For the purposes of this chapter:
A. 
"Alternative livestock"
means privately owned caribou, white-tailed deer, mule deer, elk, moose, antelope, mountain sheep, mountain goat, reindeer or other cloven-hoofed ungulate as classified by the Montana Department of Fish, Wildlife and Parks.
B. 
"Animal"
means any animal kept or harbored by any person, including dogs and cats.
C. 
"At large"
means off the premises of the owner or keeper of the animal and not under the leash control of a competent person.
D. 
"Exotic animal"
means any wild or other animal which is not tame by nature, and includes any animal that would require a standard of care and control greater than that required for customary household pets sold by pet shops. The term "exotic animal" does not include livestock, rodents, domesticated ferrets, and captive-bred species of fish and common cage birds.
E. 
"Food"
means any food materials or attractants, attractive for animal use, such as human, livestock and pet foods, garbage and refuse, livestock carrion, game meat in the possession of man, other edibles and/or garbage which is allowed to accumulate, or the residue thereof.
F. 
"Keeper"
used in connection with an animal means any person or persons, firm, association or corporation harboring dogs, cats, or other domesticated animals with express or implied authority to control them.
G. 
"Livestock"
means horses, cattle, mules, sheep, llamas, alpacas, bison, goats or swine, regardless of age or sex.
H. 
"Owner,"
when used in connection with an animal, means any person or persons, firm, association or corporation, owning, keeping or harboring dogs, cats, or other domesticated animals.
I. 
"Premises"
means the dwelling occupied by the owner or keeper of a dog, cat or other animal.
J. 
"Wild animal"
means, but is not limited to, coyotes, mountain lions, wolves, ravens, or any other animal which is not tame by nature.
(Ord. 133 § 1, 1988; Ord. 213 § 1, 2003; Ord. 249 § 1, 2010)
It is unlawful for any person in the town to:
A. 
Feed any wild animal for any purpose whatsoever;
B. 
Knowingly or purposely make any food of any kind available to a wild animal in the town;
C. 
Negligently or otherwise make any food of any kind available to a wild animal in the town.
(Ord. 249 § 2, 2010)
This chapter shall not apply to any business or enterprise that harbors, keeps or displays wild animals as a regular part of its activities, in compliance with applicable federal, state, and local rules and regulations.
(Ord. 249 § 3, 2010)
The owner or keeper of any animals within the town limits shall at all times prohibit and prevent such animal from being at large.
Violation of this section shall be punishable as a municipal infraction under Section 6.04.140.
(Ord. 133 § 2, 1988; Ord. 207 § 9, 2000)
All female dogs while in heat shall be kept in a secure and closed shelter or area in such a manner so as not to come in contact with dogs except for planned breeding. Violation of this section shall be punishable as a municipal infraction under Section 6.04.140.
(Ord. 133 § 3, 1988; Ord. 207 § 10, 2000)
All dogs and cats over six months of age, within the limits of the town, shall be registered, numbered and licensed annually with the town clerk’s office. The fees shall be ten dollars for each neutered male dog or cat, and for each spayed female dog or cat, and fifteen dollars for each unneutered male dog or cat and for each unspayed female dog or cat. No license shall be issued for any dogs and cats without proof of rabies vaccination. Violation of this section shall be punishable as a municipal infraction under Section 6.04.140.
(Ord. 133 § 4, 1988; Ord. 207 § 11, 2000)
It is unlawful for any person, group of persons in the same dwelling, or family to keep, harbor or maintain any number more than five cats or maintain any number more than two dogs over six months of age in or upon any property, single-family residence, apartment, townhouse, condominium, or any building not used as dwelling. This section shall not apply to keeping or maintaining a dog kennel, and/or breeding of dogs. Such licenses shall be issued only after an inspection of the premises of the kennel by the animal control officer, who shall make a recommendation to the town council. Kennel licenses shall be issued or refused in the sole discretion of the town council. The license fee shall be fifty dollars per calendar year, or any part thereof, and the license shall expire on the thirty-first day of December unless sooner revoked. Violation of this section shall be punishable as a municipal infraction under Section 6.04.140.
(Ord. 133 § 5, 1988; Ord. 207 § 12, 2000)
Animals which are unlicensed or otherwise in violation of this chapter, including vicious and nuisance animals defined in Sections 6.04.100 and 6.04.110, shall be taken up by the animal control officer or any other law enforcement officer and impounded in an animal shelter, and there confined in a humane manner. A vicious animal, or animal otherwise dangerous to persons or property, may be taken up and impounded by using a tranquilizer gun by the animal control officer, or any other law enforcement officer experienced and/or authorized to use the same.
(Ord. 133 § 6(part), 1988)
The animal shelter shall keep a complete register of every dog or cat or other animal impounded, showing the time and place of taking, the breed, color, sex and distinguishing marks of such dog or cat or other animal and, if licensed, the number of the license and the name and address of the owner. Male dogs shall be separated from female dogs at the animal shelter, and healthy animals shall be separated from unhealthy animals.
(Ord. 133 § 6(part), 1988)
A. 
It is the duty of every owner or keeper of any dog or cat or other animal to know its whereabouts at all times. If by a permit tag or by other means the owner or keeper of the animal can be identified, the animal control office or police shall immediately upon impoundment notify the owner by telephone or by mail of the impoundment of the animal.
B. 
In the event that any dog or cat or other animal is impounded, the owner shall redeem the same within seventy- two hours, or it shall be subject to disposal by the animal control officer as provided in this chapter. The owner of any impounded dog or cat or other animal may redeem the same within such period of time by appearing at the town office, accepting a citation for violation of any ordinance of the town for which the owner may be properly charged, posting the required bond, and paying the per diem rate for each twenty-four hour period or any part thereof that the animal is held, as set forth in this section.
C. 
Any unlicensed dog or cat that is impounded may only be redeemed by the owner procuring a license, as required in Section 6.04.040, in addition to paying the fees prescribed in this section. A civil complaint for a municipal infraction may be filed in town court against the person redeeming any dog or cat or other animal impounded for violation of any provisions of this chapter. Failure to license a dog or cat shall be punishable as a municipal infraction under Section 6.04.140.
D. 
The following charges shall be paid to the town clerk for the redemption of the animal:
1. 
For impounding any animal the first time in any calendar year, twenty dollars per day; or part of a day.
2. 
For impounding the same animal a second time in any calendar year, forty dollars per day; or part of a day.
3. 
For the impounding the same animal a third or subsequent time in any calendar year, sixty dollars per day; or part of a day.
4. 
For any veterinary expense, the actual cost thereof.
(Ord. 133 § 6(part), 1988; Ord. 183, 1996; Ord. 207 § 13, 2000)
If any impounded dog or cat or other animal is not redeemed within seventy-two hours from the time it is taken and impounded, the owner thereof shall forfeit all right, title and interest therein, and the animal control officer may offer the same for sale. Such certificate of sale shall confer title and ownership of the dog or cat or other animal, free of all claims and interest of the previous owner. In the event that any impounded dog or cat or other animal is not redeemed by the owner or purchased, it may be disposed of by the animal control officer or contracting agency in a humane manner. Any dog or cat or other animal suffering from an infectious disease shall not be released, but shall be disposed of, unless the public health officer shall otherwise order.
(Ord. 133 § 6(part), 1988)
Every animal which bites a person shall be promptly reported to the animal control officer and shall thereafter be defined as a "vicious" animal (unless the bite was clearly in self-defense or in justifiable defense of another person or of the animal’s young). Any dog or cat or other animal which has bitten any person shall be kept under quarantine under the direction and authority of an animal control officer. Such quarantine shall be for a period of fourteen days. If the owner of the animal has not appeared to claim the animal within seventy-two hours of the beginning of such quarantine, the animal shall be destroyed and examined for rabies. If, during the quarantine period, the animal is adjudged as having rabies, the animal shall be destroyed and appropriate health authorities notified. If, after completion of the quarantine period, the animal is adjudged free of rabies, the animal shall be released to its owner upon written permission of the animal control officer. Quarantine shall be at the owner’s expense. No person shall fail or refuse to surrender any animal for quarantine or destruction as required in this chapter when demand is made by the animal control officer.
(Ord. 133 § 7, 1988)
A. 
Any dog or cat or other animal that destroys property or for a prolonged period howls, barks, yelps or has been permitted to habitually run at large, or by other means causes annoyance or disturbance to any person, shall be deemed a nuisance animal. It is unlawful for any person to own, harbor, keep or maintain a nuisance animal. Violation of this section shall be punishable as a municipal infraction under Section 6.04.140.
B. 
Any dog or cat or other animal that bites or molests pets or persons not trespassing on the property of the owner, or injures or attempts to injure the pet, per son, or family of any other person, shall be deemed a vicious animal. It is a misdemeanor for any person to own, harbor, keep or maintain a vicious animal.
(Ord. 133 § 8, 1988; Ord. 207 § 14, 2000)
A person commits the offense of cruelty to animals if without justification he knowingly or negligently subjects an animal to mistreatment or neglect by overworking, beating, tormenting, injuring or killing any animal; carrying an animal in a cruel manner, or failing to provide an animal in his custody with proper drink, food or shelter; or abandoning a helpless animal or abandoning any animal on any public street, railroad or in any other place where it may suffer injury, hunger or exposure or become a public charge; or promoting, sponsoring, or conducting or participating in any fight between any animals; or placing or distributing any poison or poisoned food or article with intent to cause injury or death to any dog or cat or any other domesticated animal.
(Ord. 133 § 9, 1988)
For the purpose of discharging the duties imposed by this chapter and enforcing its provisions, the animal control officer or any police officer is empowered to demand from the occupants of any premises upon or in which a dog or cat or other animal is kept or harbored, the exhibition of such dog or cat or other animal and the license for such dog or cat.
(Ord. 133 § 10, 1988)
Violation of this chapter, except for violation of Sections 6.04.110(B) and 6.04.120, is a municipal infraction subject to the provisions of Sections 7-1-4150 through 7-1-4152, MCA. Violations of Sections 6.04.110(B) and 6.04.120 are misdemeanors in which the violator shall be punished by a fine of not more than five hundred dollars and by a term in the town or county jail not exceeding ninety days.
(Ord. 133 § 11, 1988; Ord. 207 § 15, 2000)
Except for any appropriately licensed zoo, theatrical exhibit, circus or research institution, it is unlawful for anyone to own, harbor, possess, keep or permit at large any livestock or exotic animal on any public or private property within the corporate limits of the town without a conditional permit issued by the town.
(Ord. 213 §§ 2, 6, 2003)
Dogs that are under the voice control of their owners and are not otherwise a nuisance or danger to others may run at large without a leash in Recreation Park and Pioneer Park.
(Ord. 213 §§ 3, 7, 2003)
A person owning, harboring, possessing or keeping any dog, cat or other animal shall immediately remove and dispose of all feces left by the animal on public property or on private property not owned or lawfully occupied by the person. This section shall not limit the town’s authority to abate a public nuisance created by animal feces on private property owned or lawfully occupied by such person.
(Ord. 213 §§ 4, 8, 2003)
For the purpose of this chapter:
A. 
"Food"
means any food materials or attractants, attractive for bear use, such as human, livestock and pet foods, garbage and refuse, livestock carrion, game meat in the possession of man, other edibles and/or garbage which is allowed to accumulate, or the residue thereof.
B. 
"Unavailable"
means hung out of reach or secured in a solid-sided bear-proof structure; or otherwise made unavailable through proper storage, handling and disposal.
(Ord. 122 § 4, 1987)
It is unlawful for any person in the town to:
A. 
Feed any bear for any purpose whatsoever;
B. 
Harass any bear, including, but not limited to, approaching any bear by foot or vehicle, for any purpose, including photography;
C. 
Knowingly or purposely make any food of any kind available to bears in the town;
D. 
Negligently or otherwise make any food of any kind available to bears in the town.
(Ord. 122 § 1, 1987)
A. 
All garbage, refuse, and any other food of any type whatsoever edible by bears shall be kept in bear-proof containers designed to make such containers resistant to entry by bears, or shall be otherwise made unavailable to bears, in the town. Violation of this section shall be punishable as a municipal infraction under Section 6.08.070.
B. 
The suitability of such refuse and food containers to meet the purposes of this section shall be approved by the chief of police. In this connection, the chief of po lice may, and shall whenever possible, for the purpose of determining such suitability, consult with and seek the advice of any other person or agency familiar with methods for minimizing human-bear confrontations and conflicts.
(Ord. 122 § 2, 1987; Ord. 207 § 16, 2000)
A. 
The chief of police and all other town officials shall cooperate in all reasonable respects with the West Yellowstone-Hebgen Basin Refuse Disposal District in implementing a system of collection containers for refuse that will incorporate the best design methods to make such containers resistant to entry by bears.
B. 
The chief of police and all other town officials are further empowered to undertake any appropriate activity to educate the public for the purpose of assisting in the securing of garbage receptacles and the like, in assisting in keeping areas free of food and garbage, and educating the public about securing all garbage during day or night time hours.
C. 
The town council is empowered to set the appropriate budget amount for overtime compensation to be used for extra patrol hours for the police department to patrol residential or commercial areas in the town to enforce this chapter.
(Ord. 122 § 3, 1987)
The town council empowers the chief of police to, in his discretion, require the garbage pickup by any commercial garbage collector under contract with the town to schedule garbage pickup to prevent overflow of cans and other containers so as to leave as little garbage as possible available to bears overnight.
(Ord. 122 § 6, 1987)
Violation of this chapter is a municipal infraction subject to the provisions of Sections 7-1-4150 through 7-1-4152, MCA.
(Ord. 122 § 7, 1987; Ord. 207 § 17, 2000)