Section 6.04.020 Definitions.
Unless the context clearly indicates otherwise, the following
definitions apply to the
provisions of this chapter.
"Animal" means any living vertebrate other than
human beings, whether wild or domestic
including but not limited to all livestock and any domestic pet.
"Animal control officer" means all peace officers
as defined in Montana State law as well as
any duly appointed employees of the city with all necessary police powers incident to the animal
control authority.
"Animal control shelter" means any premises provided
by the city or other designated facility
used to impound and temporarily care for dogs or other animals.
"At large" means off the premises of the owner
and not on a leash and/or under control of the
owner or responsible person.
"Bite" means a wound, laceration or puncture inflicted
on a person or animal by the teeth of
an animal, or an impression or bruise on the skin made by the closure of an animal's teeth, or a
seizure made by the teeth of an animal.
"Dangerous dog" means a dog which is capable of
inflicting serious injury or death on any
person or other animal and which:
1. Has, with or without provocation,
bitten a person engaged in a lawful activity;
2. Has, while off the property of
its owner and without provocation, seriously injured or
killed another animal;
3. Has anywhere, without provocation,
chased, confronted or approached a person in a
menacing fashion such as would put an average person in fear of attack;
4. Has anywhere exhibited a propensity,
tendency or disposition to attack, cause injury or
otherwise threaten the safety of persons or other animals without provocation;
5. Has attempted to bite or to attack
one or more persons; or
6. Has anywhere acted in a manner
that causes or should cause its owner to know that it is
potentially dangerous.
"Dog" means any commonly domesticated canine animal
that is a member of the species
canis familiaris or crosses thereof, and including both male and female of the species.
"Kennel" means any animal cage or fenced enclosure
specifically intended for the
confinement of one or more dogs as well as commercial kennels where the building or premises
is utilized for the business of charging fees for boarding, breeding, letting for hire or training of
animals.
Leash. The word "leash" shall include leashes,
cords, rope, chains or other similar devices no
more than six feet in length and of suitable strength to hold an animal to which attached.
"Nuisance animal" means any animal that:
1. Steals or damages either private
or public property;
2. Destroys property or other animals;
3. Chases after persons not trespassing
on the property of or injuring or attempting to injure
the person, family or property of the owner;
4. Chases any vehicles in public streets
or rights-of-way;
5. Defecates on private land without
permission, or is allowed to defecate on public land
without the person in care of the animal cleaning up and disposing of the waste immediately;
6. Enters a public area where food
is being served or consumed which is designated with
signs which prohibit animals;
7. Rummages through and/or scatters
garbage or rubbish;
8. Runs at large;
9. Is in heat without being kept in
a confined area not accessible to other animals that may
be running at large in violation of Section 6.08.060; or
10. Causes annoyance or disturbance
to any person by prolonged howling, yelping, barking,
or by any other means.
11. "Owner" means any person
possessing, harboring, keeping or having control or custody
of an animal, or any person having any financial interest, right, or property in the animal and also
includes any person who permits an animal to remain on or about any premises occupied by that
person.
"Unredeemed animal" means an impounded dog or other
animal that is not redeemed within
seventy-two (72) hours after it is taken and impounded.
"Vaccination" means the inoculation of an animal
with anti-rabies vaccine having an
effective immunity of at least one year and administered by a licensed veterinarian.
"Vicious animal" means any animal which:
1. Has caused death, serious injury
or severe injury to a person engaged in a lawful activity;
2. Has on two or more occasions attacked
or bitten, without provocation, a person engaged
in a lawful activity;
3. Has on two or more occasions, while
off the property of its owner and without
provocation, killed or seriously injured another animal; or
4. Has ever been trained for fighting
or has ever been owned, kept, or harbored for the
purpose of fighting. (Ord. 131 (part), 1998: prior code § 8.02.110)