer or any law enforcement officer shall have the authority to seize and impound any dog not currently licensed and tagged, and to dispose of such dog as provided in this chapter.

(Ord. 370, § 18, 1990: Ord. 133, § 22, 1981)
(Ord. No. 10-6, § 10, 10-5-2010)

. . .

6.04.260 - Impounded dogs or cats—Collection of fees from owner.

A. Before any dog or cat is released from the animal shelter, the owner shall provide proof that the dog or cat has been vaccinated for rabies and is currently immunized as required by section 6.04.292 and shall pay an impounding fee of fifty dollars for the first offense, seventy-five dollars for second offense, and one hundred dollars for third and each subsequent offense plus a fee of fifteen dollars for each day or fraction of a day that the dog or cat has been impounded and shall pay the full cost of any veterinary services incurred in treating the dog or cat while impounded, including the cost of a current rabies vaccination, if necessary.

B. In addition to those fees set forth in subsection A of this section, the owner shall obtain the license for such dog as provided in Section 6.04.150 unless satisfactory proof is produced that such license has been obtained. If the person claiming the dog does not produce satisfactory proof that the dog is licensed, such person shall post a bond in the amount of seventy-five dollars, which bond shall be returned to the person claiming the dog if satisfactory proof of licensing is furnished within four months of claiming the dog.

C. All forfeited bonds shall become the property of the Humane Society.

(Ord. 00-20 § 2, 2000; Ord. 00-4 § 2, 2000: Ord. 370 § 22, 1990: Ord. 133 § 25, 1981)
(Ord. No. 10-6, § 14, 10-5-2010)

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6.04.292 - Vaccination for rabies.

A. Dogs or Cats. The owner of every dog or cat kept, harbored or maintained within the city-county which is three months old or older shall, at such owner's expense, cause such dog or cat to be vaccinated for rabies by a licensed veterinarian. Except for the first antirabies vaccine which be administered when the dog or cat is three months of age and has an effective term of twelve months, only vaccines with at least two-year duration of immunity may be used. The owner of any such dog or cat who shall for thirty days willfully fail to have such dog or cat vaccinated is guilty of a misdemeanor. The veterinarian vaccinating such dog or cat shall give to the owner a rabies vaccination certificate and a metallic vaccination tag. The veterinarian shall retain a copy of the vaccination certificate for such period as the public health officer of the city-county shall prescribe. The owner of such dog when applying for the license as provided in section 6.04.170 shall present either the vaccination tag or the original vaccination certificate as proof of vaccination.

B. Livestock. It is neither economically feasible nor justified from a public health standpoint to vaccinate all livestock against rabies. However, consideration should be given to the vaccination of livestock located in areas where wildlife rabies is epizootic, especially animals which are valuable and/or may have frequent contact with humans.

C. Wild Animals. Vaccination of wildlife is not recommended since no rabies vaccine is licensed for use in wild animals. Wild animals susceptible to rabies should not be kept as pets. Offspring of wild animals bred with domestic dogs or cats are considered wild animals.

(Ord. 370 § 24, 1990)
(Ord. No. 10-6, § 16, 10-5-2010)

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