[Ord. No. 1984 § 1, 12-15-1997; Ord. No. 2073 § 3, 5-17-1999; Ord.
No. 2530 § 2, 5-19-2008]
A.
A dog of any size, weight or breed kept within the City may be designated
a "dangerous dog" if a Police Officer, the Code Enforcement
Officer or the City Administrator determine that the dog has committed
any of the following acts:
1.
A dog which has, while off the premises of the dog's owner,
killed a domestic animal or has caused in any way a serious injury
to a domestic animal. "Serious injury" means an injury
caused by the dog biting and/or scratching and/or otherwise injuring
the domestic animal, resulting in the domestic animal having one (1)
or more broken bones, or having lacerations requiring multiple stitches
or sutures, or having another serious type of injury sufficient to
require at least twenty-four (24) hour hospitalization of the domestic
animal at a veterinary clinic.
2.
A dog which has killed or injured a person (other than an extremely
minor injury) by biting, scratching or jumping on the person.
3.
A dog which has taken training for fighting other dogs.
B.
A determination may be made that a dog not be designated a "dangerous dog" when any of the following circumstances
are found to apply:
1.
When a person injured by the dog was, at or near the time of the
injury, committing or attempting to commit a trespass upon the property
occupied by the dog's owner, or was committing or attempting
to commit a criminal act on such property.
2.
When a person injured by the dog was, at or near the time of the
injury, teasing, aggravating, abusing or assaulting the dog, its mate
or its offspring, or attempting to tease, aggravate, abuse or assault
the dog, its mate or its offspring.
3.
When a domestic animal injured by the dog was, at or near the time
of the injury, attacking or teasing the dog or its mate or its offspring.
4.
When the dog, at the time of the acts complained of, was responding
to pain or an injury the dog received.
[Ord. No. 1984 § 1, 12-15-1997; Ord. No. 2385 §§ 1
— 2, 12-19-2005]
A.
Any finding by a Police Officer, the Code Enforcement Officer or the City Administrator that a dog shall be designated as a "dangerous dog" under the provisions of Section 4-32 shall be made by such person in a written notice prepared no later than ten (10) days after the incident occurred, based on one (1) or more of the proof provisions of Subsection (B).
B.
A Police Officer, the Code Enforcement Officer or the City Administrator
may designate a dog as a "dangerous dog" upon a finding that a dog comes under the provisions of Section 4-32 based upon one (1) or more of the following:
1.
Actions of a dog personally witnessed by a Police Officer, the Code
Enforcement Officer or the City Administrator.
2.
Findings of guilt by a judge or pleas of guilt by a person in Municipal
Court or State Court involving a dog.
3.
Police records of dog incidents, if deemed reliable and sufficient
without additional information, or supplemented by additional information
obtained later. Such Police records include records involving cases
prosecuted in State Court or Municipal Court.
C.
If a Police Officer, the Code Enforcement Officer or the City Administrator determines that a dog comes within the provisions of Section 4-32 and thus is a "dangerous dog", then that designation
shall be made in a written notice which shall include the following
information:
1.
A description of the dog, including breed, color and gender if known;
2.
The name and address of the dog's owner, if known;
3.
The dog's license tag number (if any);
4.
The facts upon which the person made the determination to designate
the dog as a "dangerous dog" under the provisions of Section 4-32; and
5.
The current location of the dog if different from the owner's
address.
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The written notice shall also state the additional requirements that the owner of a dangerous dog must comply with as set forth in Section 4-34, along with the possible penalties for violating those requirements. The written notice shall inform the owner that the owner must begin complying with the requirements on a date set forth in the notice, which shall be no later than thirty (30) days from the date the written notice is delivered. The written notice also shall state that the owner of the dog designated a "dangerous dog" has the right to contest the facts and the designation of the dog
as a "dangerous dog" by filing a written request
with the City Clerk within five (5) days, for an informal hearing
before a Hearing Board composed of the Mayor and two (2) Aldermen.
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D.
The written notice designating a dog as a "dangerous dog" shall be personally delivered to the dog's owner or to a member
of the dog owner's family or household seventeen (17) years of
age or older. The owner of the dog designated a "dangerous
dog" may within five (5) days from the date of delivery of
the notice file with the City Clerk a written request for an informal
hearing before a Hearing Board composed of the Mayor and two (2) Aldermen
to contest the facts and the designation of the owner's dog as
a "dangerous dog" under the provisions of Section 4-32. The two (2) Aldermen to hear the informal appeals with the Mayor shall be selected by the Board of Aldermen. If a written request for an informal hearing before the Hearing Board is filed with the City Clerk within the time permitted, the Hearing Board shall hold a hearing to determine if the dog is a "dangerous dog" under the provisions of Section 4-32. The City Clerk shall provide at least five (5) days' notice of the date, time and location of the hearing to the dog owner by personal delivery of the hearing notice to the owner or to a member of the dog owner's family or household seventeen (17) years of age or older, or by certified mail to the dog owner (with delivery presumed two (2) days after the date of mailing). The hearing shall be open to the public, and all interested persons (including City personnel) shall be given an opportunity to present evidence on the issue of whether the dog is a "dangerous dog" under the provisions of Section 4-32, provided that the Hearing Board may limit testimony and written evidence that appears to be cumulative or not relevant. The Hearing Board shall then decide at the conclusion of the introduction of the evidence at the hearing whether to uphold or set aside the designation of the dog as a "dangerous dog" under the provisions of Section 4-32. The decision of the Hearing Board shall be set forth in writing within five (5) days of the hearing date and a copy shall be given to the dog's owner and to the Police Department.
E.
If a Police Officer, the Code Enforcement Officer or the City Administrator
determines and designates a dog to be a "dangerous dog" under the provisions of Section 4-32 and that designation is not contested within the time allowed, or if the Hearing Board after the informal hearing upholds the designation made by a Police Officer, the Code Enforcement Officer or City Administrator that a dog is a "dangerous dog" under the provisions of Section 4-32, then such designation or decision shall create a conclusive presumption that the dog designated as a "dangerous dog" is in
fact and in law a "dangerous dog" under the provisions of Section 4-32, and the owner of such dog and the dog are subject to all the provisions of this Article. A dog designated a "dangerous dog" shall be subject to the provisions of this
Article for the remainder of its life while kept within the City,
regardless of who owns the dog. The provisions set forth in this Article
shall be required to be complied with by the dog's owner and
the dog beginning on the date set forth in the written notice designating
the dog as a "dangerous dog", which date shall be
no later than thirty (30) days from the date of delivery of the written
notice as provided in Subsection (B) of this Section, or beginning
on the date set by the Hearing Board in a decision where the Hearing
Board upholds the "dangerous dog" designation made
by a Police Officer, the Code Enforcement Officer or the City Administrator,
which date shall be no later than thirty (30) days from the hearing
date.
[Ord. No. 1984 § 1, 12-15-1997; Ord. No. 2413 §§ 1,
3, 5-15-2006]
The owner of any dog that has been designated a "dangerous
dog" under the provisions of this Article shall comply with following, beginning at the time as provided for in Section 4-33:
1.
Confinement. Except when leashed and muzzled as
provided in this Section, a dangerous dog shall be securely confined
in an enclosed building or securely confined in a locked pen or other
like locked enclosure that is suitable to prevent the entry of children
and is designed to prevent the dog from escaping. If confined in an
enclosed building the dangerous dog shall not be kept in any part
of the enclosed building that would allow the dog to leave such building
on its own. Further, the dangerous dog shall not be kept in any part
of the enclosed building with open windows or where screen windows
or screen doors are the only obstacle preventing the dog from leaving
the building. If the dangerous dog is confined in a pen or other like
enclosure, all gates or doors of the pen or enclosure shall be locked
with a key or combination lock. Further, the pen or enclosure shall
have secure sides of sufficient height and a secure top attached to
the sides to prevent escape of the dog. Further, the pen or enclosure
shall either have a secure bottom or floor permanently attached to
the sides, or the sides of the pen or enclosure shall be embedded
in the ground no less than twenty-four (24) inches or be embedded
into a concrete pad no less than four (4) inches. Further, the pen
or enclosure shall be of such material and closed in such a manner
that the dog cannot leave the pen or enclosure on its own. Further,
the pen or enclosure shall comply with all applicable zoning and Building
Code provisions, but in addition shall be located at least ten (10)
feet from any property line. A Police Officer or the Code Enforcement
Officer shall be permitted to inspect the pen or enclosure in which
the "dangerous dog" is kept, at any time, to determine
compliance with this Article.
2.
Outside of confinement. No dangerous dog shall be
outside of its required building, pen or enclosure, including on the
dog owner's property, except under the following conditions:
a.
The dangerous dog shall be secured on a leash of sufficient strength
to restrain the dog and shall be not more than four (4) feet in length.
The leash shall be physically controlled by a person capable of restraining
the dog with a leash and shall not be attached to an object such as
a tree, post or building; and
b.
The dangerous dog shall further be muzzled by a properly fitted muzzling
device fastened over the dog's mouth sufficient to prevent the
dog from biting a person or another animal. Such muzzle shall not
interfere with the dog's breathing or vision.
3.
Signs. If a dangerous dog is confined in a pen or
other enclosure, a sturdy sign that can weather the elements shall
be conspicuously posted on the side of the pen or enclosure where
the door is, with the following words in letters at least four (4)
inches in height: "Beware of Dangerous Dog". If a dangerous dog is
confined in an enclosed building, a sturdy sign that can weather the
elements shall be conspicuously posted in front of the front entrance
of the building or attached to the front of the building with the
following words in letters at least four (4) inches in height: "Beware
of Dangerous Dog".
4.
Liability insurance or cash escrow. The owner of
a dangerous dog shall comply with one (1) of the following two (2)
alternative provisions:
a.
Liability insurance. The owner of a dangerous dog
shall obtain and keep in effect at all times while the dog is kept
within the City public liability insurance in a single incident amount
of at least fifty thousand dollars ($50,000.00) covering any property
damage or bodily injury, including death, to any person or persons
that may be caused by the dog. Such insurance policy shall provide
that no cancellation of the policy will be made unless ten (10) days'
written notice is first given by the insurance company to the City
of such cancellation. The insurance policy shall further provide that
the insurance company shall give written notice to the City of any
termination, expiration or non-renewal of the insurance policy. The
owner of the dangerous dog shall present to the City Clerk written
proof that such liability insurance has been obtained and is in effect,
including the expiration date of the policy; or
b.
Cash escrow. The owner of a dangerous dog shall
deposit with the City the sum of seven hundred fifty dollars ($750.00)
in cash or by certified check or money order to be held by the City
in escrow. The dangerous dog owner shall not be entitled to earn any
interest on the deposit and the City shall owe no interest to said
dog owner. The City shall hold the money in escrow as a source of
funds to pay for any subsequent injury to a person (other than the
owner of the dangerous dog), subsequent injury to an animal (other
than a wild animal) or subsequent damage to another person's
property caused by the dangerous dog. If funds are expended by the
City from such escrowed amount for such injury or damage, the then
owner of the dangerous dog shall, within thirty (30) days after receiving
written notice by the City of the funds expenditure, deposit with
the City, in cash or by certified check or money order, a sum sufficient
to return the amount of the escrowed funds to seven hundred fifty
dollars ($750.00). If the owner of a dangerous dog who had deposited
funds with the City as required above later shall provide sufficient
proof to the Code Enforcement Officer or the City Administrator of
the death of such dangerous dog, then the City Administrator shall
direct that the balance of the escrowed funds after payment for all
above-stated injuries and property damage shall be refunded to the
dangerous dog owner who deposited the funds with the City. The City
shall have no obligation to refund to a dangerous dog owner or other
person any amounts deposited into escrow by the dangerous dog owner
as required above except as provided above to the dangerous dog owner
concerning the death of the dangerous dog or except by motion approved
by a majority vote of the Board of Aldermen with any stipulated conditions.
5.
Dangerous dog tags. Every dangerous dog shall wear
a red circular metallic tag affixed by a permanent metal fastening
to the dog's collar in addition to the metallic tag required
for all dogs. The owner shall obtain the red circular tag from the
City Clerk after providing the City Clerk with information, including
the name and address of the owner, and the breed, age, gender, color
and identifying marks of the dog, as well as the location where the
dog is to be kept, if not at the owner's address. The City Clerk
shall issue the red circular metallic tag at no cost to the owner
of each dangerous dog. The red circular metallic tag shall be worn
on the collar of a dangerous dog at all times to clearly and easily
identify the dog as a dangerous dog. The City may inscribe such wording
and numbering on the red circular metallic tag as deemed necessary.
In case any red circular metallic tag becomes lost, a duplicate may
be issued by the City Clerk. It is unlawful to counterfeit or attempt
to counterfeit the red circular metallic tag. It further is unlawful
to take, remove or cause to be taken or removed the metallic tag or
collar placed upon the dangerous dog by its owner, without the consent
of the owner or keeper thereof. No red circular metallic tag shall
be placed on any dog except the one for which it is issued. No red
circular metallic tag is transferable.
6.
Notification of escape of dangerous dog or injury committed
by dangerous dog. The owner of a dangerous dog shall notify
the Police Department immediately if the dog is at large outside its
enclosed building or its pen or other enclosure, or the dog has injured
or killed another animal or a person.
7.
Change of address. If the owner of a dangerous dog
moves such dog to a different address, the owner of the dangerous
dog shall notify the City Clerk of such fact and the new address within
twenty-four (24) hours, whether or not the address is within the City.
8.
Disposition or death of dangerous dog. The owner
of a dangerous dog shall notify the City Clerk within twenty-four
(24) hours if a dangerous dog has died or has been sold, given away
or custody/possession transferred to another person. If the dog has
been sold, given away or custody/possession transferred, the dangerous
dog owner further shall provide the City Clerk with the name, address
and telephone number of the new owner or custodian, who shall then
be required to comply with this Article if the dog remains within
the City. The owner of a dangerous dog further shall provide written
notification of the dog's classification as a dangerous dog by
the City to the person receiving the dog. The dangerous dog owner
shall furnish a copy of such notification to the City Clerk along
with written acknowledgement by the new owner or custodian of the
receipt of such notification, within twenty-four (24) hours of the
transfer.
9.
Photographing dangerous dogs. The dangerous dog
owner shall allow the Police Department to take photographs of the
dangerous dog, for the City to have a photographic record of the color,
size and kind of dog.
10.
Microchip implantation and scanning. The dangerous
dog owner shall cause an operable 125kHz frequency microchip to be
implanted by a licensed veterinarian in the owner's dangerous
dog for identification purposes. The dangerous dog owner shall pay
for the cost of the microchip and the cost of the implantation. After
the implantation, the dangerous dog owner shall bring the dangerous
dog to the Centralia Police Department for the implanted microchip
to be scanned by the Code Enforcement Officer or a Police Officer
to determine that the microchip has been implanted and that it is
in good working order. The dangerous dog owner shall at the same time
also bring any microchip purchase records and any veterinarian implantation
records for the owner's dangerous dog to the Centralia Police
Department to be photocopied. At any time in the future upon request
of the Code Enforcement Officer, the City Administrator or a Police
Officer, the then current dangerous dog owner shall bring the dangerous
dog to the Centralia Police Department and permit the dangerous dog's
microchip to be scanned.
[Ord. No. 1984 § 1, 12-15-1997; Ord. No. 2379 § 4, 11-21-2005; Ord. No. 2385 § 3, 12-19-2005; Ord. No. 2413 § 2, 5-15-2006; Ord. No. 2732 § 4, 7-15-2013]
A.
Notwithstanding the provisions of Section 4-29 concerning the procedure when a dog or cat bites, injures or attacks any person or any domestic animal, the following procedure shall be followed immediately after the dog bite or dog attack incident if the incident is being considered by a Police Officer, the Code Enforcement Officer or the City Administrator as one where the dog could be designated as a dangerous dog: The dog shall be taken up and impounded at the City Pound by the Code Enforcement Officer or any Police Officer of the City until ten (10) days have elapsed or the dog has been designated as a "dangerous dog," whichever first occurs. If the dog has not been designated a dangerous dog within that time period and the dog has not developed or manifested rabies, then the dog may be redeemed by the dog owner (the person possessing, owning or otherwise having the dog under such person's control) upon payment of the impoundment fee of twenty dollars ($20.00) and a boarding fee of fifteen dollars ($15.00) per day or part thereof that the dog is confined in the City Pound for the cost of care and feeding of such dog. If such dog is not redeemed within three (3) days after the expiration of the ten (10) days, it shall be disposed of as provided in Article II of Chapter 4. If the dog has not been designated a dangerous dog within that time period but the dog does develop rabies within ten (10) days, the dog shall be immediately and humanely put to death by the Code Enforcement Officer, any Police Officer of the City or a licensed veterinarian. If the dog has been designated a dangerous dog within the ten-day time period but the dog has not developed rabies within ten (10) days, then the dangerous dog shall continue to be held in the City Pound until the earlier of the following:
1.
The dog owner requests an informal hearing before the Hearing Board
to determine if the dog should be designated a dangerous dog and the
Hearing Board on the hearing date sets aside the designation;
3.
Thirty (30) days have elapsed since the dog has been designated a dangerous dog without the owner providing proof to the City of liability insurance required by Section 4-34 or providing the seven-hundred-fifty-dollar escrow required by Section 4-34. The dog shall be released to the dog owner upon payment of the impoundment fee of twenty dollars ($20.00) and the boarding fee of fifteen dollars ($15.00) per day if the Hearing Board sets aside the dangerous dog designation or upon the owner providing the City proof of the required liability insurance or providing the seven-hundred-fifty-dollar escrow required by Section 4-34. If the thirty (30) days elapses since the dog was designated a dangerous dog without the owner providing proof of the liability insurance required above or depositing with the City the seven-hundred-fifty-dollar escrow required above, the dog shall be immediately and humanely put to death by the Code Enforcement Officer, any Police Officer of the City or a licensed veterinarian. The Code Enforcement Officer, Chief of Police or City Administrator shall have the authority to have a dog designated as a dangerous dog held at the Central Missouri Humane Society instead of the City Pound at the City's cost, with the dog owner being charged the City's impoundment fee and boarding fee for each day the dog is held by the Central Missouri Humane Society, which is expected to be not more than thirty (30) days.
B.
Notwithstanding the provisions of Section 4-29 concerning the procedure when a dog or cat bites, injures or attacks any person or any domestic animal, the following procedure shall be followed when a dog in the past designated a dangerous dog bites, injures or attacks any person or domestic animal: The designated dog shall be taken up and impounded at the City Pound by the Code Enforcement Officer or any Police Officer of the City for a period of ten (10) days, the expense thereof to be paid by the person possessing, owning or otherwise having under such person's control. If at the end of ten (10) days the dangerous dog does not develop or manifest rabies, it may be redeemed by the owner upon payment of the impoundment fee of twenty dollars ($20.00) and the boarding fee of fifteen dollars ($15.00) per day or part thereof that the dog is confined in the City Pound, for the cost of care and feeding of such dog. If such dog is not redeemed within three (3) days after the expiration of the ten-day period, it shall be immediately and humanely put to death by the Code Enforcement Officer, any Police Officer of the City or a licensed veterinarian.
[Ord. No. 1984 § 1, 12-15-1997; Ord. No. 2379 § 5, 11-21-2005; Ord. No. 2438 § 4, 1-15-2007]
A.
Any person who violates any provision of this Article III on dangerous dogs is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than three hundred fifty dollars ($350.00) and not more than five hundred dollars ($500.00).
B.
In addition, if the person failing to comply with a provision of
this Article continues not to be in compliance as of the Municipal
Court date where the person pleads guilty or is found guilty, the
Municipal Court may order the dangerous dog seized immediately by
the Police Department and impounded in the City Pound for a period
of thirty (30) days or the time necessary for the owner to show compliance
with the provisions of this Article, whichever is shorter. If the
owner has failed to show compliance with the provisions of this Article
within the thirty-day period, then the dog shall be humanely destroyed
unless the owner requests that the owner be allowed to remove the
dog from the City and does permanently remove the dog from the City.
If the owner shows compliance with the provisions of this Article
within the thirty-day period, the owner may redeem the dangerous dog
from the City Pound upon payment of the impoundment fee of twenty
dollars ($20.00) and the boarding fee of fifteen dollars ($15.00)
per day or part thereof that the dog is confined in the City Pound,
for the cost of care and feeding of such dog.
[Ord. No. 2732 § 5, 7-15-2013]
C.
In addition, the Municipal Court may order a dog previously designated
as a dangerous dog humanely destroyed or permanently removed from
the City if one (1) or more of the following factors is applicable:
2.
The incident related to the current conviction involves the dangerous
dog seriously injuring or killing a person or domestic animal.
3.
The incident related to the current conviction involves the dangerous
dog injuring a person or domestic animal, and it is determined by
the judge that the dog has vicious propensities which present a significant,
continuing threat to the public health, safety and welfare.
D.
If the Municipal Court orders the impoundment or humane destruction of a dangerous dog, the costs and expenses of such impoundment and humane destruction shall be ordered paid by the person convicted of a violation of this Article III. If the Municipal Court orders the dangerous dog permanently removed from the City and the person convicted fails to do so within ten (10) days of such order, the Police Department shall then seize and impound the dog for subsequent humane destruction.
