Montana

Summary: The Montana equine activity liability act provides that it is the policy of the state of Montana that a person is not liable for damages sustained by another solely as a result of risks inherent in equine activities if those risks are or should be reasonably obvious, expected, or necessary to persons engaged in equine activities. Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or intentionally injures the participant.

Summary: This Montana statute provides that the owner of any dog which shall without provocation bite any person while such person is on or in a public place or lawfully on or in a private place, including the property of the owner of such dog, located within an incorporated city or town shall be liable for such damages as may be suffered by the person bitten regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.

Summary: The following statutes comprise the state's relevant assistance animal and guide dog laws.

Summary: These Montana statutes provide the short title for the Nongame and Endangered Species Conservation Act, the definitions associated with the Act, and the legislative policy behind the Act.

Summary: In Montana, a person may not operate an alternative livestock ranch without a license. Such ranches are defined as enclosed land upon which animals such as privately owned caribou, white-tailed deer, etc, are kept for purposes of obtaining, rearing in captivity, keeping, or selling. The rancher has reporting requirements. Failure to comply with provisions of the act may result in revocation of the license.

Summary: This law represents Montana's hunter harassment law. Under the law, a person may not intentionally interfere with the lawful taking of a wild animal or fishing by another, which includes disturbing a wild animal by engaging in actions or the placement of objects/substances to prevent its taking. This section does not prohibit a landowner or lessee from taking reasonable measures to prevent imminent danger to domestic livestock and equipment.

Summary: Under Montana State law, it is unlawful to buy, sell, or possess, or offer to buy, sell or possess any migratory game bird, game fish, or game animal. The exceptions include the possession and transportation of legally taken game animals, the sale or purchase of hides, heads or mounts of legally acquired game animals, and the possession of naturally shed antlers of game animals, among other exceptions.

Summary: This Montana statute states that a trust for the care of a designated domestic or pet animal is valid (but for no longer than 21 years, even if the trust provides for a longer term). The trust terminates when no living animal is covered by the trust. Extrinsic evidence is admissible in determining the transferor's intent. Except as expressly provided otherwise in the trust instrument, no portion of the principal or income may be converted to the use of the trustee or to any use other than for the trust's purposes or for the benefit of a covered animal and a court may reduce the amount of the property transferred if it determines that that amount substantially exceeds the amount required for the intended use.

Summary: In Great Falls, Montana, it is unlawful for any person, persons, or family to keep, harbor or maintain in or on the same premises a total of more than 2 dogs over 6 months of age or 2 cats over 6 months of age without first obtaining a multiple animal permit. A person found violating this section is guilty of a misdemeanor, which is  punishable by a maximum fine of $500.00. Other penalties may also apply.

Summary: In Butte-Silver Bow County, Montana, it is unlawful for any dog, whether restrained or unrestrained, to be in certain public places unless the dog is assisting a sight or hearing impaired person. Additionally, license fees are waived for dogs trained to assist sight or hearing impaired persons, when such dogs are actually being used by sight or hearing impaired persons, but such dogs must still obtain a license and must still be vaccinated.