§ 6.04.010. Definitions.
Within the provisions of this chapter the following definitions shall apply:
A.
"Abused animal" means any domestic animal which (1) is mistreated, beaten, tormented or teased, or (2) is deprived of water or food or shelter, or (3) is kept under unsanitary conditions, or (4) is abandoned, or (5) is trained for fighting other animals.
B.
"Animal" means any living vertebrate creature, whether wild or domestic.
C.
"Animal shelter" means the place provided for the impounding of dogs and other animals. Such shelter shall be so constructed that animals of different kinds and of different sizes and sexes may be segregated, and shall be maintained in a safe and sanitary condition. Such shelter may either be constructed and operated by Butte-Silver Bow, or the government may enter into a contract with other suitable person or entity for the supplying and operation of the same. All animals confined in such shelter shall be regularly fed and watered and treated in a humane manner.
D.
"At large" means off the premises of the owner or keeper of the dog or other animal, and not under restraint by leash or not otherwise controlled by a competent person.
E.
"Butte-Silver Bow" means the local government of the city and county of Butte-Silver Bow, Montana, and includes all that area within the city and county of Butte-Silver Bow.
F.
"Cat" means any commonly domesticated feline animal.
G.
"Dangerous animal" means any animal that constitutes a physical threat to human beings or domestic animals by virtue of a known propensity to endanger life by an unprovoked assault or bite so as to cause serious bodily harm. Serious bodily harm shall mean any assault or bite that causes penetration of the skin and/or requires medical attention. An animal trained, owned or harbored for the purpose, primarily or in part, of animal fighting. Exceptions: An animal shall not be deemed dangerous if: (1) bites, attacks or menaces (a) anyone assaulting the owner, or (b) a trespasser on the property of the owner, or (c) any person or other animal who has tormented or abused it, or (2) it is otherwise acting in defense of an attack from a person or other animal upon the owner or other person, or (3) it is protecting or defending its young or other animal.
H.
"Dog" means any commonly domesticated canine animal.
I.
"Dog park" means an enclosed publically owned area as approved by the council of commissioners where dog owners may allow their dogs to be off leash.
J.
"Domestic animal" means any animal which is tame by nature and includes dogs and cats and livestock.
K.
"Humane society" means the Silver Bow Humane Society, a Montana nonprofit corporation.
L.
"Leash" includes leashes, cords, ropes, chains or other similar devices of suitable strength to humanely restrain the dog to which attached.
M.
"License" means the current year registration issued by the treasurer for a specific dog for the fee set out in Section 6.04.160 and includes:
1.
A metallic tag stamped with an identifying serial number, which tag is to be attached to the collar or harness worn by the dog; and
2.
A certificate which bears the same serial number as the metallic tag and contains the name and address of the owner of the dog, a description of the dog, and the date the dog was last vaccinated for rabies. The date of rabies vaccination must be verified by a certificate of vaccination issued by a veterinarian.
N.
"Livestock" means any commonly domesticated hoofed animal kept on a farm or ranch or raised for sale and profit.
O.
"Muzzle" means a device fastened over the mouth of an animal to prevent its biting.
P.
"Owner" means any person, firm, or corporation owning, having an interest in, having control, or having custody or having possession of any dog or other animal.
Q.
"Parking commission" means and includes the office of the parking commission of the city and county of Butte-Silver Bow, First Floor, Butte-Silver Bow Courthouse Building.
R.
"Person" includes any person, partnership, corporation, trust or association of persons.
S.
"Stray dog" includes any dog or other animal loitering in a neighborhood or any public place without an apparent owner or home.
T.
"Time period" shall begin with the issuance of a citation for violation of any provision of this chapter and shall continue for the time set out in the specific section. Any subsequent citation shall begin the time period anew.
U.
"Treasurer" means and includes the office of the treasurer of the city and county of Butte-Silver Bow, Room 206, Second Floor, Butte-Silver Bow Courthouse Building.
V.
"USDA" means the United States Department of Agriculture.
W.
"Vaccination" means the inoculation of an animal with antirabies vaccine and administered under the supervision of a licensed veterinarian in accordance with the current edition of the "Compendium of Animal Rabies Control," published by the National Association of State Public Health Veterinarians, Inc.
X.
"Veterinarian" is a person licensed to practice veterinary medicine in the state of Montana pursuant to Chapter 18 of Title 37, MCA.
Y.
"Wild animal" means any animal or reptile which is wild by nature and is not commonly domesticated. Offspring of wild animals bred with domestic dogs or cats are considered wild animals.
Z.
The present tense shall include the past, future and the present tense. Each gender shall include all genders. The singular number shall include the plural and the plural the singular.
(Ord. 370 § 1, 1990: Ord. 133 § 3 (A—K), 1981)
(Ord. No. 10-6, § 1, 10-5-2010; Ord. No. 13-1, § 1, 4-6-2013 ; Ord. No. 15-8, § 1, 9-4-2015 )