TOWN

TABLE OF CONTENTS

Title 1 General Provisions

Title 2 Administration and Personnel

Title 3 Revenue and Finance

Title 4 Reserved

Title 5 Business Licenses and Regulations

Title 6 Animals

Title 7 Reserved

Title 8 Health and Safety

Title 9 Public Peace, Morals and Welfare

Title 10 Traffic Administration

Title 11 Reserved

Title 12 Streets, Sidewalks and. Public Places

Title 13 Public Services

Title 14 Reserved

Title 15 Buildings and Construction

Statutory References

Tables

Index

PROCEDURE FOR DRAFTING ORDINANCES

New ordinances often amend, repeal or add new sections to the code.

It is important when drafting these ordinances to mention, within the ordinance, the affected code section and ordinance. The underlying ordinance of the section being changed can be determined from the ordinance history in parentheses at the end of each section.

Effect of Title

The title of an ordinance and any introductory language appearing before the ordaining clause has no legal effect. If the title states that it repeals (or amends or adds) certain provisions, but the language after the ordaining clause does not so state, the intended repeal, amendment or addition has not taken place.

Procedure When Amending Existing Code Section

Amend the code section specifically. The underlying ordinance section may also be included.

Examples: §3.04.020 of the___________ Municipal Code is amended to read as follows:

§3 of Ord. 319 and §3.04.020 of the ________________Municipal Code are amended to read as follows:

Procedure When Repealing Existing Code Section

Repeal the code section specifically, plus the underlying ordinance section if you wish. We consider both to be repealed whether you mention the underlying ordinance or not.

Examples: §3.04.020 of the _______________Municipal Code is hereby repealed.

§3 of Ord. 319 and §3.04.020 of the _____________________Municipal Code are hereby repealed.

Procedure When Adding New Material to Code

If new provisions are to be added to the code, you should determine where such material would best fit within the existing section, chapter or title. If there is no existing section, chapter or title, you should assign a new title, chapter or section number. In any case, our expandable decimal numbering system is designed to allow for the incorporation of new material without disturbing the numbering system of existing material.

The following language is sufficient to locate the new ordinance in the code:

There is hereby added to the Municipal Code of _______________§5.10.033, which is to read as follows:

Subsection D is hereby added to §5.10.040 of the ________________Municipal Code as follows:

Title 1

GENERAL PROVISIONS

Chapters:

1.01 Code Adoption

1.04 General Provisions

1.08 Wards

1.12 General Penalty

1.04.010

Chapter 1.04

GENERAL PROVISIONS

Sections:

1.04.010 Definitions.

1.04.020 Title of office.

1.04.030 Interpretation of language.

1.04.040 Grammatical interpretation.

1.04.050 Acts by agents.

1.04.060 Prohibited acts including causing and permitting.

1.04.070 Computation of time.

1.04.080 Construction.

1.04.090 Repeal shall not revive any ordinances

1.04.010 Definitions.

The following words and phrases, whenever used in this code and the ordinances of Hobson, Montana, shall be construed as defined in this section unless from the context a different meaning is intended or in particularly directed to the use of such words or phrases:

A. "Town" and "town" each mean Hobson, Montana, or the area within the territorial limits of Hobson, and such territory outside over which the town has jurisdiction or control by virtue of any constitutional or statutory provision.

B. "Council" means the town council of Hobson. "All its members" or "all councilmen" means the total number of councilmen holding office.

C. "County" means the county of Judith Basin.

D. "Law" denotes applicable federal law, the Constitution and statutes of the state of the state of Montana, the ordinances of Hobson, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.

E. May. "May" is permissive.

F. "Month" means a calendar month.

G. Must and Shall. "Must and shall" are each mandatory.

H. "Oath" means and includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and" affirmed."

I. "Owner," applied to a building or land, means and includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land.

J. "Person" means and includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization or the manager, lessee, agent, servant, officer or employee of any of them.

K. "Personal property" means and includes money, goods, chattels, things in action and evidences of debt.

L. "Preceding" and "following" means next before and next after, respectfully.

M. "Property" means and includes real and personal property.

N. "Real property" means and includes lands, tenements and hereditaments.

O. "Sidewalk" means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.

P. "State" means the state of Montana.

Q. "Street" means and includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in the town which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the state.

R. "Tenant" and "occupant," applied to a building or land, means and include any person who occupies the whole or a part of such building or land, whether alone or with others.

S. "Written" means and includes printed, typewritten, mimeographed, multigraphed or otherwise reproduced in permanent visible form.

T. "Year" means a calendar year.

1.04.020 Title of office

Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the town.

1.04.030 Interpretation of language.

All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

1.04.040 Grammatical interpretation.

The following grammatical rules shall apply in the ordinances of the Town of Hobson unless it is apparent from the context that a different construction is intended:

A. Gender. Each gender includes the masculine, feminine and neuter genders.

B. Singular and Plural. The singular number includes the plural and the plural includes the singular.

C. Tenses. Words used in the present tense include the past and the future tenses and vice versa un less manifestly inapplicable.

1.04.050 Acts by agents.

When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent.

1.04.060 Prohibited acts including causing and permitting.

Whenever in the ordinances of the Town of Hobson, any act or omission is made it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

1.04.070 Computation of time.

Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded.

1.04.080 Construction.

The provisions of the ordinances of the Town of Hobson, and all proceedings under

them are to be construed with a view to effect their promote justice.

1.04.090 Repeal shall not revive any ordinances.

The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby.

3.04.010

Chapter 3.04

SPECIAL IMPROVEMENT

DISTRICT REVOLVING FUND

Sections:

3.04.010 Special fund created – Purpose.

3.04.020 Fund transferability.

3.04.030 Bonds – Loan of deficient payments.

3.04.040 Special improvement district No. 15 created – General requirements.

3.04.050 Minimum balance required – Fund transfers.

3.04.010 Special fund created – Purpose.

Under and pursuant to the provisions of MCA Sections 7-12-4221 through 7-12-4228, as amended, there is created and established a special fund which shall be maintained by the town clerk – treasurer on the official books and records of the town, separate from all other funds, to be known and designated as the special improvement district revolving fund, for the purpose of securing the prompt payment of special improvement district bonds issued in payment of the cost of improvements made for the benefit of special improvement districts of the town.

3.04.020 Fund transferability.

For the purpose of providing funds for the revolving fund the town council may in its discretion, from time to time, transfer to the revolving fund from the general fund of the town such amount or amounts as may be deemed necessary, as loans from the general fund to the revolving fund, and shall, in addition to such transfers or in lieu thereof, levy and collect for the revolving fund such a tax on all the taxable property within the town as shall be necessary to meet the financial requirements of the revolving fund; provided, that such levy, together with such transfers, shall not exceed in anyone year five per centum of the principal amount of the then outstanding special improvement district bonds of the town.

3.04.030 Bonds – Loan of deficient payments.

Whenever any special improvement bond of the town or any interest thereon shall become due and payable and there shall then be either no money or not sufficient money in the appropriate district fund with which to pay the same, an amount sufficient to make up the deficiency shall be loaned, by order of the council, by the revolving fund to such district fund and used, with the amount then on hand in the district fund, to pay such bond and interest. Whenever any loan is made to any special improvement district fund from the revolving fund, the revolving fund shall have a lien therefore on all unpaid assessments and installments of assessments on such district, whether delinquent or not, and on all monies thereafter coming into such district fund, to the amount of such loan, together with interest thereon from the time it was made at the rate borne by the bond for payment of which or of interest thereon, so much of such moneys as may be necessary to pay such loan shall by order of the council be transferred to the revolving fund. After all bonds issued on any special improvement district fund have been fully paid, all moneys remaining in such district fund shall by order of the council be transferred to and become part of the revolving fund.

3.04.040 Special improvement district No. 15 created – General requirements.

The town has created a special improvement district designated as special improvement district No. 15, in connection with which it will be necessary to issue special improvement district No. 15 bonds, and the town covenants, undertakes and agrees with the holders of these bonds and all other special improvement district bonds to be offered at public sale in the future, so long as any such bonds, or any interest thereon, remain unpaid, that it will annually authorize loans or advances from the revolving fund to each fund from which such bonds are payable (each such fund being referred to below as the district fund), and will provide funds for the revolving fund by annual tax levies or loans from the general fund, in accordance with the following procedure:

A. Separate bond and interest accounts shall be maintained on the official books and records of the town, within each district fund. Upon the collection of the installment of principal and interest due November 30th in each year on the special assessments levied and appropriated to the district fund, the clerk – treasurer shall credit to the interest account so much thereof as may be necessary to pay interest to become due on all bonds payable from the district fund on the then next succeeding interest payment date, and shall credit the remainder thereof to the bond account. Any installment of any special assessment which is paid prior to its due date, with the interest accrued thereon to such payment date, shall be credited directly to the bond account.

B. The interest account shall be used solely to pay the interest due at annual interest payment dates on the bonds issued against the district fund. The bond account shall be used, whenever and to the extent that funds are available therein, for the redemption of such bonds in order of their registration numbers, and the payment of interest accrued thereon to the date of redemption, in accordance with MCA Sections 7-12-4201 through 7-12-4206.

C. A deficiency shall be deemed to exist in the interest account if ever the balance on hand therein, fifteen days prior to any date on which interest is due on the bonds payable from the fund, is insufficient to pay such interest in full. A deficiency shall be deemed to exist in the bond account on any date on which interest is due on bonds payable from the fund, unless the town has then or there to for redeemed bonds in a principal amount equal to the sum of all installments of special assessments paid prior to their due dates, plus a fraction of the remaining principal amount of the special assessments originally levied and appropriated to the district fund, equal to the number of installments of such assessments then and thereto for due divided by the total number of installments in which such special assessments are permitted to be paid.

D. The town council, not less than fifteen days before the date when interest is due on bonds payable from any district fund, shall issue an order authorizing a loan or advance from the revolving fund to the district fund in an amount sufficient to make good any deficiency then existing in the bond account thereof, to the extent that funds are available in the revolving fund. In the event that the balance on hand in the revolving fund fifteen days prior to any date when interest is due .on special improvement district bonds of the town is not sufficient to make good all deficiencies then existing in the interest accounts of district funds, such balance shall be allocated to the district funds in which such deficiencies then exist, in proportion to the amounts of the respective deficiencies on that date. Any money subsequently received in the revolving fund shall be allocated to the interest accounts of district funds in which deficiencies in proportion to the amounts of the deficiencies on the respective dates of receipt of such money, until all interest accrued on special improvement district bonds of the town has been paid. On any date when all such accrued interest has been paid, any balance remaining in the revolving fund shall be loaned or advanced to the bond accounts of district funds in which deficiencies then exist, in amounts proportionate to the respective amounts of such deficiencies.

E. At the same time as the annual levy for general taxes is certified for collection in each year, the town council shall make a tax levy on all the taxable property within the town in such amount as shall be necessary, together with any amounts therefore transferred to the revolving fund from the general fund, to accumulate in the revolving fund, within a period not exceeding six years from and after the issuance of bonds for any special improvement district, and thereafter to maintain, at all times, a balance equal to ten percent of the principal amount remaining due of all outstanding issues of special improvement district bonds, subject to the maximum limitation stated in Section 3.04.020 of this chapter, but without other limitation as to rate or amount of such tax. All funds derived from such tax levy and transfers shall be irrevocably appropriated to the revolving fund, and used only for the purposes set forth in this chapter, until all special improvement district bonds of the town and all interest thereon are fully paid.

3.04.050 Minimum balance required – Fund transfers.

The balance required in Section 3.04.040E of this chapter to be accumulated and maintained in the revolving fund is determined to be the minimum amount necessary as a reserve for payment and redemption of maturing special improvement district bonds and interest of the town. Nothing in this chapter shall prevent the town council from appropriating to the revolving fund from other funds properly available therefore amounts in excess of the minimum reserve established in this chapter, or from transferring such excess amounts to the general fund or using such excess amounts for the purchase of property against which unpaid assessments are outstanding pursuant to MCA Sections 7-12-4227 and 7-12-4228; but the town expressly covenants and agrees with the holders from time to time of all of its special improvement district bonds that no such transfers or purchases will be made at any time in such manner as to reduce the reserve in the revolving fund below the amount agreed in this chapter be maintained. The revolving fund will be deposited in a duly qualified depository bank and secured at all times as required by MCA Sections 7-6-201 through 7-6-212, but no time deposit shall be made for a period exceeding one hundred eighty days and the town council is also authorized to invest all or any portion of the reserve in direct obligations of the United States government, payable within not to exceed one hundred eighty days from the time of such investment.

Title 5

BUSINESS LICENSES AND REGULATIONS

Chapters:

5.08 Door to Door Soliciting

5.12 Itinerant Vendors

5.12.010

Chapter 5.12

ITINERANT VENDORS

Sections:

5.12.010 Definitions.

5.12.020 License – Required – Fee.

5.12.030 License – Form.

5.12.040 Approval of town council.

5.12.050 Police power.

5.12.060 Permanent business.

5.12.070 Violation – Penalty.

5.12.010 Definitions.

5.12.010 Definitions

For the purposes of this chapter, unless the context indicates otherwise, certain words and phrases used in this chapter are defined as follows:

A. "Consumer" means one who uses, and by using, destroys the value of the article purchased.

B. 1.) "Itinerant tradesman" means and includes any person who temporarily follows in the Town a pursuit requiring manual or technical training and dexterity.

2.) "Itinerant tradesman" also means and includes any person, possessing an occupation not purely commercial, mechanical agricultural or the like to which he devotes himself and within he professes to have acquired some special knowledge used by way either of instructing, guiding or advising others or of serving them in some art who temporarily follows his profession in the Town.

C. "Itinerant vendor" means any person, engaged or employed in the business of retailing to consumers by going from consumer to consumer, either on the streets or to their places of residence or employment, and there soliciting, selling or offering to sell, or exhibiting for sale, by sample, by catalogue, or otherwise, or taking orders for future delivery of any goods, wares or merchandise, or for services to be performed to be performed in the future.

5.12.020 License – Required – Fee.

A. Any itinerant person, firm, co – partnership or corporation desiring to follow his, or its, occupation, calling, industry or pursuit in the town shall procure from the clerk – treasurer a license for that purpose, such license fees to be as follows:

1. A license fee of ten dollars per day for itinerant vendors;

2. A license fee of ten dollars per day for itinerant tradesmen;

3. A license fee of ten dollars per day for itinerant professionals; and

4. A license fee of ten dollars per day for all other itinerants. .

B. The license fees are to be paid to the clerk – treasurer.

5.12.030 License – Form.

A. The form of licenses to be issued under this chapter shall be prescribed by the town council. The town council shall also promulgate the forms to be used in applying for such licenses and may require the applicant for such license to state in his application such facts as the town council may deem necessary to enable it to pass upon such application, including the name and address of the applicant, and such other information as the town council may require.

B. All expenses in connection with the administration of this chapter shall be charged against the funds collected under these provisions, and any sums which may remain after the payment of such expenses shall be kept by the clerk – treasurer to be used as the town council may direct.

C. To knowingly make any false statement in the application constitutes a misdemeanor and shall be punishable as provided in Section 5. 12.070 of this chapter.

5.12.040 Approval of town council.

All licenses granted under this chapter shall be subject to the approval of the town council, and when the interest of the public requires it, the town council may, in its discretion demand a lesser or greater license fee than that which is prescribed in this chapter.

5.12.050 Police power.

Every person licensed under the provisions of this chapter shall be subject to regulation, inspection, control and supervision, under the general police power of the town and all the ordinances now in force, or which may hereafter be adopted in aid of such police power and regulation, and each and every such license shall be subject to suspension and revocation upon good cause being shown to the town council

5.12.060 Permanent business.

This chapter shall in no way affect any person, firm, co-partnership or corporation who, or which, maintains a permanent place of business or who, or which, is permanently established in the town.

5.12.070 Violation – Penalty.

Any itinerant who has not been issued a license under this act and who follows his or its occupation, calling, industry or pursuit in the town is guilty of a misdemeanor and, upon conviction thereof, shall be punished as set forth in Chapter 1.12 of this code.

Title 6

ANIMALS

Chapters:

6.04 Animals Generally

6.08 Dogs and Cats

6.04.010

Chapter 6.04

ANIMALS GENERALLY

Sections:

6.04.010 Running at large – Impoundment – Authority.

6.04.020 Animals running loose.

6.04.030 Sale of animals.

6.04.050 Violation – Penalty.

6.04.010 Running at large – Impoundment – Authority.

It shall be the duty of the chief of police to impound any such animals or poultry so found running at large and to forthwith notify the owner or custodian thereof, if such owner or custodian can conveniently be found, and such owner or custodian may redeem the same within three days after such notice on payment of the fine provided for in this chapter, and of the reasonable costs of such impounding, and the reasonable cost of keeping such animals or poultry, and should such owner or custodian fail to redeem such animals or poultry within such time, then the chief of police shall proceed to sell the same by giving public notice of such sale by posting a notice in three of the most public places in the town, such notice shall specify the time an place of sale and describe the animals or poultry to be sold, the name of the owner or custodian, if known, and any amount claimed to be due

6.04.020 Animals running loose.

It is unlawful for any person to permit or allow any horses, cattle, sheep, pigs or poultry to run at large within the limits of the town.

6.04.030 Sale of animals.

At the sale such animals or poultry shall be sold at public auction to the highest bidder for cash and the proceeds of the sale shall be used, first, to defray the expense of such sale; second, to pay such fine and costs of impounding, and keeping and the surplus, if any, shall be deposited with the clerk-treasurer to be paid to the owner of the animals or poultry within one year from the date of such sale, and if not claimed with the time, then such sum shall be turned into the general funds of the town.

6.04.040Violation – Penalty.

Any person violating any of the terms of this chapter shall be subject to a fine. Any person violating a provision of this chapter for which another penalty has not been provided shall, upon conviction thereof, be punished as set forth in Chapter 1.12 of this code.

6.08.010

Chapter 6.08

DOGS AND CATS

Sections:

6.08.010 Definitions.

6.08.020 License – Required – Procedure for obtaining.

6.08.030 License – Application.

6.08.040 License – Transferability – Tag issuance – Duplicates.

6.08.050 License – Expiration.

6.08.060 Rabies vaccination required.

6.08.070 Pound established – Animal warden appointment.

6.08.080 Unlicensed or stray dogs and cats.

6.08.090 Running at large.

6.08.100 Impoundment – Recordkeeping.

6.08.110 Impoundment – Retention period – Disposition.

6.08.120 Impoundment – Collection of fees.

6.08.130 Voluntary disposal – Fee.

6.08.140 Female dogs and cats in season.

6.08.150 Barking dogs.

6.08.160 Vicious dogs.

6.08.170 Running at large on school grounds.

6.08.180 Dogs or cats in parks – Prohibited.

6.08.190 Dogs or cats in parks – Ejection authority.

6.08.200 Abandonment unlawful.

6.08.210 Animal kennels.

6.08.220 Dog or cat shows and seeing – eye dogs.

6.08.010 Definitions.

As used in this chapter, unless the context otherwise indicates:

A. “Animal warden” means any one or more of the employees of the town designated by the mayor as animal wardens.

B. “At large” means off the premises of the owner and not under the control of the owner or any person either by lease, cord, chain or otherwise.

C. "Cat" means both female and male.

D. "Disposal of dog or cat" means dogs or cats shall be shot and killed or disposed of in any manner which the animal catcher or pound master may see fit.

E. "Dog" means both female and male.

F. "Kennel" means any premises or property of any kind or description where more than two female dogs or cats are kept for breeding purposes, or where more than one litter of pups, dogs, kittens or cats are kept for purposes of sale.

G. "Owner" means any person owning, keeping or harboring a dog and/or cat.

H. "Pound" means the place provided by the town for the impounding of dogs and cats.

I. "Vaccinate" means the inoculation of a dog or cat with an antirabies vaccine by any licensed veterinarian.

6.08.020 License – Required – Procedure for obtaining.

A. The owner of every dog or cat harbored or maintained within the town shall license such dog or cat within thirty days after such dog or cat becomes five months old, or within thirty days in the case of a dog or cat five months old or older, newly brought into the town.

B. No license shall be issued unless the applicant therefore produces satisfactory proof that such dog or cat has been vaccinated with a rabies vaccine currently effective. Such proof may be made by presenting the vaccination receipt referred to in Section 6.08.060 of this chapter.

C. Dog and cat licenses shall be issued by the mayor, or the animal warden and the animal license fee of ten dollars for each male or spayed female and twenty dollars for each unspayed female shall be collected; provided that any dog or cat becoming five months old on or about September 1^st of any year or which is brought into the town on or after that date shall be subject to license at one half the regular fee.

D. The license fee on all dogs or cats is due on January 1st of each year, and if not paid within thirty days thereafter, as provided in this chapter, shall therefore, be twenty dollars for each male or spayed female and forty dollars for each unspayed female.

6.08.030 License – Application.

The owner shall, at the time of application for a license is made, state upon a printed form provided for that purpose, the name and address of the owner, the name, breed, color, sex, age, and if a female, whether spayed or not, of each dog or cat owned or kept by him; also the date such dog or cat was vaccinated and

6.08.040 License – Transferability – Tag issuance – Duplicates.

A. Upon payment of the license fee under this chapter, the clerk – treasurer or agent designated as provided in this chapter shall issue to the owner a license certificate in the form of a receipt and a metallic tag for each dog or cat so licensed. The tag shall have stamped thereon the year for which it was issued and the number appearing on the certificate. Every owner shall provide each dog or cat with a collar and shall securely attach to such collar the license tag and the vaccination tag.

B. No license provided for in this chapter is transferable, and no license tag shall be fastened to any dog or cat other than the one for which it was issued. Any person who knowingly fastens a license tag or a vaccination tag to any dog or cat other than the one for which such tag was issued or who willfully permits such dog or cat to wear any license tag or vaccination tag issued for another dog or cat, is guilty of a misdemeanor, and the animal warden shall impound every dog or cat found bearing a license tag or vaccination tag not issued for that dog or cat, and shall dispose of such dog or cat as provided by Section 6.08.110 of this chapter.

C. In case a license tag is lost or destroyed, the owner of the dog or cat shall apply to the clerk – treasurer for a duplicate tag and the clerk-treasurer shall issue a duplicate tag upon presentation of the receipt showing payment for the license for the current year and upon payment of three dollars for the duplicate tag.

D. In case a vaccination tag is lost or destroyed, the owner of the dog or cat shall apply to the veterinarian who vaccinated the dog or cat for a duplicate tag upon the presentation of the receipt showing payment for the vaccination and upon payment of such charge as the veterinarian may require

6.08.050 License – Expiration.

All licenses shall expire at twelve midnight of the last day of December, next after payment of the license fee.

6.08.060 Rabies vaccination required.

The owner of every dog or cat kept, harbored, or maintained within the town which is five months old or older shall, at such owner's expense cause such dog or cat to be vaccinated for rabies by a licensed veterinarian, and the owner of any such dog or cat who shall for thirty days willfully fail to have such dog or cat vaccinated is guilty of a misdemeanor. The veterinarian vaccinating such dog or cat shall give to the owner a rabies vaccination receipt and a metallic vaccination tag. The veterinarian shall retain a copy of the vaccination receipt for such period as the health officer of the town shall prescribe. The owner of such dog or cat when applying for the license required by Section 6.08.020 of this chapter shall present either the vaccination tag or the original vaccination receipt as proof of vaccination.

6.08.070 Pound established – Animal warden appointment.

There is established a pound in the town. The animal warden and police shall be in charge of such pound, with conjunction of the veterinarian. The animal warden shall be designated by the mayor to act as such animal warden.

6.08.080 Unlicensed or stray dogs and cats.

A. Every unlicensed dog or cat running at large shall be taken by the animal warden or pound master and immediately disposed of in any manner in which the animal warden or pound master may see fit.

B. Every person who knowingly keeps, feeds, harbors or allows to stay on premises occupied or controlled by him, any dog or cat for which no license fee has been paid, or upon which no license tag and vaccination tag are kept as required by Section 6.08.040 of this chapter, is guilty of a misdemeanor.

6.08.090 Running at large.

A. Every dog or cat, licensed, found running at large in the streets, avenues, alleys or public places within the town, or on private property belonging to persons other than the owners or persons in control of such dogs or cats, is declared to be a public nuisance and may be taken and impounded in the town pound by the animal warden, any policeman or other persons designated by the mayor from time to time for such purpose.

B. Every owner or other person in control of or feeding any dog or cat, who allow such dog or cat to be at large as defined in Section 6.08.010 of this chapter, is guilty of maintaining a public nuisance and. therefore guilty of a misdemeanor.

6.08.100 Impoundment – Recordkeeping.

Immediately upon impounding any dog or cat, the animal warden shall record in a book to be provided by the town and by him kept for that purpose, a description of such dog or cat. Such record shall state the sex, color, breed, estimated age, distinguishing marks, if any, and the date and hour of impounding, upon final disposition of such dog or cat, the record shall show the disposition.

6.08.110 Impoundment – Retention period – Disposition.

A. Every dog or cat impounded shall be held for a period of forty-eight hours after such impoundment and if not claimed by their owner or by some person acting in the owner's behalf who pays the license and impounding fees as provided in this chapter, may be put to death by the animal warden; provided, that instead of putting such dog or cat to death, the animal warden, in his discretion, may turn any such dog or cat over to some person who agrees to and who does permanently removes it from the town and who finds a home for the dog or cat outside the town and if the dog or cat is less than one year old, the animal warden may turn such dog or cat over to some person who agrees to find a home for the dog or cat inside town. In either case, such person must pay the fees referred to in Section 6.08.120 of this chapter, except that no license fee need be paid for a dog or cat to be removed from town.

B. Any female dog or cat may be released by the animal warden, free of any pound charges, provided the following procedure is followed: Citizen may express desire to adopt a female dog or cat. This animal will be held by the animal warden eight hours longer to give the citizen time to acquire a paid certificate for spaying operation by the veterinarian. The animal warden or police officer will verify the receipt by calling the veterinarian whose signature is shown.

C. A time period of seventy-two hours will be allowed for entering a veterinarian hospital for spaying purposes. Upon completion of spaying, the veterinarian must notify the animal warden of same.

D. If these time limits are not followed, the dog or cat will be reclaimed by the animal warden.

6.08.120 Impoundment – Collection of fees.

Before any dog or cat is released from the pound, the animal warden shall collect from the person claiming such dog or cat, a fee of twenty dollars for impounding such dog or cat and a fee of ten dollars for each day or fraction of a day that the dog or cat has been impounded. It is the duty of the animal warden to remit immediately all sums of money collected by him to the clerk-treasurer.

6.08.140 Female dogs and cats in season.

Every person having under his control any female dog or cat in heat (i.e., in the oestrual period) shall confine such dog or cat in a house, garage or other building, and in such manner as to eliminate the congregation of other dogs or cats in the immediate vicinity of the female. Any such female dog or cat not so confined is a public nuisance, and the owner or other person in control of such dog or cat is guilty of maintaining a public nuisance and is therefore guilty of a misdemeanor. The animal warden or any policeman shall immediately abate every such nuisance by impounding or disposing of such dog or cat as provided in Section 6.08.080 or 6.08.090 of this chapter.

6.08.150 Barking dogs.

Every person who keeps, feeds, harbors or allows to stay about any premises occupied or controlled by him, any dog which by loud and continuous barking, howling or yelping constitutes an annoyance or disturbance to the neighborhood or to any considerable numbers of persons is guilty of maintaining a public nuisance and is therefore guilty of a misdemeanor.

6.08.160 Vicious dogs.

A. Any person who keeps, feeds, harbors, or allows to stay about the premises occupied or controlled by him within the town any vicious, unruly or ferocious dog, and suffer such dog to be at large or insecurely confined is guilty of maintaining a public nuisance and is guilty of a misdemeanor. Every day such dog is suffered to be at large or insecurely confined is a separate offense.

B. Upon the discretion and advice of the health officer, any animal which bites or otherwise exposes a person shall be isolated in strict confinement in a place and manner as prescribed by the town health officer and observed for at least fourteen days after the day of infliction of the bite. If approved by the health officer, such animal must be impounded by the animal warden, in which case the owner must pay the daily fee. If the owner fails to pay such fees, the animal warden shall dispose of the animal.

c. On the digression of Law Enforcement, the animal shall be disposed of immediately if deemed necessary.

6.08.170 Running at large on school grounds.

A. Every person who owns, keeps or harbors any dog or cat who knowingly permits such dog or cat to run at large on any school grounds within the town, is guilty of maintaining a public nuisance and is therefore guilty of a misdemeanor.

B. Any officer or employee of the town and any officer or employee of any school within the town is authorized to take, chase or drive any dog or cat from such school grounds using any reasonable means therefore, and the animal warden shall impound or dispose of any dog or cat found running at large on any such school ground as provided in Section 6.08.080 or 6.08.090 of this chapter.

6.08.180 Dogs or cats in parks – Prohibited.

Every person who at any time shall take any dog or cat into any park owned by the town or who permits any dog or cat owned by such person to be in any such park or who shall induce any dog or cat to enter or remain in any such is guilty of a misdemeanor.

6.08.190 Dogs or cats in parks – Ejection authority.

Any officer or employee of the town is authorized to take, chase or drive any dog or cat from any park owned by the town any time, using any reasonable means therefore, and the animal warden shall impound or dispose of any dog or cat found running at large in any such park as provided in" Section 6.08.080 or 6.08.090 of this chapter.

6.08.200 Abandonment unlawful.

No person shall abandon or in any manner turn loose any dog or cat to stray upon the streets of the town.

6.08.210 Animal kennels.

Any person, firm or corporation maintaining a kennel as defined in Section 6.08.010 of this chapter, shall pay a license fee of 100.00 dollars per year for the maintaining of such kennel. No license shall be issued until the premises to be used for such kennel have been inspected and approved by the animal warden or by the health department of the town. Every person, firm or corporation licensed under this section shall be subject to regulation, inspection, control and supervision by the animal warden and the health department. Inspections shall be performed quarterly.

6.08.220 Dog or cat shows and seeing-eye dogs.

A. No license shall be required for dogs or cats brought into the town for the purpose of participating in any dog or cat show, but such dogs and cats must be vaccinated as required by Section 6.08.060 of this chapter.

B. Licenses shall be required for seeing-eye dogs trained to assist blind persons, when such dogs are actually being used by blind persons, but the fees provided for in Section 6.08.060 of this chapter, shall be waived, but such dogs must be vaccinated as required by section 6.08.060 of this chapter.

Title 8

HEALTH AND SAFETY

Chapters:

8.04 Fire Prevention and Control

8.08 Storage of Inflammable Liquids

8.12 Fireworks