Town of Bridger

Title 6: Animals (2013)

Title 6 ANIMALS

 

Chapters:

6.04 General Provisions

6.08 Licenses and Regulations

6.12 Impoundment

 

 

 

Chapter 6.04 GENERAL PROVISIONS

 

Sections:

Article I. Animal Regulations

6.04.010 Definitions.

6.04.020 Keeping of wild animals.

6.04.030 Offensive barns.

6.04.040 Animal waste.

6.04.050 Livestock.

6.04.060 Apiary prohibited.

6.04.070 Other animals.

6.04.080 Permits.

6.04.090 Cruelty to animals.

6.04.100 Violation of article--Penalty.

 

Article II. Trapping

6.04.110 Trapping prohibited--Exception.

6.04.120 Violation of article--Penalty.

 

Article I. Animal Regulations

 

6.04.010 Definitions.

When used in this title, the following words and phrases have the meanings ascribed to them in this section.

“At large” means an animal which is not confined to the land of its owner or other person in charge thereof, or which is not under leash.

“Keeping” means owning, maintaining, sheltering, harboring, or otherwise retaining control over, or possession of, an animal.

“Kennel” means any premises or property of any kind or description where more than three dogs or cats are kept.

“Law enforcement officer” means, for the purpose of dealing with animals, any authority by whatever name authorized by the town to enforce this code.

“Owner” means any person keeping an animal.

“Vaccinate” means the inoculation of a dog or other animal with an antirabies vaccine by any licensed veterinarian. (Prior code § 5-1-01)

6.04.020 Keeping of wild animals.

A. For the purposes of this section, a “wild animal” is defined as any live monkey (nonhuman primate) , raccoon, skunk, fox, poisonous snake, leopard, panther, tiger, lion, lynx, or any warm-blooded animal from the wild state.

B. No person shall keep or permit to be kept on his or her premises any wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animal exhibitions, or circuses.

C. No person shall keep or permit to be kept any wild animal as a pet.

D. The animal warden shall have the power to release or order the release of any young wild animal kept under permit which is deemed capable of survival. (Prior code § 5-1-02)

 

6.04.030 Offensive barns.

Any barn, stable, building, shed, yard or other place wherein any animal is or has been kept, which barn, stable, building, shed, yard or other place is suffered to become filthy or offensive to neighbors or passersby, or injurious to the health of any neighborhood, or tends to contaminate the atmosphere in any place in the town is declared to be a nuisance. (Prior code § 5-1-03)

 

6.04.040 Animal waste.

The owner or custodian of every animal shall retrieve and remove all excreta deposited by his or her animal on public walkways or public recreation areas. (Prior code § 5-1-04)

 

6.04.050 Livestock.

A. The keeping of goats and swine within the limits of the town is prohibited.

B. No person owning or having control of a horse, bovine, sheep, goat, swine, chicken, duck, turkey, or other livestock animals, shall allow any such animal to be at large.

C. The keeping of horses, donkeys, mules, sheep, cattle, other livestock, and chickens, within the limits of the town without a permit is prohibited. (Prior code § 5-1-05)

 

6.04.060 Apiary prohibited.

No person shall keep or maintain, on any premises, property or place in the town, hives or colonies of bees. (Prior code § 5-1-06)

6.04.070 Other animals.

The keeping of dogs, geese, guineas, peafowl, pigeons, rabbits, and other rodents within the limits of the town is permitted, provided that the aggregate number of such animals kept within any one household or on any one premise does not exceed three animals. The keeping of more than three animals is prohibited, except that when a natural increase of the number of such animals occurs, the owner shall have forty-five (45) days to dispose of the number of animals in excess of three. (Prior code § 5-1-07)

 

6.04.080 Permits.

A. When a permit is required to keep an animal, the owner of the animal shall secure the permit from the authorized animal control person, or from the town clerk. Permits shall be granted for a period no longer than one year, and will expire on the thirtieth (30th) day of April of each year. A new permit shall be secured no later than the first day of May of each year that an animal is kept. The fee for the permits shall be as stated in the table of fees in the appendix to this code.

B. No permit for the keeping of horses, sheep, or cattle shall be granted unless one half acre of pasture is provided for each horse, bovine, or four sheep. No permit for the keeping of chickens shall be granted unless the chickens are kept penned at all times, and the number of chickens maintained is not so great as to cause undue noise or commotion in the neighborhood.

C. All animals kept within the town limits of the town shall be maintained in a clean and sanitary condition. It is unlawful to keep animals within a small area, in which manure accumulates, which draws flies, or which provides odor.

D. The animal control warden may revoke or suspend any resident’s license when that resident violates any provision of this code. (Amended during 2002 codification; prior code § 5-1-08)

 

6.04.090 Cruelty to animals.

It is prohibited for any person to wilfully or cruelly inflict pain upon, or injure, any animal. No animals shall be kept within the town limits in such a manner that it is not properly fed or cared for, or provided with adequate supply of water. Upon application made by an animal warden, the town court may order impounded and held, pending disposition of any complaint filed under MCA 45-8-211, any animal being apparently mistreated or neglected, with costs of confinement to be paid by the owner. (Prior code § 5-1-09)

6.04.100 Violation of article--Penalty.

Failure to comply with any of the requirements of this article shall be punishable in accordance with general penalty provisions of this code, unless otherwise specifically stated. (Prior code § 5-1-010)

 

Article II. Trapping

 

6.04.110 Trapping prohibited--Exception.

Use of traps within the town, for the purpose of trapping animals, unless the same is a live animal trap, is prohibited, with the exception that the town, through its properly authorized agents and employees, shall be authorized to trap when deemed in the best interest of the health and safety of the town, or the town’s property. (Prior code § 5-5-01)

 

6.04.120 Violation of article--Penalty.

Penalty for violation of this article shall be the same as the general penalty of this code. (Prior code § 5-5-02)

 

Chapter 6.08 LICENSES AND REGULATIONS

 

Sections:

6.08.010 Collar and license for dog.

6.08.020 Licensing generally.

6.08.030 Licenses and fees.

6.08.040 License tags.

6.08.050 Dogs prohibited in town parks.

6.08.060 Dogs creating a nuisance.

6.08.070 Dogs may be required to be confined or muzzled.

6.08.080 Dogs creating a nuisance--Warning.

6.08.090 Female small animals.

6.08.100 Penalty for failure to license.

 

6.08.010 Collar and license for dog.

It is unlawful for any person to keep any dog over the age of five months unless the dog has attached to its neck a substantial collar to which is fastened a valid license tag issued by the town. (Ord. 38 § 1 (part), 2001: prior code § 5-2-01)

 

6.08.020 Licensing generally.

A. Dog licenses shall be obtained at the town hall. The owner of the dog shall pay the license fee as set forth in the table of fees, and shall present a certificate from a licensed veterinarian showing that the dog has received a rabies vaccination which will remain viable for the period of the license, so long as the dog is old enough to have received said vaccination. Licenses shall be issued for the period of one year, being from May 1st to April 30th. For the purposes of determining the license fee, the owner of a spayed female dog or a neutered male dog shall present a certificate of a licensed veterinarian showing that the dog has been spayed or neutered. Licenses for spayed or neutered dogs may be issued without necessity of presentation of the certificate for successive years.

B. The owner shall, at the time application for a license is made, state upon a printed form provided for that purpose, the name and address of the owner, the name, breed, color, sex, age, and if the animal has been spayed or neutered, of each animal owned or kept by the owner; also the date vaccinated for rabies and the signature of the veterinarian who vaccinated the small animal.

C. A grace period of thirty (30) days shall be provided for parties who move to town with animals, or for parties who acquire new animals. After the dog has been kept within the town for thirty (30) days, licenses shall be required. (Prior code § 5-2-02)

 

6.08.030 Licenses and fees.

The license tags and permit fees for dogs and other animals within the town shall be as established from time to time by ordinance. (Ord. 38 § 1 (part), 2001: prior code § 5-2-03)

 

6.08.040 License tags.

Upon licensing or renewal, there shall be delivered to the dog’s owner a tag of metal or other permanent substance, to be fastened to the dog’s collar. The tag shall state the year of the license, and shall bear a unique serial number. The serial number of the tag and the owner’s name and address shall be recorded together in the registry of dogs to be maintained at the town hall. (Prior code § 5-2-04)

 

6.08.050 Dogs prohibited in town parks.

A. No Dogs in Parks. Dogs are prohibited from entering upon any park within the town, including any walkway, path or sidewalk extending across or over any park within the town.

B. Violation a Misdemeanor. The owner of a dog who enters a park in violation of this section is guilty of a misdemeanor and shall be punished by a fine not to exceed five hundred dollars ($500.00). (Ord. 30 § 3, 2000: prior code § 5-2-05)

 

6.08.060 Dogs creating a nuisance.

It is unlawful to keep a dog which:

A. Causes injury to other persons or property;

B. Chases or harasses persons or vehicles not trespassing upon the owner’s property;

C. Unreasonably disturbs the peace of the town by undue howling or barking;

D. Does or probably will chase, intimidate or harass other individuals. (Ord. 30 § 1 (part), 2000; prior code § 5-2-06)

6.08.070 Dogs may be required to be confined or muzzled.

Whenever danger to the public safety is imminent, the animal control warden, or the mayor, may require that all dogs located within the town limits be confined on the premises of their owner, or that they be securely muzzled. (Ord. 30 § 1 (part), 2000; prior code § 5-2-07)

 

6.08.080 Dogs creating a nuisance--Warning.

Whenever in the judgment of the animal control warden or the mayor, a dog is creating a serious nuisance, as an alternative to a first offense, the animal control warden or mayor may issue a warning to the owner of the dog, requiring that the dog be secured in a manner in which it cannot disturb the peace, or requiring that the dog be removed from the town limits. In the event that the warning is not heeded, an offense shall result in the issuance of a citation. (Ord. 30 § 1 (part), 2000: prior code § 5-2-08)

 

6.08.090 Female small animals.

Every person having under his/her control any female small animal in heat (i.e., in the oestrual period) shall confine such small animal in a house, garage or other enclosed area. The female small animal shall be contained in such a manner that the female cannot come into contact with a male of the same species except for planned breeding. Such female not so confined is a public nuisance, and the owner or other person in control of such small animal is guilty of maintaining a public nuisance and upon conviction shall be guilty of a misdemeanor. The animal control officer or any police officer shall immediately abate every such nuisance by impounding such small animal. (Ord. 30 § 1 (part), 2000: prior code § 5-2-09)

 

6.08.100 Penalty for failure to license.

The fees and charges for failure to license animals shall be as established from time to time by ordinance. (Ord. 38 § 1 (part), 2001: prior code § 5-0-10)

 

Chapter 6.12 IMPOUNDMENT

 

Sections:

6.12.010 Seizure and impounding.

6.12.020 Notice of impoundment.

6.12.030 Duty of town.

6.12.040 Redemption of impounded animals.

6.12.050 Disposition of unredeemed animals.

6.12.060 Alternative to death of animal.

6.12.070 Record of disposition.

6.12.080 Dogs not vaccinated for rabies.

6.12.090 Dogs--Seizure and disposition--Violation--Penalty.

 

6.12.010 Seizure and impounding.

Any animal kept or allowed to run at large in violation of the provisions of this title may be seized and impounded by any law enforcement officer. (Prior code § 5-3-01)

 

6.12.020 Notice of impoundment.

The impounding official shall give notice of the impoundment of any animal by causing personal service on the owner, or on some responsible person at the owner’s residence or place of business. If such person cannot be found, notice shall be given by detention of the animal and by posting the information of impoundment in two separate places in the town. (Prior code § 5-3-02)

 

6.12.030 Duty of town.

It shall be the duty of the animal control warden to see that any impounded animal has sufficient and proper food and water, also shelter and other care when needed. (Prior code § 5-3-11)

 

6.12.040 Redemption of impounded animals.

The owner must redeem the impounded animal within five days after the giving of notice, or it shall be subject to disposal under the provisions of this chapter. At the time of redemption, the owner shall pay any impounding fees as shall be set forth in the table of fees. Any law enforcement official may issue a ticket or notice to appear in court to the person redeeming any animal impounded for violation of any provision of this title. (Prior code § 5-3-20)

 

6.12.050 Disposition of unredeemed animals.

The refusal or failure of the owner to redeem the animal within the time set forth above, and to pay the impounding fees shall be held to have abandoned the animal. The animal control warden may offer the animal for sale and transfer title free and clear of all claims and interest of the previous owner. In the event that the animal is not purchased or redeemed, it may be disposed of in a humane manner by any law enforcement officer. Any impounded dog or other animal suffering from an infectious disease shall not be released, but must be put to death, unless an order otherwise has come from the animal control warden. (Prior code § 5-3-30)

 

6.12.060 Alternative to death of animal.

Whenever an animal is to be disposed of under this chapter, any person may apply to the town court for permission to remove the animal permanently from the town. Upon such person’s filing with the court his/her written agreement to remove the animal from the town and be responsible for its permanent exclusion, the town court judge may, in his/her discretion, make an order allowing the animal to be removed from the town instead of being put to death. (Prior code § 5-3-40)

 

6.12.070 Record of disposition.

The chief of police shall maintain a record of the disposition of all impounded animals, including date of impoundment, notice given, redemption or disposition, and the date of redemption or disposition. (Prior code § 5-3-50)

 

6.12.080 Dogs not vaccinated for rabies.

Any dog which has not been vaccinated for rabies after an age for which it should have been vaccinated, and which bites a human being, puncturing the skin, will be put to death in order to determine whether or not it is rabid in a manner and at a time which will allow early detection of the disease. Testing for rabies will be made at the expense of the owner of the animal. (Prior code § 5-3-70)

6.12.090 Dogs--Seizure and disposition--Violation--Penalty.

A. It is unlawful to permit any dog to run at large within the town limits.

B. All dogs shall be confined on the private property of the owner of the dog, or be within the actual physical control of the owner or his/her assignee at all times of the night or day.

C. Any law enforcement officer shall seize and impound any dog found within the town limits which is not on the private premises of its owner or within the actual physical control of the owner. The impounding officer shall give reasonable notice of the impoundment of the dog to its owner, in compliance with this code, and shall proceed to dispose of any such animal so impounded after it has been impounded for a total of five days.

D. All owners of dogs who allow their animals to run at large in violation of this code shall be guilty of a misdemeanor. The fine for allowing a dog at large shall be as established from time to time by ordinance. (Ord. 38 § 1 (part), 2001; prior code § 5-3-60)