[R.O. 2006 §210.010; Code 1975 §73.010; CC 1985
§6-1]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
Any living vertebrae member of the animal kingdom, excluding
man.
The person employed by the City as the officer charged with
the enforcement of this Chapter and other City ordinances relative
to dogs and cats.
Off the premises of the owner and not under the control of
the owner or a member of his/her immediate family or his/her agent.
Any member of the feline (genus felis) family.
Any member of the canine (genus canis) family.
The humane destruction of an animal by a method that involves
anesthesia, produced by an agent which causes painless loss of consciousness,
and death during such loss of consciousness.
When bitten by, or fought with, or has come in close contact
with a dog showing symptoms of rabies.
To take into custody any animal, by any humane means, for
the purpose of confinement.
Any premises upon which are kept more than three (3) dogs
over the age of six (6) months.
Cows, horses, mules, goats, sheep, poultry, domestic fowl
or other animals commonly associated with farming and agriculture,
excepting hogs, pigs or other swine.
All animals that have been altered to prevent conception.
Any person owning, keeping, harboring or otherwise having
the care or control of an animal.
[R.O. 2006 §210.020; CC 1985 §6-2]
There is hereby created an Animal Control Officer. The Animal
Control Officer shall be appointed by the City Administrator. The
Animal Control Officer shall enforce the provisions of this Chapter.
[R.O. 2006 §210.030; Code 1975 §73.640; CC 1985
§6-3; Ord. No. 12.29 §1, 9-6-2012]
A.
No
person shall keep, allow or permit to be kept on any premises occupied
by him/her or under his/her charge and control any animal in a pen
or other enclosure of any kind, under such conditions that an offensive
or noxious smell or odor shall arise therefrom to the injury, annoyance
or inconvenience of any inhabitant of the neighborhood.
B.
It
shall be unlawful for the person in control of a dog, cat or other
animals or fowl to allow the dog, cat or other animals or fowl to
deposit manure on public property or on the private property of another
person.
C.
The
owner or keeper of every animal or fowl shall be responsible for the
removal of any excreta deposited by such animal or fowl on public
walks, streets, recreation areas or private property. It shall be
a violation of this Chapter for such owner or keeper to fail to remove
or provide for the removal of such excreta before taking an animal
or fowl from the immediate area where such excretion occurred.
[R.O. 2006 §210.040; Code 1975 §73.040; CC 1985
§6-4; Ord. No. 98.35 §1, 8-20-1998]
Nuisance animals, animals at large or unlicensed animals shall
be taken by the Animal Control Officer and impounded. If by a license,
tag or other means the owner of an impounded animal can be identified,
the Animal Control Officer shall notify the owner by telephone or
mail. Impounded animals shall be kept for not less than five (5) business
days. Any owner reclaiming an impounded animal shall be responsible
for reasonable costs for the care and maintenance of the animal while
in the City's custody. Any animal not reclaimed by its owner within
five (5) business days shall become the property of the City and shall
be placed for adoption and if not adopted within a reasonable time,
in the opinion of the shelter or operator, will be humanely euthanized.
[R.O. 2006 §210.050; Code 1975 §73.050; CC 1985
§6-5; Ord. No. 89.27 §1, 12-21-1989]
In addition to, or in lieu of, impounding an animal found at
large, the Animal Control Officer may issue to the known owner a notice
of ordinance violation. For the first (1st) and second (2nd) offenses
involving the same owner and same animal, such notice shall impose
upon the owner a penalty of twenty-five dollars ($25.00) for the first
(1st) offense and fifty dollars ($50.00) for the second (2nd) offense,
both of which may, at the discretion of the animal owner, be paid
to the City Clerk within seventy-two (72) hours in full satisfaction
of the assessed penalty. In the event that such penalty is not paid
within seventy-two (72) hours, a criminal warrant shall be initiated
before the Municipal Court and upon conviction of a violation of this
Chapter, the owner shall be deemed guilty of an offense. For the third
(3rd) offense involving the same owner or same animal, a criminal
warrant shall be initiated before the Municipal Court and the owner
shall be arraigned in the Municipal Court and shall be punished in
accordance with the ordinances of the City of Osage Beach but in no
case shall the fine imposed be less than seventy-five dollars ($75.00).
The owner of an impounded animal may also be prosecuted for violation
of this Chapter.
[R.O. 2006 §210.060; Code 1975 §§73.010(3),
(4), 73.020(8), 73.630; CC 1985 §6-6; Ord. No.
89.27 §1, 12-21-1989]
A.
Every
owner shall exercise proper care and control of his/her animals to
prevent them from becoming a public nuisance. No person shall keep
any animal which, by frequent howling, barking, baying or yelping,
shall disturb the peace of the neighborhood. No animal of vicious
nature or disposition as determined by the Animal Control Officer
shall be allowed to attack or bite any person or animal or cause annoyance
to the neighborhood or persons using the public street, or chase,
worry or molest other animals or children, or cause any damage or
injury. Any animal exhibiting any such tendency shall be muzzled,
confined on chains, tethers or leashes of such length that it cannot
get off the premises of the owner, or shall be securely confined upon
the premises within a pen or other enclosure. Notice of the presence
of such animal shall be clearly posted upon the premises where it
shall be confined.
B.
In
addition to other penalties prescribed by ordinance, upon violation
and conviction of the provisions of this Section relating to vicious
animals, or for the third (3rd) conviction involving the same owner
and same animal for violation of any provision of this Chapter, if
it shall appear to the judge of the Municipal Court that it is necessary
for the public safety and welfare that the animal concerned be euthanized,
the judge shall so order and the Chief of Police shall see that the
order of the court is carried out.
[Ord. No. 07.57 §1, 12-20-2007]
A.
The
following cat control regulations are designed to protect health and
safety. The owner or keeper of a cat is strictly liable to control
his/her cat or cats as required herein. This means that the penalty
for violation of these regulations is imposed without regard to any
wrongful intention of the violator. It is unlawful for the owner or
keeper of a cat or cats to violate any of the following regulations.
The owner of a cat or cats shall prevent said cat(s) from:
1.
Being accessible to other cats, while in heat, for purposes other
than controlled or planned breeding.
2.
Running at large when the cat has not been neutered or spayed and
the cat is six (6) months of age or older.
3.
Not being currently inoculated for rabies or failing to provide proof
of such inoculation, and the cat is six (6) months of age or older,
as provided in this Section.
4.
Being kept, harbored or maintained and known to have a contagious
disease unless under the treatment of a licensed veterinarian, and
appropriately isolated to protect the public and other animals.
5.
Being on private property without the permission of the property
owner or the person entitled to possession of the property.
[R.O. 2006 §210.070; CC 1985 §6-7]
No person shall trap any animal unless authorized by law to
do so.
[R.O. 2006 §210.080; Code 1975 §73.410; CC 1985
§6-8]
It shall be unlawful for any person to molest, injure or disturb
any small birds or fowl of the nest, young or brood of any such birds
or fowl within the City.
[R.O. 2006 §210.090; Code 1975 §73.440; CC 1985
§6-9]
No person in the City shall maintain any place where fowl or
animals are suffered to fight upon exhibition or for sport or upon
any wager.
