While there isn’t a statewide law in Montana specifically banning leaving pets chained outside, there are regulations and laws concerning animal control, emotional support animals, and service dogs that offer some guidance.
Local Ordinances:
- Dog Control: Montana statutes allow county governing bodies to regulate, restrain, or prohibit dogs running at large, including ordinances related to licensing. Violations of these ordinances can result in a misdemeanor.
- Leash Laws: In Bozeman, Montana, dogs in public spaces must be leashed or chained, with the restraint no longer than 6 feet. Dogs found roaming free more than twice should be secured when outside. Dangerous or vicious dogs must be confined or, when not confined, muzzled and restrained with a leash no longer than 3 feet and a tensile strength of 300 pounds.
- Criminal Violations: Criminal leash law violations are considered misdemeanors in Montana, with fines ranging from $100 to $500 depending on the number of offenses.
Emotional Support Animals (ESAs):
- HB 703: Montana passed HB 703 in 2023, which allows landlords to request supporting information about a tenant’s need for an ESA, requiring a licensed mental health professional to identify the emotional need the animal relieves. The professional must have a relationship with the individual for at least 30 days before issuing an ESA letter.
- Landlord Restrictions: The law prohibits landlords from requiring information about a tenant’s diagnosis or the severity of their disorder. Tenants are responsible for any property damage or injuries caused by their ESA.
Service Animals:
- Public Accommodations: Under Montana’s human rights law and the ADA, people with disabilities can bring service animals to all public accommodations.
- Exclusions: A service animal can be excluded if it poses a direct threat to the health and safety of others, isn’t housebroken, or is out of control.
- Housing: Both the FHA and Montana law prohibit discrimination in rental housing against those who use service animals.
It is important to note that general animal cruelty laws may apply if a pet is chained in a way that deprives it of necessary food, water, shelter, or veterinary care.
Sources:
- https://www.animallaw.info/statutes/us/montana
- https://owossoindependent.com/is-it-illegal-to-leave-your-pet-chained-outside-in-missouri-heres-what-the-law-says/
- https://pettable.com/blog/montana-esa-laws
- https://owossoindependent.com/is-it-illegal-to-leave-your-pet-chained-outside-in-maine-heres-what-the-law-says/
- https://www.nolo.com/legal-encyclopedia/montana-laws-on-service-dogs-and-emotional-support-animals.html
