At the last city council meeting, there was once again the discussion about dogs running loose, and the question was asked about why we cannot fix this problem. Below you will find a section of the ordinance that deals with animals within the city limits. The original ordinance is six pages long, and you can find it on the Town of Big Sandy web page. There remain at least two significant issues. You cannot just complain about it or talk to a deputy; you must sign an official complaint before the deputies can do anything about the problem. Last year there was only one official complaint. However, the second problem is more problematic. Animal owners can be given a ticket and must face a judge; however, according to the ordinance, dogs will be picked up and taken to Dedmans if they continue to create an issue. There is no one to pick up the animal and take it to Dedman. County deputies will not transport a dog to Fort Benton; it is illegal for them to do so. Only a Big Sandy town authority can do it, and Big Sandy does not have an appointed person. Big Sandy also has no budget for such activity. Therefore the ordinance is not entirely enforceable. Part of it will be enforced, but a problem dog’s conclusion cannot occur except for a dog that bites or kills.
If you do not know the ordinance, here is some of the wording. “SECTION 6.04.05.
ANIMAL RUNNING AT LARGE. It is unlawful for any person who owns, harbors, maintains, or keeps a dog, or the parents or guardians of such person under eighteen (18) years of age, to allow such animal to run at large. Any person may take up any dog running at large and take some to the animal shelter. No compensation or reward will be paid directly or indirectly for such taking and delivery.”
“SECTION 6.04.06. DOGS PROHIBITED IN PARKS. The presence of dogs in town parks is prohibited. The owner of any dog that is found in a town park is deemed in violation of this section and maybe punished as provided in Section 6.04.16.”
“SECTION 6.04.07. NUISANCE ANIMAL. It is declared a public nuisance for any dog or other animal to destroy, damage or injure property or other pet, to bite, or chase after persons not trespassing on the property, injuring or attempting to injure the person, family or property of the owner, to chase vehicles in public streets or ways, or by prolonged howling, yelping, barking or by any other means, declared to be a public nuisance for a dog to come unto property not that of the dog’s owner. Any such nuisance animal may be taken up and impounded by the Town Authorities. It is unlawful for any person to own, harbor, keep or maintain any such nuisance animal. Any person aggrieved by a nuisance animal, the town attorney, or town authorities, may file a complaint in the police court, charging the owner with the violation of this section. Upon a third conviction under this section, the nuisance animal shall be seized and taken up by the town authorities and put to death forthwith.”
“SECTION 6.04.08. DANGEROUS ANIMAL. It is unlawful to own, keep, harbor, or maintain a dangerous animal exhibiting “vicious behavior”. Vicious behavior defined: Any animal, except a dog assisting a police officer engaged in law enforcement duties, is presumed vicious if the animal demonstrates any or all of the following behaviors: An attack, without provocation, which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is conducting themselves peaceably and lawfully; An attack, without provocation, that results in injury to a persons in a place where such person is conducting themselves peaceably and lawfully; Harassing, chasing, or an attack on other pets, or livestock not trespassing onto the property of, injuring or attempting to injure the person, family or property of the owner. Lawful Presence. For the purposes of this ordinance, a person is peaceably and lawfully upon the private property of a dog owner when in the performance of any duty imposed by the laws of this State or any city or County, or by the laws or postal regulations of the United States, or when on such property upon invitation, express or implied. Any such dangerous animal may be taken up and impounded by a law enforcement officer. The animal may be redeemed by the owner after compliance with all licensing and vaccination requirements if the animal is not being held for a court hearing. Upon a second or subsequent conviction under this ordinance or in a single instance where the facts indicate that such action is necessary for the safety of the citizens of this Town or their property, the dangerous animal shall be seized by a law enforcement officer. A court hearing will determine if thethe animal is to be euthanized or permanently removed from the Town.”
