[Ord. No. 792 §5-1, 10-16-1995; Ord. No. 847 §1, 12-6-1999]
For the purpose of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
Normal and prudent attention to the needs of an animal, including
wholesome food, clean water, shelter, and health care as necessary
to maintain good health in a specific species of animal.
To reasonably restrain or govern an animal so that the animal
does not injure itself, any person, any other animal, or property.
Structurally sound, sanitary, properly ventilated and weatherproofed
housing which is large enough to allow the animal housed in it to
stand up, turn around and lie down; is equipped with bedding that
will not absorb water and/or freeze; and will not exacerbate existing
weather conditions by, for example, absorbing heat on hot sunny days
or excessive size which would not retain body heat in winter.
When manifesting the principal characteristic symptoms of
rabies as described in the standard textbooks treating upon the diseases
of domestic animals.
Any living animal, domestic or wild, excepting birds, fish,
amphibians, pests and livestock.
A facility which is used to house or contain animals and
which is owned, operated, or maintained by a duly incorporated humane
society, animal welfare society, society for the prevention of cruelty
to animals, or other not for profit organization devoted to the welfare,
protection, and humane treatment of animals.
Off the premises of the owner and not on a leash of less
than eight (8) feet in length controlled by a person capable of preventing
the animal from running free, provided however, cats shall not be
considered to be at large if they are off a leash.
Breaking the skin caused by an animal. Scratches are included.
Any male or female member of the domestic feline family.
A commercial variety show featuring animal acts for public
entertainment.
Any boarding kennel, commercial kennel, contract kennel,
pet shop, commercial breeder or dealer as such terms are defined in
Section 273.325, RSMo.
Any animal classified as a dangerous animal pursuant to Section 210.021 of this Code.
Any male or female of the domestic canine family.
Animals that are normally considered to be household pets.
Having been bitten or scratched by, or having fought or come
into contact with an animal affected with rabies.
The destruction of an animal accomplished in a humane manner.
Chickens, ducks, geese, turkeys or other domestic fowl.
Any premises wherein any person engages in the business of
boarding, breeding, buying, letting for hire, training for a fee or
selling dogs, cats, and other domestic animals.
An animal raised on a farm or ranch and used or intended
for use in farm or ranch production, or as food or fiber.
In addition to its ordinary meaning, any person who keeps
or harbors an animal or professes to be owning, keeping, or harboring
an animal.
Any individual, partnership, firm, joint stock company, limited
liability company, corporation, association, trust, estate, or other
legal entity.
Birds, rabbits, or rodents which damage property or have
an adverse effect on the public health, but shall not include any
endangered species listed by the United States Department of the Interior
nor any endangered species listed in the Wildlife Code of Missouri.
Any person, partnership, or corporation whether operated
separately or in connection with another business enterprise, except
for a licensed kennel, that buys, sells or boards any species of animal.
Any animal or group of animals that habitually barks, howls,
whines, or makes other sounds that disturb a person's peace, or causes
a foul or obnoxious odor to be emitted from the premises.
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis and treatment of diseased and injured animals.
Any live non-human primate, raccoon, fox, skunk, poisonous
reptile, bear, wolf, wolf hybrid, cougar, leopard, jaguar, tiger,
lion, lynx, bobcat, ocelot, or any other animal which can normally
be found in the wild state.
Any facility, other than a pet shop or kennel displaying
or exhibiting one (1) or more species of non-domesticated animals
operated by a person, partnership, corporation, or government agency.
[Ord. No. 792 §5-2, 10-16-1995; Ord. No. 847 §5, 12-6-1999]
A.
Any
owner having custody of any animal shall maintain control of that
animal, and:
1.
Shall not permit the animal to be a public nuisance or disturb the
peace of any person.
2.
Shall not permit the animal to be at large within the City limits.
3.
Shall not keep or allow to be kept on or about their property or
premises, any dangerous/fierce animal.
4.
Shall ensure the animal is properly vaccinated against rabies and
other diseases as may be necessary.
5.
Shall keep every female dog or cat in heat confined in a building
or secure enclosure in such manner that such female dog or cat cannot
come into contact with another animal except for a planned breeding.
6.
Shall remove and dispose of all fecal accumulations in any pen, run,
cage or yard where any animal is kept in such a manner as to prevent
the breeding of flies or other insects, or the creation of offensive,
disagreeable or noxious odors or other nuisance conditions.
B.
It
shall be unlawful for any owner of a dog or for any person who is
responsible for the control of a dog to allow or permit such animal
to defecate upon any public property or private property of another
person unless the person owning or responsible for control of the
animal immediately removes and disposes of all feces deposited by
the animal in a sanitary manner.
[Ord. No. 2019-03, 5-20-2019]
C.
It
shall be unlawful for the owner or handler of any dog to fail to have
in his or her possession the equipment necessary to remove the animal's
fecal matter when allowing said animal to be on public property or
on private property of another person.
[Ord. No. 2019-03, 5-20-2019]
[Ord. No. 847 §2, 12-6-1999; Ord. No. 2006-18 §1, 9-5-2006]
A.
Any
animal with the following characteristics shall be classified as dangerous:
1.
Any animal which has inflicted a severe or fatal injury on a human
being on public or on private property. "Severe injury" means any physical injury resulting directly from an animal's bite
which results in broken bones, lacerations requiring stitches or in-patient
hospitalization. The victim receiving severe injuries, as defined
above, must provide the Animal Control Officer with a signed physician's
statement documenting such injury and treatment therefor qualifying
such injury as a severe injury or sign an authorization for release
of such statement.
2.
Any animal which has killed a domestic animal, livestock or poultry
without provocation while off of the owner's property.
3.
Any animal owned or harbored primarily or in part for the purpose
of animal fighting or any animal trained for animal fighting.
4.
Any animal which has bitten a human being without provocation on
public or private property other than the property of the owner.
5.
Any animal which, while on the owner's property, has bitten without
provocation a human being other than the owner or a member of the
owner's family who normally resides at the place where the animal
is kept.
6.
Any animal which, when unprovoked, chases or approaches a person
who is upon the streets, sidewalks or other public grounds, or private
property other than property of the owner, in a menacing fashion or
apparent attitude of attack, regardless of whether or not a person
is injured by said animal.
7.
Any animal with a known propensity, tendency or disposition to attack
unprovoked, to cause injury or to otherwise threaten the safety of
human beings or domestic animals.
8.
Any pit bull dog, "pit bull dog" being defined to
mean:
a.
The bull terrier breed of dog;
b.
The Staffordshire bull terrier breed of dog;
c.
The American pit bull terrier breed of dog;
d.
The American Staffordshire terrier breed of dog;
e.
Dogs of mixed breed or other breeds than above listed which breed
or mixed breed is known as pit bulls, pit bull dogs or pit bull terrier;
or
f.
Any dog which has the appearance and characteristics of being predominantly
of the breeds of bull terrier, Staffordshire bull terrier, American
pit bull terrier, American Staffordshire terrier, any other breed
commonly known as pit bulls, pit bull dogs or pit bull terriers; or
a combination of any of these breeds through mixed breeding.
B.
If the circumstances surrounding the classification as a dangerous animal under any of the definitions listed in Subsection (A) are in dispute, then the owner has the option of submitting, within five (5) working days, a written request to the Animal Control Officer for a hearing and determination thereon as hereinafter provided:
1.
A hearing City Municipal Judge shall be conducted on the next municipal
court date following receipt of a written request for such hearing.
2.
Pending the outcome of such hearing, the animal must be confined
in such a manner so as not to be a threat to any person and the confinement
of said animal may be on the premises of the owner or with a licensed
veterinarian.
3.
The Municipal Judge shall determine whether to declare the animal
to be a "dangerous animal" based upon evidence and
testimony presented at the time of the hearing by the owner in addition
to witnesses, animal control personnel, Police or any other person
possessing information pertinent to such determination.
4.
The Municipal Judge shall issue written findings within five (5)
days after the hearing. The owner or possessor of the animal found
to be dangerous shall cause such animal to be removed from the City.
Failure of an owner to do so shall constitute an offense.
C.
Exemptions
to dangerous animal classification:
1.
With the exception of Subsection (A)(1) above, no animal may be declared dangerous if the threat, injury or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises or was teasing, tormenting, abusing or assaulting the animal or was at the time in the act of committing or attempting to commit a crime, offense or infraction.
2.
With the exception of Subsection (A)(1) above, an Animal Control Officer may, because of extenuating circumstances, determine from the investigation of the incident that an animal is not dangerous. However, the owner, being responsible for said animal, may be warned of the animal's tendencies and to take appropriate action to prevent subsequent incidents. This, however, does not exempt the owner from being cited for other animal control ordinance violations.
3.
Animals owned by governmental or law enforcement agencies when being
used in the services of those agencies are exempt.
D.
Actions
to be taken for dangerous animals causing severe or fatal injuries:
1.
An animal responsible for an attack causing severe or fatal injury
to a human being shall be humanely destroyed unless such attack was
caused by substantial and intentional provocation.
2.
An animal responsible for an intentionally provoked severe or fatal
attack shall be treated as a dangerous animal subject to the provisions
of this Chapter.
[Ord. No. 847 §2, 12-6-1999]
Dangerous animals residing in the City of Caruthersville on the effective date of this Section, December 6, 1999, must be registered with the City Collector by the owners within twenty (20) calendar days of the effective date of this Section, December 6, 1999. In order to register such animals, the owner shall provide the City Collector with proof of insurance as provided in Section 210.023 hereof, together with two (2) color photographs of the registered animal clearly showing the color, markings and approximate size of the animal.
[Ord. No. 847 §2, 12-6-1999]
A.
It
shall be unlawful to keep, harbor or in any way possess within the
corporate limits of the City of Caruthersville, Missouri, any dangerous
animal as hereinabove defined.
B.
The provisions of Subsection (A) of this Section are not applicable to owners, keepers or harborers of dangerous animals registered with the City of Caruthersville on the effective date of this Section, December 6, 1999, provided that said dangerous animals residing within the City on the effective date of this Section, December 6, 1999, may be kept within the City subject to the standards and requirements hereinafter set forth in Section 210.024 of the Code.
[Ord. No. 847 §2, 12-6-1999]
A.
The
following acts, actions and precautions shall be required of owners,
possessors and harborers of animals that have been classified or declared
dangerous animals:
1.
Leash and muzzle. No person shall permit a dangerous
animal as herein defined, registered or otherwise to go outside its
kennel or pen unless such animal is securely leashed with a leash
no longer than four (4) feet in length. No person shall permit a dangerous
animal to be kept on a chain, rope or other type of leash outside
of its kennel or pen unless a person is in physical control of the
leash. Such animals may not be leashed to inanimate objects such as
trees, posts, buildings, etc. In addition, all dangerous animals on
a leash outside of the kennel must be muzzled by a muzzling device
sufficient to prevent such dangerous animal from biting persons or
other animals.
2.
Confinement. All dangerous animals, registered or
otherwise, shall be securely confined indoors or in a securely enclosed
and locked pen or kennel except when leashed and muzzled as hereinabove
provided. Such pen, kennel or structure must have secure sides and
a secure top attached to the sides. All structures used to confine
dangerous animals, registered or otherwise, must be locked with a
key or combination lock when such animals are within the structure.
Such structure must have a secure bottom or floor attached to the
sides of the pen, or the sides of the pen must be embedded in the
ground no less than two (2) feet. All structures erected to house
dangerous animals must comply with all zoning and building regulations
of the City. All such structures must be adequately lighted and ventilated
and kept in a clean and sanitary condition.
3.
Confinement indoors. No dangerous animal, registered
or otherwise, may be kept on a porch, patio or in any part of a house
or structure that would allow the animal to exit such building on
its own volition. In addition, no such animal may be kept in a house
or structure when the windows are open or when screen windows or screen
doors are the only obstacle preventing the animal from exiting the
structure.
4.
Signs. All owners, keepers or harborers of dangerous
animals, registered or otherwise, within the City shall within twenty
(20) days of the effective date of this Section, December 6, 1999,
display in a prominent place on their premises a sign easily readable
by the public using words "beware of dog" or otherwise
which otherwise clearly alerts the public to the presence of a dangerous
animal. In addition, a similar sign is required to be posted on the
kennel or pen of such animal.
5.
Insurance. All owners, keepers or harborers of dangerous
animals, registered or otherwise, must within twenty (20) days of
the effective date of this Section, December 6, 1999, provide proof
to the City Collector of the City of Caruthersville of public liability
insurance in a single accident amount of fifty thousand dollars ($50,000.00)
for bodily injury to or death of any person or persons or for damage
to property owned by any person or persons which may result from the
ownership, keeping or maintenance of such animal. Such insurance policy
shall provide that no cancellation of the policy will be made unless
ten (10) days' written notice is first given to the City Collector
by such insurance company.
6.
Reporting requirements. All owners, keepers and
harborers of dangerous animals, registered or otherwise, must within
ten (10) days of any one (1) of the following incidents report the
following information in writing to the Caruthersville City Collector
as required hereafter:
7.
Sale or transfer of ownership prohibited. No person
shall sell, barter or in any other way dispose of a dangerous animal,
registered or otherwise, within the City to any person within the
City unless the recipient person resides permanently in the same household
and on the same premises as the registered owner of such animal; provided
however, that the registered owner of a dangerous animal may sell
or otherwise dispose of a dangerous animal or the offspring of such
animal to persons who do not reside within the City.
8.
Animal born of registered animals. All offspring
born of dangerous animals registered within the City must be removed
from the City within eight (8) weeks of the birth of such animal.
9.
Irrebuttable presumptions. There shall be an irrebuttable
presumption that any animal registered with the City as a dangerous
animal or any of those breeds prohibited by this Article is in fact
an animal subject to the requirements of this Section.
10.
Failure to comply. It shall be unlawful for the
owner, keeper or harborer of a dangerous animal, registered or otherwise,
to fail to comply with the requirements and conditions set forth in
this Section. Any animal found to be the subject of a violation of
this Section shall be subject to immediate seizure and impoundment.
Additionally, the failure to comply will result in the revocation
of any license of such animal resulting in the immediate removal from
the City.
[Ord. No. 847 §2, 12-6-1999]
Any person violating or permitting the violation of any provision of Sections 210.021 to 210.024 shall, upon conviction, be deemed guilty of an offense and fined a sum not less than fifty dollars ($50.00) and not more than three hundred dollars ($300.00), and in addition to the fine, the court may impose a term of imprisonment for a period not to exceed thirty (30) days. Additionally, the court shall order the registration, if any, of the subject dangerous animal revoked and the animal removed from the City. Should the owner, keeper or harborer of such dangerous animal refuse to remove same from the City, the Municipal Judge may find the said owner, keeper or harborer in contempt of court and order the immediate confiscation and impoundment of the animal. Each day that a violation of this Article continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this Article shall pay all expenses, including shelter, food, handling, veterinary care and court costs necessitated by the enforcement of this Section.
[Ord. No. 847 §3, 12-6-1999]
That no animal shall be leashed to inanimate objects such as
trees, posts, buildings, anchors, etc. in such a manner so that the
animal may come within twenty (20) feet of any public street or sidewalk.
[Ord. No. 792 §5-3, 10-16-1995]
A.
No
person shall:
1.
Fail to provide his/her animal or animals with adequate care and
adequate shelter.
2.
Cruelly treat, torment, overload, overwork, or otherwise abuse an
animal, or cause, instigate, or permit any dogfight, cockfight or
combat between animals or between animals and humans.
3.
Intentionally or purposely kill or cause injury or suffering to dogs,
cats and domestic animals in any manner other than humane euthanasia
performed by a licensed veterinarian, or as otherwise provided for
in this Article.
4.
Purposely abandon any animal in any place without making provisions
for its adequate care.
5.
Give away any live animal, reptile or bird as: A prize for, or as
an inducement to enter any contest, game or other competition; as
an inducement to enter a place of amusement; an offer of such vertebrates
as an incentive to enter into any business agreement whereby the offer
was for the purpose of attracting trade.
6.
Expose any known poisonous substance, whether mixed with food or
not, so that the same shall be liable to be eaten by an animal, provided
that it shall not be unlawful for a person to expose, on his/her own
property, common rat poison mixed only with vegetable substances.
City Health Officials are exempt from this requirement.
B.
Any
person who, as operator of a motor vehicle, strikes a domestic animal
shall immediately report such injury or death to the animal's owner.
In the event the owner cannot be ascertained and located, such operator
shall at once report the accident to the City Police Department or
to the Animal Control Officer.
[Ord. No. 792 §5-4, 10-16-1995]
Except as otherwise provided herein, it shall be unlawful for
any person to keep or maintain any livestock, bees or fowl within
the City.
[Ord. No. 792 §5-5, 10-16-1995]
[Ord. No. 792 §5-6, 10-16-1995]
A.
On
or before April first (1st) of each year, the owner of every dog,
cat or other domestic animal six (6) months of age or older shall
pay a license fee to the City Collector of three dollars ($3.00) for
each dog, cat or other domestic animal, for each calendar year.
B.
When
a dog, cat or other domestic animal reaches the age of six (6) months
or is moved into the City after April first (1st), the owner of such
dog, cat or other domestic animal shall pay the license fee of three
dollars ($3.00) for the calendar year.
C.
Any
new resident of the City must register their animal or animals and
procure a license tag within thirty (30) days of residency.
D.
Upon
payment of the license fee required by this Section, the Collector
shall furnish a metal license tag having plainly marked thereon the
year for which the fee has been paid and the number corresponding
with that on the City Collector's register. The license tag shall
be securely attached by the owner to a collar on the neck of the dog,
cat or other domestic animal for which the fee has been paid.
[Ord. No. 792 §5-7, 10-16-1995]
A.
Every
person who is responsible for any dog, cat or other domestic animal
shall have such dog, cat or other domestic animal vaccinated by a
veterinarian against rabies and registered with the City when or before
the dog, cat or other domestic animal reaches six (6) months of age,
but not before it reaches three (3) months of age. Other domestic
animals are required to have anti-rabies vaccinations if there is
a commercial vaccine available for that species.
B.
Every
dog, cat or other domestic animal shall be vaccinated by a veterinarian
and issued a tag to expire no later than the period the anti-rabies
vaccine is effective. No cat or dog shall be exempted from this Article
due to advanced age. The tag shall be clearly stamped with the year
in which the anti-rabies vaccine was given to the animal.
C.
When such a tag is procured, the owner shall fasten it securely to the collar or harness of the animal together with the tag required by Section 210.060 above and shall be worn at all times. The tag shall be changed whenever an updated anti-rabies vaccine is given, and the new tag should be exchanged on the collar or harness for the old one. Should the current tag become lost or defaced, a new one can be purchased from the attending veterinarian or any other licensed veterinarian if the vaccination registration paper is presented to their office.
