GALLATIN COUNTY ORDINANCE NO. 2015-1. Purpose and Legislative Findings. Uncontrolled dogs present a danger to the public health, safety, and general welfare of the citizens of Gallatin County. The Gallatin County Board of County Commissioners (County Commission) has adopted prior versions of dog control ordinances, with the most recent ordinance adopted January 21, 2003 (Ordinance No. 2003-01). The County Commission finds that Ordinance No. 2003-01 is outdated after changes to relevant law. A revised ordinance is necessary to resolve ambiguities and to ensure consistency with state law and local quarantine protocols adopted by the Gallatin City- County Health Officer. 2. Authority. The County Commission is authorized by state law to adopt this Ordinance under Title 7, Chapter 23, Parts 1 and 21, Montana Code Annotated (MCA). Section 7-23- 2108 MCA authorizes a board of county commissioners to adopt regulations to restrain and prohibit dogs from running at large. Sections 7-23-2109 and -2110, MCA authorize regulation and control of vicious and barking dogs. 3. Applicability. This Ordinance applies to all unincorporated areas within Gallatin County, Montana. 4. Enforcement. The Gallatin County Sheriff shall enforce all provisions of this Ordinance. 5. Adoption of the Gallatin County Dog Control Regulations. The County Commission hereby adopts the Gallatin County Dog Control Regulations, which are attached hereto and which are incorporated into this Ordinance by reference. 6. Penalty. A violation of this Ordinance is a misdemeanor. A person convicted of a violation of this Ordinance may be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. Penalties for violations of specific provisions of the Montana Code Annotated are punishable as set forth therein. 7. Severability. If any part of this Ordinance is held to be unenforceable then the remainder shall be enforceable. 8. Absolute Liability Finding. In adopting this Ordinance, the County Commission has the legislative purpose to impose absolute liability for any violation thereof. Pursuant to 45-2- 104, MCA, any violation of this Ordinance is subject to absolute liability, and a person may be found guilty of a violation of this Ordinance without having, as to each element of the offense, one of the mental states of knowingly, negligently, or purposely. 9. Repeal of Previous Ordinances. At the time this Ordinance takes effect, all previous dog control ordinances adopted by the County Commission shall be repealed and terminated, including Public Responsibility Resolution # 504, Ordinance No. 89-1, Ordinance No. 98-04, Ordinance No. 2002-02, and Ordinance No. 2003-01. Page 1 of 6
10. Effective Date. The Gallatin County Clerk and Recorder shall post a copy of this Ordinance and shall make copies available to the public upon the first reading and approval of this Ordinance, as required by 7-5-103, MCA. Pursuant to 7-5-105, MCA, this Ordinance shall take effect thirty (30) days after its second reading and approval, which shall take place not less than 12 days apart from the first reading as required by 7-5-103, MCA. Upon the second reading and approval of this Ordinance, it shall be filed with the Clerk and Recorder. 1 st Reading & Approval on the day of, 20. Board of Gallatin County Commissioners 2 nd Reading & Approval on the day of, 20. Board of Gallatin County Commissioners R. Stephen White, Chairman ATTEST R. Stephen White, Chairman ATTEST: Charlotte Mills, Clerk and Recorder Charlotte Mills, Clerk and Recorder Page 2 of 6
Gallatin County Dog Control Regulations 1. Definitions. As used in these regulations, unless the context requires otherwise, the following definitions apply: A. Animal. All livestock, wildlife and any domestic pet. B. Animal Shelter. Premises designated by the Board of County Commissioners and contracted with by the County to impound and care for Dogs found in violation of these regulations or that are victims of a violation of any law. C. At Large. A Dog off the premises of its Owner or Temporary Owner and not under the Immediate Control of the Owner or Temporary Owner by leash, tether, lead, harness, electronic control device, or by confinement within or upon a vehicle. D. Barking Dog. A Dog that unreasonably annoys or disturbs any person by continuous and habitual barking, howling, yelping, crying, or whining. This does not mean a Dog s ordinary or normal noise in response to feeding or exercise. This definition excludes Dogs owned, kept, or maintained as part of the business of a licensed veterinarian, animal boarding facility, or agricultural or livestock operation. E. Bite. A laceration, bruise, or puncture inflicted by the teeth of a Dog. F. County. Gallatin County, Montana. G. County Sheriff. The Gallatin County Sheriff or agent thereof. H. Dog. Any canine animal or any dingo, wolf, coyote, or cross thereof that is kept as a domestic pet. I. Health Officer. The person designated by the Gallatin City-County Board of Health as Health Officer under Montana law or agent thereof. J. Immediate Control. Direct physical control that would allow an Owner or Temporary Owner to immediately restrain or subdue a Dog. K. License Tag. Any tag fastened to a Dog s collar that designates the Owner including the Owner s telephone number, or any current and valid license tag issued by a municipal corporation. A microchip implanted in a Dog that otherwise satisfies the requirements of a License Tag may serve in place of a tag. A License Tag in accordance with these regulations shall be considered issued by Gallatin County. L. MCA. The Montana Code Annotated. M. Owner. An adult person, who owns, harbors or keeps under color of ownership, a Dog. N. Quarantine. The confinement of a Dog in accordance with the protocols adopted by the Health Officer for animal bites in accordance with applicable law. Page 3 of 6
O. Temporary Owner. An adult person who controls, harbors, or keeps a Dog when the Owner is temporarily unable to care for the Dog due to absence or indisposition. P. Vicious Dog. As defined in 7-23-2109, MCA, a Dog that bites or attempts to bite any human being without provocation or that harasses, chases, bites, or attempts to bite any other Animal. This definition excludes a Dog that is a trained sheriff or police service Dog engaged in the lawful performance of its duties. 2. Requirement of License Tag. A. The requirements of Title 7, Chapter 23, Part 1, MCA apply in the County. 3. Dogs At Large Control. A. The Owner or Temporary Owner of a Dog At Large is in violation of this Ordinance. B. A Dog At Large may be seized and impounded by the County Sheriff. C. This section does not apply to a Dog At Large that is: 1. On private property with that property owner s permission; 2. On land designated as an area where Dogs may be present without the control of a leash or other physical control device; 3. Controlling or protecting livestock or acting in other related agricultural activities; 4. A trained sheriff or police service Dog engaged in the lawful performance of its duties; or 5. Temporarily off-leash and participating in a sanctioned or lawful dog show, dogrelated sporting event or competition, or hunting activity. 4. Vicious Dog Control. A. An Owner or Temporary Owner of a Vicious Dog is in violation of this Ordinance. B. The County Sheriff may seize and impound a Vicious Dog unless the Dog is: 1. Securely and adequately confined upon the Owner s or Temporary Owner s property so as not to injure any person, damage any property, or be a hazard to public health or safety. 2. While off the premises of the Owner or Temporary Owner, under the Immediate Control of the Owner or Temporary Owner, on a leash not to exceed six (6) feet and properly muzzled. Page 4 of 6
C. If a Vicious Dog is At Large and the Dog is an immediate threat to the health and safety of the Officer or another person or Animal, the County Sheriff may kill the Dog without notice to the Owner or Temporary Owner. D. When reasonably notified after due process, the Owner of a Vicious Dog may be ordered by a court having jurisdiction over the offenses herein to euthanize the Dog within 24 hours of notification. If the Owner fails to do so, the County Sheriff may euthanize the dog or cause the dog to be euthanized. 5. Rabies Control, Dog Bites, & Quarantine. A. The Gallatin City-County Board of Health is authorized to regulate rabies as a communicable disease in Gallatin County, which includes the ability to set forth rules for rabies control and rabies vaccinations. B. A person who does not comply with a rule adopted by the Gallatin City-County Board of Health for the control of rabies is guilty of a misdemeanor, pursuant to 50-2-124(1), MCA, and may be punished as set forth therein. C. The County Sheriff shall assist the Local Health Officer in carrying out any rules adopted by the Gallatin City-County Board of Health for the control of rabies. D. Any person having knowledge of a Dog known to have or suspected of having rabies, or of a Dog Bite to any human being in the County, shall immediately report such facts to the County Sheriff and the Health Officer. E. Upon receiving a report of a Dog known to have or suspected of having rabies, or of a Dog Bite to a human being in the County, the County Sheriff shall consult and assist the Health Officer with the Quarantine of the Dog as applicable. F. If both the Dog s Owner and Temporary Owner are unknown, or the Dog is At Large, the County Sheriff may seize the Dog without notice and arrange for the Quarantine of the Dog as applicable. G. It is unlawful, pursuant to 50-2-122, MCA, for any person to hinder the Health Officer in the performance of duties or to violate a quarantine regulation, including the Health Officer s Quarantine order of a Dog. A person who is convicted of violating 50-2-122, MCA is guilty of a misdemeanor and may be punished as set forth therein. 6. Barking Dog Control. A. An Owner or Temporary Owner of a Barking Dog is in violation of this Ordinance. B. The County Sheriff may impound a Barking Dog if its Owner or Temporary Owner demonstrates an inability or unwillingness to alleviate the annoyance or disturbance caused by the Dog. Page 5 of 6
7. Impoundment. A. A Dog impounded at an Animal Shelter pursuant to these regulations must be seized and confined in a humane manner. All Dogs shall be kept in a safe and sanitary condition and shall be regularly fed and watered. B. A Dog may be impounded as provided by these regulations upon the direction of the County Sheriff, or as ordered by a court having jurisdiction over the offenses herein. C. The County Sheriff shall make a reasonable effort to notify the Owner or Temporary Owner of an impounded Dog immediately after the Dog s seizure and impoundment. D. Impounded dogs may be reclaimed by the Owner or Temporary Owner upon payment of the boarding fee set by and paid to the Animal Shelter, along with written authorization signed by the County Sheriff or a court having jurisdiction over the offenses herein. E. A Dog not reclaimed by its Owner or Temporary Owner within ninety-six (96) hours (excluding holidays and weekends) of notice of the impoundment will be placed in ownership of an Animal Shelter and may be euthanized in a humane manner. F. The animal shelter may humanely euthanize a sick or injured Dog that has been impounded less than 96 hours if the Dog s condition makes it necessary to euthanize the dog. 8. Fees and Damages. A. The Owner of a Dog is responsible for all fees and damages incurred by the County as a result of the Owner s or the Dog s Temporary Owner s violation of these regulations, including, but not limited to, any costs of impoundment or Quarantine, any bills for veterinarian or other professional services, and any damages caused by the Dog. B. The Gallatin County Attorney may bring an action on behalf of the County to recover any fees due and owing under this section. 9. Disposition of Fines. All fines collected under these regulations shall be paid into the County treasury and shall be used to pay fees, salaries, costs, or expenses for the enforcement of these regulations. 10. Records. The County Sheriff shall keep accurate records of all reports, complaints, requests for services, capture and impoundment, and disposition of all dogs coming into custody. Records shall include the date, time, location of capture; reason for capture; names and contact information for persons making reports, complaints or requests for services; description of the animal by breed, gender, physical characteristics, collar, tags, License Tags, and assigned identification number; name and contact information of the officer impounding the animal; and name, address and whereabouts of the Owner or Temporary Owner, if known. Page 6 of 6