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)