§ 7-119. Summary destruction of dogs without notice.

(a)

Any other provision of this division to the contrary notwithstanding, every police officer, animal officer, or any other person designated by the city council, is hereby authorized and empowered to summarily kill or destroy, without notice to the owner, keeper, harborer, or any other person, any dog which:

(1)

Is a dangerous or vicious dog or a dog having dangerous or vicious propensities and found running at large after the owner, keeper, or harborer of such dog has or had previous knowledge or notice that such dog is a dangerous or vicious dog or a dog having dangerous or vicious propensities; or

(2)

Is noticeably infected, or appears to be suffering with rabies, or other infectious or dangerous disease, and is found running at large; or

(3)

If observed by any police officer, animal officer, or other person designated by the city council to enforce the provisions of this division, in the act of attacking, biting, injuring, chasing, or attempting to attack, bite, or injure any person, other dog, or animal; or

(4)

As provided by MCA 1972, § 21-19-9, as now or hereafter amended, is running at large uncollared and without metal tag or proper identification indicating that such dog has been vaccinated for rabies.

(b)

Any dog(s) that have escaped from captivity and are no longer domesticated may be destroyed by any means necessary as to prevent them from becoming a public threat and to control disease and over population by feral animals.

(c)

When a dog is determined to be vicious and/or diseased by the animal officer of the city, or if the dog is determined to be feral and beyond domestication, may be destroyed by the animal officer of the city or by his/her designee, providing each of the following requirements have been met:

(1)

The dog is running at large; and

(2)

There is no visual rabies tag present; and

(3)

Chemical capture proved unsuccessful; and

(4)

Attempts to peaceful capture have been attempted and proved unsuccessful.

In any instance, supervisory approval is to be obtained by the animal officer or his/her designee prior to the destruction of any dog(s) under this provision of this ordinance.

(Ord. No. 1788, § 9, 12-22-87; Ord. No. 2185, § 22, 7-20-99)