Boulder, Montana

§ 90.003 LICENSING.

(A)   It is unlawful for any person to own, harbor or keep any dog over the age of five months, or to permit such a dog which is owned, harbored or controlled by him or her to be within the city limits unless the dog has attached to its neck or leg a substantial collar containing a metal license tag which is issued by the authority of the municipality for the purpose of identifying the dog and designating a license number. No person shall own, keep or harbor any dog within the city limits unless such dog is licensed as herein provided.

[…]

(2)   The annual license fee shall be $5 for each neutered male or spayed female dog. The annual license fee shall be $20 for each un-spayed or un-neutered dog. Any person bringing any dog into the city, after the date this chapter is effective, except as otherwise provided, shall immediately make application for such license and pay the license herein provided for; but such license shall expire on the thirty-first day of the following December. No application for a dog license shall be accepted until the applicant has produced satisfactory evidence that the dog for which the license is to be issued has been vaccinated for rabies within two years immediately preceding the date of application with “avianized flury” strain rabies vaccine.

§ 90.032 DISPOSITION OF UNREDEEMED ANIMALS.

The refusal or failure of the owner of any such impounded animal to pay the fee and charges within 72 hours of notification shall be held to be an abandonment of the animal by the owner. In the event that any impounded dog or other animal is not redeemed by the owner, it may be disposed of by the Animal Control Officer or any law enforcement officer in a humane manner. A dog or other animal may be placed for adoption with a suitable person subject to requirements that it be spayed or neutered as required by M.C.A. § 7-23-4204. Any impounded dog or other animal suffering from an infectious disease shall not be released, but shall be put to death unless the Chief of Police shall otherwise order.

§ 90.080 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

[…]

KENNEL. A building, enclosure or portion of any premises:

(1)   Where dogs are boarded or kept for hire, sale or breeding;

§ 90.081 LICENSE; FEE; ISSUANCE; APPLICATION.

(A)   Any person maintaining a kennel within the city shall pay a yearly license fee for maintaining such kennel.

(B)   Issuance of any kennel license shall be subject to the right of inspection of the kennel and premises by the Animal Control Officer, or any law enforcement officer of the city.

(C)   Application for such kennel license shall be made to the City Clerk and initial application must be accompanied by the written consent of at least 75% of all persons in possession of premises within 100 feet of the proposed kennel and accompanied by a deposit of a license fee as provided in this chapter, which deposit shall be returned to the applicant if the license is not issued.

(D)   The application for license shall state:

(1)   The name and address of the owner;

(2)   The location of the proposed kennel;

(3)   The number of animals therein;

(4)   Verification from the property owner’s insurer that there is sufficient liability insurance to cover any reasonably foreseeable occurrence involving the animals kept on the premises; and

(5)   The endorsement of the City Clerk, showing that the premises sought to be licensed as a kennel does not violate any zoning ordinance or resolution.

(E)   All applications for licenses shall be submitted to the City Council for approval.

§ 90.082 CLASSES ESTABLISHED; LICENSE FEES.

(A)   There shall be three classes of kennels as follows.

(1)       (a)   A Class One kennel shall be:

1.   Where more than three but no more than five adult dogs are kept; or

2.   Where not more than three litters are bred annually.

(b)   The annual license fee for the Class One kennel shall be $75.

(2)       (a)   A Class Two kennel shall be:

1.   Where no more than five adult dogs are kept; or

2.   Where more than three but no more than five litters are bred annually.

(b)   The annual license fee for a Class Two kennel shall be $100.