ORDINANCE NO. 586

AN ORDINANCE TO AMEND TITLE 8, CHAPTER 8.04 OF THE OFFICIAL CODE OF THE TOWN OF CASCADE

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CASCADE, MONTANA, THAT TITLE 8, CHAPTER 8.04 OF THE OFFICIAL CODE OF THE TOWN OF CASCADE IS AMENDED AS FOLLOWS:

Title 8.
					
Chapter 8.04

AS NOW READS:

Section  8.04.090   Animals Running at Large.   A.  It is unlawful for any person who owns, keeps, harbors or maintains a dog, cat, or any other animal authorized to be within the town limits, or the parents or guardians of any such person under eighteen years of age, to allow such animal to run at large within the corporate limits of the town. All animals not confined within an enclosure shall be kept on a leash or tether not more than ten feet long securely fastened or held, or otherwise controlled, so as to prevent the animal from running at large. 

B.  It is unlawful for any firm, person or corporation owning or having control of any cattle, horses, mules, goats, sheep or swine to keep the same within the corporate limits of the town except to bring the same to market for commercial or exhibition purposes, and when brought therein for that purpose the same shall be kept and cared for by the owner or person in charge thereof at such place as directed by the Mayor. The exceptions, penalties and provisions of chapters 8.02 and 8.06 of this Title shall apply.
 
C.  It is unlawful for an owner or keeper of any animal to permit them to run at large upon any street, alley, avenue, boulevard or public park or to trespass upon the premises of another person within the town; except, that such animals owned and/or maintained by the town in the town parks are exempt from this provision.
 
IS AMENDED TO READ:

Section  8.04.090   Animals Running at Large.   A.  It is unlawful for any person who owns, keeps, harbors or maintains a dog, cat, or any other animal authorized to be within the town limits, or the parents or guardians of any such person under eighteen years of age, to allow such animal to run at large within the corporate limits of the town. All animals not confined within an enclosure shall be kept on a leash or tether not more than ten feet long securely fastened or held, or otherwise controlled, so as to prevent the animal from running at large. 

B.  It is unlawful for an owner or keeper of any animal to permit them to run at large upon any street, alley, avenue, boulevard or public park or to trespass upon the premises of another person within the town; except, that such animals owned and/or maintained by the town in the town parks are exempt from this provision.
 
C.  Any person may take up any animal running at large in the town, or tethered therein contrary to the provisions of this chapter, and take the same to the Animal Control Officer. Neither compensation nor reward shall be paid directly or indirectly for such taking and delivery.

D.  Violation of any part of this chapter is a misdemeanor and shall upon conviction be punishable as provided in Section 1.08.010 the General Penalty Section of this Code. The Town Council may by resolution establish a schedule of fines for violation of this section that is within the limits of the General Penalty Section.

AS NOW READS:

Section  8.04.160  Nuisance Animals.  A.  It is unlawful for any person to own, keep, harbor or maintain:
 
1.  Any animal which chases vehicles in public streets, ways or parks.
 
2.  Any female animal in heat (estrus) which is not kept in a confined area. 

3.  Any animal which causes irritation or annoyance to a person by frequent and/or long continued barking, howling, yelping, or other means that disturbs the peace and repose of any person.
 
4.  Any such nuisance animal may be taken up and impounded by the Animal Control Officer.  It is unlawful for any person to own, keep, harbor or maintain any such nuisance animal and it shall be the duty of the Animal Control Officer and all law enforcement officers to issue tickets and file complaints for all such violations occurring in their presence.  Any person aggrieved by a nuisance animal may report the incident to the Animal Control Officer or a law enforcement officer to file a complaint in the City Court, charging the owner with the violation of this section where the offense is not committed in the presence of the Animal Control Officer or a law enforcement officer.

5.  Violations and Fine schedule.  Except as otherwise provided, a progressive schedule of fines may be imposed against the owner of any animal found to be in violation of the provisions of this section within a twelve-month period:

First offense: twenty‑five dollars. 
Second offense: fifty dollars. 
Third and subsequent offense:  General penalty as provided in Section 1.08.010 of this Code.

6.  Upon a third or subsequent conviction within a twelve-month period, by order of the City Court Judge the nuisance animal shall be seized by the Animal Control Officer.  After notice to the owner a hearing shall be held in the City Court to show cause why the animal should not be disposed of. Should the Court determine that the owner or person in possession of the animal has repeatedly failed to observe the requirements of this chapter and has failed to show any reasonable cause for excusing said violations, the Court may order the animal disposed of in accordance with section 8.04.110 of this chapter.

IS AMENDED TO READ:

Section  8.04.160  Nuisance Animals.  A.  It is unlawful for any person to own, keep, harbor or maintain:
 
1.  Any animal which chases vehicles in public streets, ways or parks.
 
2.  Any female animal in heat (estrus) which is not kept in a confined area. 

3.  Any animal which causes irritation or annoyance to a person by frequent and/or long continued barking, howling, yelping, or other means that disturbs the peace and repose of any person.
 
4.  Any such nuisance animal may be taken up and impounded by the Animal Control Officer.  It is unlawful for any person to own, keep, harbor or maintain any such nuisance animal and it shall be the duty of the Animal Control Officer and all law enforcement officers to issue tickets and file complaints for all such violations occurring in their presence.  Any person aggrieved by a nuisance animal may report the incident to the Animal Control Officer or a law enforcement officer to file a complaint in the City Court, charging the owner with the violation of this section where the offense is not committed in the presence of the Animal Control Officer or a law enforcement officer.

5.  Violation of any part of this chapter is a misdemeanor and shall upon conviction be punishable as provided in Section 1.08.010 the General Penalty Section of this Code. The Town Council may by resolution establish a schedule of fines for violation of this section that is within the limits of the General Penalty Section.

6.  Upon a third or subsequent conviction within a twelve-month period, by order of the City Court Judge the nuisance animal shall be seized by the Animal Control Officer. After notice to the owner a hearing shall be held in the City Court to show cause why the animal should not be disposed of. Should the Court determine that the owner or person in possession of the animal has repeatedly failed to observe the requirements of this chapter and has failed to show any reasonable cause for excusing said violations, the Court may order the animal disposed of in accordance with section 8.04.110 of this chapter.

AS NOW READS:

Section  8.04.170  Dangerous Animal.  It is unlawful to own, keep, harbor or maintain a dangerous animal exhibiting vicious behavior.
 
A. Vicious Behavior Defined. Any animal, except a dog assisting a peace officer engaged in law enforcement duties, is presumed vicious if the animal demonstrates any or all of the following behaviors:
 
1.  An attack, without provocation, which requires a defensive action by a person to prevent bodily injury and/or property damage in a place where such person is acting peaceably and lawfully; 

2.  An attack, without provocation, that results in an injury to a person in a place where the person is acting peaceably and lawfully;
 
3.  Any behavior, without provocation, that constitutes a physical threat of bodily harm to a person in a place where the person is acting peaceably and lawfully; 

4.  An attack, without provocation, that results in injury or death to other pets not trespassing onto the property of, injuring or attempting to injure the person, family or property of the owner.
 
B.  Lawful Presence. For the purposes of this section, a person is peaceably and lawfully upon the private property of an owner when in the performance of any duty imposed by the laws of this state or any city or town or county, or by the laws or postal regulations of the United States, or when on the property upon invitation, express or implied.
 
C.  Any person may by the use of reasonable force protect their pets, property, and person, or the person of any other human being from the attack of a vicious or dangerous animal.
 
D.  Any such dangerous animal may be taken up and impounded by the Animal Control Officer. The animal may be redeemed by the owner after compliance with all licensing and vaccination requirements if the animal is not being held for a court hearing.
  
E.  Penalty. General penalty as provided in Section 1.08.010 of this Code, exclusive of jail, shall be imposed for violating the provisions of this section.  Where it is found that a person has knowingly violated this section, then jail may be imposed.

F.  Whenever an affidavit shall be made before the City Court Judge that any dog or other animal has bitten a person, and that the person bitten was not at the time trespassing upon the property of, or injuring or attempting to injure the person, family or property of the owner, the City Court Judge shall issue an order requiring the owner of such a dog or other animal to surrender the same to a licensed veterinarian for quarantine within twenty-four hours after service of said order.  Such order may be served by the Animal Control Officer or any law enforcement officer and, if the owner cannot be found at his or her place of residence, the order may be served by leaving it with a person of suitable age and discretion at, or by placing it in a prominent place at the front door of, such residence.  It is unlawful for any person to refuse or neglect to surrender any such vicious animal within twenty-four hours after the service of such order as herein provided, and the Animal Control Officer shall forthwith seize and impound such animal at a licensed veterinarian office at the owner’s expense.  In the event that the owner is unknown upon the making of such affidavit, the Animal Control Officer or any law enforcement officer shall seize and impound such animal without notice.  All dogs or other animals impounded under this section shall be quarantined at a licensed veterinarian hospital in the town for the period and under the same conditions as stated in Section 8.04.140.

G.	Any dog or other animal which has bitten a person under the circumstances set forth in this section on any prior occurrence, or on a single occurrence where the facts indicate that such action is necessary for the safety of the citizens of this community or their property, the dangerous animal shall be seized by an Animal Control Officer and may be ordered by the court to be put to death. A court hearing will be held to determine if the animal is to be euthanized or permanently removed from the town.

IS AMENDED TO READ:

Section  8.04.170  Dangerous Animals.  It is unlawful to own, keep, harbor or maintain a dangerous animal exhibiting vicious behavior.
 
A. Vicious Behavior Defined. Any animal, except a dog assisting a peace officer engaged in law enforcement duties, is presumed vicious if the animal demonstrates any or all of the following behaviors:
 
1.  An attack, without provocation, which requires a defensive action by a person to prevent bodily injury and/or property damage in a place where such person is acting peaceably and lawfully; 

2.  An attack, without provocation, that results in an injury to a person in a place where the person is acting peaceably and lawfully;
 
3.  Any behavior, without provocation, that constitutes a physical threat of bodily harm to a person in a place where the person is acting peaceably and lawfully; 

4.  An attack, without provocation, that results in injury or death to other pets not trespassing onto the property of, injuring or attempting to injure the person, family or property of the owner.
 
B.  Lawful Presence. For the purposes of this section, a person is peaceably and lawfully upon the private property of an owner when in the performance of any duty imposed by the laws of this state or any city or town or county, or by the laws or postal regulations of the United States, or when on the property upon invitation, express or implied.
 
C.  Any person may by the use of reasonable force protect their pets, property, and person, or the person of any other human being from the attack of a vicious or dangerous animal.
 
D.  Any such dangerous animal may be taken up and impounded by the Animal Control Officer. The animal may be redeemed by the owner after compliance with all licensing and vaccination requirements if the animal is not being held for a court hearing.
  
E.  Violation of any part of this chapter is a misdemeanor and shall upon conviction be punishable as provided in Section 1.08.010 the General Penalty Section of this Code.

F.  Whenever an affidavit shall be made before the City Court Judge that any dog or other animal has bitten a person, and that the person bitten was not at the time trespassing upon the property of, or injuring or attempting to injure the person, family or property of the owner, the City Court Judge shall issue an order requiring the owner of such a dog or other animal to surrender the same to a licensed veterinarian for quarantine within twenty-four hours after service of said order.  Such order may be served by the Animal Control Officer or any law enforcement officer and, if the owner cannot be found at his or her place of residence, the order may be served by leaving it with a person of suitable age and discretion at, or by placing it in a prominent place at the front door of, such residence.  It is unlawful for any person to refuse or neglect to surrender any such vicious animal within twenty-four hours after the service of such order as herein provided, and the Animal Control Officer shall forthwith seize and impound such animal at a licensed veterinarian office at the owner=s expense.  In the event that the owner is unknown upon the making of such affidavit, the Animal Control Officer or any law enforcement officer shall seize and impound such animal without notice.  All dogs or other animals impounded under this section shall be quarantined at a licensed veterinarian hospital in the town for the period and under the same conditions as stated in Section 8.04.140.

G.	Any dog or other animal which has bitten a person under the circumstances set forth in this section on any prior occurrence, or on a single occurrence where the facts indicate that such action is necessary for the safety of the citizens of this community or their property, the dangerous animal shall be seized by an Animal Control Officer and may be ordered by the court to be put to death.  A court hearing will be held to determine if the animal is to be euthanized or permanently removed from the town.

Any part of this Code that is not amended hereby remains in full force and effect.

Adopted on the First reading: November 15, 2011

Adopted on the Second reading: December 6, 2011

PASSED AND ADOPTED by the Town Council of the Town of Cascade, Montana, and approved by the Mayor of said Town this 6th day of January, 2012.

 ________________________________          ___________________________________
 William R. Peterson, Mayor                      ATTEST: Jodie Campbell, Clerk/Treasurer