MISSOULA – The city of Missoula, Mont. has a new pet shelter ordinance in place. The new ordinance allows Missoula County Animal Control to legally address the issue of pet housing.
Animal Control officers said that while the ordinance only legally applies within the city limits, it is used throughout Missoula County as a guide for the correct shelter.
In Missoula City Ordinance Article III Keeping, Using or Caring for Animals, Section 6.07.460, the Cruelty to Animals Subsection D states that dogs kept outside must be provided a shelter/dog house that is:
• Moisture proof and windproof.
• Of a suitable size to accommodate the dog being kept and allow for retention of body heat.
• The shelter/dog house shall be made out of durable material with a solid, moisture proof floor or a floor that is raised from the ground at least two inches.
• Between Nov. 1 and March 31 the shelter must have a windbreak at the entrance.
• The shelter shall be provided with a sufficient quantity of suitable bedding material consisting of hay, straw, shavings, blankets, or the equivalent, to provide insulation and protection against the cold and dampness and promote retention of body heat.”
The ordinance continues to state that, following an investigation, should the Animal Control Officer feel that any of these requirements are being violated, the officer has the power to immediately impound the animal to ensure that it receives proper care and/or veterinary attention at the owner’s expense.
The ordinance is echoed, in less detail, in the Montana Code Annotated (MCA) 45-8-211 Cruelty to Animals-exceptions where it states in part: 1) A person commits the offense of cruelty to animals if, without justification, the person knowingly or negligently subjects an animal to mistreatment or neglect by: (c) failing to provide an animal in the person’s custody with:(ii) minimum protection for the animal from adverse weather conditions, with consideration given to the species.
Someone convicted of an offense of the state law can be fined up to $1,000, imprisoned for up to one year or both. If the offender is the owner, he/she may be required to forfeit the animal and be subject to other penalties. A second offense can result in a fine up to $2,500 and up to two years in jail.
Animal Control representative Kelly Stalkfleet said that this was a problem that needed to be addressed in Missoula and this legislation will help everyone involved, including Animal Control’s ability to enforce it.
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