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Dogs: What owners need to know

Jesse Davis | Hagadone News Network | UPDATED 10 years, 5 months AGO
by Jesse Davis
| June 8, 2014 9:30 PM

Dogs may be man’s best friend, but they’re often the source of squabbles among neighbors.

Whether they’re attacking people and other animals, constantly barking or running at large, Flathead County’s canine companions are the basis of dozens of calls to law enforcement agencies each week.

In order to keep local dogs and their owners under control, Kalispell, Whitefish and Columbia Falls each have their own city ordinances on the subject, as does Flathead County.

Each entity has its own animal control laws, but all cover same basic categories, with some variations.

LICENSING

Residents of Kalispell, Whitefish and the county must get licenses for their dogs. Although dogs of all ages must be licensed in Whitefish, only those 4 months and older must be licensed in the county and only those 6 months and older must be licensed in Kalispell.

Additionally, licenses must be renewed each year in Kalispell and Whitefish, while county dog licenses expire when a dog’s current rabies vaccination expires. Service dogs do not require licenses in the county or Kalispell, the latter of which also does not require the licensing of government-owned police service dogs.

A Kalispell license costs $5 per year for spayed or neutered dogs and $15 for those which are not. A Whitefish license costs $5 per year for spayed or neutered dogs, $10 per year for an un-neutered dog and $15 per year for an unspayed dog. A county license costs $15 for a spayed or neutered dog and $30 for an unaltered dog.

County licenses can be replaced or transferred for $1.

Any city license purchased for a dog satisfies the county licensing requirement and any license from the county, any other city in Flathead County or from the Flathead County Animal Control Center satisfies the Kalispell licensing requirement.

Unlicensed dogs in Kalispell may be impounded at a cost to the owner of $30 for the first offense and $60 for the second and subsequent offenses along with a $25 per-day care fee.

In order to get any of the licenses, dog owners must show proof that their pet has a current rabies vaccination. Although Columbia Falls does not require dogs to be licensed, it does require that they, too, have current rabies vaccinations.

RABIES

In addition to requiring dogs be vaccinated against rabies, Kalispell and county laws set out further rules for the control of dogs believed to have been exposed to rabies.

An unvaccinated dog in Kalispell bitten by a laboratory-confirmed rabid animal must be vaccinated within 24 hours and quarantined for six months, but will be destroyed if the owner does not comply or if directed by the Flathead County Animal Control Center.

A vaccinated dog will be revaccinated within 24 hours and quarantined for 30 days, again being destroyed if the owner does not comply.

In the county, an unvaccinated dog bitten by a lab-confirmed rabid animal must immediately be destroyed, while a vaccinated dog must be revaccinated within 24 hours and quarantined for 30 days and destroyed only if the owner does not comply.

All dogs determined to be rabid must be destroyed.

VICIOUS

In Kalispell, Columbia Falls and in the county, it is illegal to possess in any way a vicious, dangerous or aggressive dog.

Kalispell’s ordinance dictates there must be a hearing in Kalispell Municipal Court to determine whether the dog should be declared dangerous or aggressive after an animal warden or other Kalispell police officer investigates the animal and determines there is probable cause for it to be declared as such.

A dog can be declared dangerous if it injures a person or bites or kills another domestic animal without provocation while off the owner’s property.

It may not be declared dangerous if the person it injures was trespassing of otherwise committing a prohibited act or crime or if the person was provoking, abusing or assaulting the dog or can be proven to have done so in the past.

If the dog is determined to be dangerous, another hearing will be held within the following 14 days for the owner to present evidence as to why it is not dangerous.

If the dog is declared dangerous, the owner must follow a series of restraint requirements, including obtaining a surety bond or liability insurance policy of at least $50,000 payable to anyone injured by the animal and paying a $250 annual fee.

A dangerous dog not claimed after seven days, whose owner is convicted of another violation relating to the same dog, or is caught running at large and presenting a danger to the public (whether or not it has been declared dangerous) may be humanely destroyed.

The dog may not be destroyed while an appeal is pending.

Neither Columbia Falls nor county ordinances do not describe the process by which a dog may be declared vicious, but state that such a dog may be seized, quarantined or killed depending on the situation in which it is involved.

County laws also state it is unlawful for any person to refuse or neglect to surrender a vicious dog within 24 hours of an order to do so.

Whitefish does not have a vicious dog ordinance.

AT-LARGE

In all three cities and in the county it is illegal to allow a dog to run freely off the owner’s property.

Kalispell and the county require dog owners to keep the animals on a leash no longer than six feet while not on their own property, while Whitefish also requires a leash but does not specify a length. Columbia Falls does not require dogs to be leashed, only under the direct control of their owners.

In addition, the county and Kalispell also require reasonable confinement of female dogs in heat, in a way that keeps them from having any contact with male dogs except for planned breeding.

BARKING

In all three cities and in the county it is illegal for any person to possess a dog that barks constantly or unreasonably in a way that disturbs neighbors.

While dog owners faced with this problem may seek solutions without giving up their pet, they may face consequences if it is a serious or ongoing problem.

PUNISHMENT

Dog owners in Whitefish who do not obtain licenses for their dogs are subject to a municipal infraction or a misdemeanor carrying a fine of between $25 and $300.

Failing to license a dog in the county is treated as a misdemeanor punishable by a $35 fine for the first offense, $100 for the second, and $250 for third and subsequent offenses. In addition to a fine, conviction on a third or subsequent offense also requires the owner to appear before a justice of the peace.

Violators of the vicious dog ordinance in Columbia Falls may be punished by a fine of between $100 and $300 for the first offense and up to $500 for each subsequent offense.

A violation of the county’s vicious dog or dog-at-large ordinances is punishable by a fine of up to $500, and a dog deemed vicious may be destroyed.

Anyone who violates any of Kalispell’s dog ordinances may be punished by up to six months of imprisonment and a fine of up to $500.

IMPOUNDMENT

Dogs in any of the three cities or the county may be impounded for a number of reasons.

Dogs seized or collected in Kalispell, Whitefish or the county will be impounded in the Flathead County Animal Shelter at a cost of $30 for the first offense and $40 for repeat offenses involving licensed dogs and $60 for repeat offenses involving unlicensed dogs.

Owners of dogs impounded in the county animal shelter will also be charged a $25 fee each day for care.

Dogs seized or collected in Columbia Falls may be impounded in the county animal shelter at the aforementioned costs or in the city pound at a cost of $15 for any unlicensed dogs, and $5 for the first offense, $15 for the second offense and $30 for third or subsequent offenses for licensed dogs.

In addition, a daily fee of $2 will be charged, and another one-time $2 fee may be charged for transporting a dog to or from the animal shelter.

A dog seized in Columbia Falls that remains unclaimed for 72 hours may be destroyed.

Kalispell bars any resident from owning or keeping any more than four dogs.

In Whitefish, failing to promptly dispose of dog feces deposited on any city-owned, publicly owned or privately owned property not belonging to the dog’s owner may be treated as a municipal infraction or as a misdemeanor. 

Reporter Jesse Davis may be reached at 758-4441 or by email at jdavis@dailyinterlake.com.

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