The following words, when used in this Chapter, shall have the
meanings set out herein:
Any creature not of the human species.
To beat, whip, hit, kick, throw objects at, smack, torment,
cause physical injury, or failure to provide food, water, shelter,
medical care, preventive care or other necessities to the aid or comfort
of the animals well-being including, but not limited to, medical care
and preventive medical care.
All animals of the canine or feline species, both male and
female.
The need of food, water, preventive care, medical attention,
shelter, basic needs to health and/or comforts of life.
Treatment or care by a licensed veterinarian.
Any person having a right of property in an animal, or who
keeps or harbors an animal, or who has it in his/her care, or acts
as its custodian, or who knowingly permits an animal to remain on
or about any premises owned or occupied by him/her.
Vaccinations against infectious diseases as well as dental
care.
Allowing an animal to be off the private premises of the
owner or keeper, or his/her agent or servant, and not on a leash or
confined to the arms, motor vehicle, trailer or other conveyance of
the owner or keeper, his/her agent or servant.
Physical injury that creates a substantial risk of death
or that causes serious disfigurement or protracted loss or impairment
of the function of any part of the body.
An animal structure designed to keep out the elements such as rain, snow, wind, heat, cold and consisting of four (4) sides and a roof. Also in reference to Section 210.140.
A person upon the premises of the owner or keeper of the
dog in question without license or privilege to be upon said premises.
Any animal running at large or any animal on the premises
of its owner or keeper but not confined to said premises by a leash,
fence, structure or other means that would prevent the animal from
leaving such premises.
Any animal not confined to the property of its owner or agent
that without provocation has bitten any person not a trespasser causing
serious physical injury to that person.
Any animal that has killed or caused injury to another animal
without provocation.
With the determination of the Animal Control Officer or any
agent acting on behalf of that authority, any animal that growls,
snaps, hisses, spits or attempts to bite or claw with the intent to
do physical injury to a human being or the animal of another without
provocation, that is not confined to the property of another and that
said person or animal not be a trespasser.
A.
Each
person owning within the City a dog or cat aged six (6) months or
older shall procure, annually, a dog or cat tag for each dog or cat
so owned by him/her. Dog or cat tags shall be issued by the City Collector
for a fee of five dollars ($5.00) for each non-spayed or non-neutered
dog or cat kept within the City. Dog or cat tags shall be issued by
the City Collector for a fee of fifty cents ($0.50) for each such
spayed or neutered dog or cat upon satisfactory proof of such spaying
or neutering. Said tag fee shall be prorated from the first (1st)
day of June of each year. There shall be a fine for delinquent payment
in the amount of one dollar ($1.00) per month with a maximum fine
of five dollars ($5.00).
B.
It shall be the duty of each owner of a dog or cat to pay the tag fee set forth in Subsection (A) to the Animal Control Officer on or before the first (1st) day of June each year or upon acquiring ownership or possession of any unlicensed dog or cat or upon establishment of residence in the City. The City Animal Control Officer shall cause a notice of necessity of payment of such tag fee to be printed in a newspaper of general circulation published or widely distributed within the City one (1) time during the first (1st) week of May each year.
The owner or keeper of any dog or cat in the City of Webb City
is hereby required to have such animals vaccinated against rabies
by a licensed veterinarian and to procure a certificate of such vaccination
from the veterinarian and to present such certificate to the City
Clerk on or before June first (1st) of each year; and the City Clerk
shall register such certificate, which registration shall remain in
force until the May thirty-first (31st) next following said registration;
and upon registration, the City Clerk shall issue a tag evidencing
the registration and certificate of vaccination, and the owner or
keeper shall securely attach the tag so issued to a collar to be worn
continuously by the animal for which the tag was issued. It shall
be unlawful for the owner or keeper of any dog or cat to permit such
animal to remain in the City of Webb City unless wearing the tag above
provided for.
Any person who shall own, keep or harbor on his premises more
than three (3) dogs or cats other than under the age of six (6) months
shall be deemed the owner of a kennel.
It shall be unlawful for the owner or keeper of any dog or cat to permit the same to run at large within the City of Webb City at any time. Any dog or cat found without the tag provided for in Section 210.040, and any dog or cat found running at large, shall be impounded.
A.
Dogs
found unlicensed or running at large may be taken up and impounded
in the shelter designated by the City as the City Pound. Any such
dog remaining impounded and unclaimed by its owner at the expiration
of seven (7) days after impoundment shall became the property of the
City and may thereafter be disposed of in a humane manner at the discretion
of such authority.
B.
When
a dog is found not properly licensed and its ownership is known to
the Animal Control Officer, such dog need not be held, but the Animal
Control Officer may, in his/her discretion, cite the owner of such
dog to appear in Municipal Court to answer to charges of violation
of this Chapter.
No person shall keep or harbor an animal which habitually barks,
cries, meows or makes other noise that unreasonably disturbs another
between the hours of 10:00 P.M. and 6:00 A.M.
A.
It
shall be unlawful to keep, harbor, own or in any way possess a vicious
animal within the City.
B.
Any
animal deemed to be vicious by definition, act or by the Animal Control
Officers or by another City, shall be taken up for confinement and
a vicious animal citation shall be issued to the owner requiring a
mandatory court appearance. If at such time the animal is determined
to be a vicious animal, the Judge shall determine whether the animal
is to be moved outside the City limits or humanely euthanized. All
fees associated with the confinement of a vicious animal shall be
paid for by the owner or harboring party.
C.
No
person shall sell, barter or in any other way transfer possession
of a vicious animal to any person within the City.
D.
Any
person violating or permitting the violation of any provision of this
Section shall, upon conviction in Municipal Court, be fined the sum
of one hundred dollars ($100.00) for the first (1st) offense and the
sum of five hundred dollars ($500.00) for the second (2nd) offense.
In addition to the fine imposed, the court may sentence the defendant
to imprisonment for a period not to exceed five (5) days. Further,
for the third (3rd) offense, the court may order the animal euthanized.
Should the defendant refuse to surrender the animal to the City, the
Municipal Judge shall find the defendant in contempt of court. Each
day that a violation of this Section continues may be deemed a separate
offense. In addition to the foregoing penalties, any person who violates
this Section shall pay all expenses for impoundment or euthanasia
of the animal, property damage caused by the animal or for any loss
suffered by any person injured by the animal.
E.
If
any Section, sentence, clause or phrase of this Section is for any
reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Section.
No person shall keep or maintain or permit the keeping or maintenance
of any outside pen for dogs or cats unless such enclosure has an area
equal to thirty-two (32) square feet.
No owner or other person in control of a pet animal or livestock
shall allow such pet animal or livestock to defecate upon public property,
parks, streets or rights-of-ways, or upon property of any other person
without his/her permission, unless the owner or person in control
of such pet animal or livestock shall take adequate measures to remove
such droppings.
[Ord. No. 11-008 §1, 6-13-2011; Ord. No. 11-011 §1, 6-27-2011]
A.
Prohibited—Definitions. It shall be unlawful to keep,
harbor, own or in any way possess within the City limits of the City
of Webb City any pit bull dog. For the purposes of this Section, a
pit bull dog is defined to mean:
1.
The bull terrier breed of dog;
2.
Staffordshire bull terrier breed of dog;
3.
The American pit bull terrier breed of dog;
4.
The American Staffordshire terrier breed of dog;
5.
Dogs of mixed breed or of other breeds than above listed which breed
or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers;
6.
Any dog which has the appearance and characteristics of being predominantly
of the breeds of bull terrier, 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.
B.
Exceptions. The prohibition shall not be applicable to pit
bull dogs currently registered within the City of Webb City or to
those dogs which become registered in the City within fifteen (15)
days of the effective date of this Section. The keeping of such dogs
currently registered and those which become registered within fifteen
(15) days of the effective date of this Section, however, shall be
subject to the following regulations:
1.
Leash and muzzle required. No person shall permit
a registered pit bull dog to go outside its kennel or pen unless such
dog is securely leashed with a leash no longer than four (4) feet
in length. No person shall permit a pit bull dog to be kept on a chain,
rope, or other type of leash outside its kennel or pen unless a person
is in physical control of said leash. Such dogs may not be leashed
to inanimate objects such as trees, posts, buildings, etc. In addition,
all pit bull dogs on a leash outside the animal's kennel or pen must
be muzzled by a muzzling device sufficient to prevent such dog from
biting persons or other animals.
2.
Secure confinement. All such dogs shall be securely
confined indoors or in a securely enclosed and locked pen or kennel,
except when leashed and muzzled as above provided. Such pen, kennel
or structure must have secure sides and a secure top attached to the
sides.
3.
Keeping on porch, patio, etc., prohibited. No pit
bull dogs shall be kept on any porch, patio, or in any part of the
house or structure that would allow a dog to exit such building on
its own volition. In addition, no such animal may be kept in a house
or structure where the windows are open or where screen windows or
screen doors are the only obstacle preventing the dog from exiting
the structure.
4.
Photograph required. All owners or keepers of pit
bull dogs registered with the City must, within ten (10) days of the
effective date of this Section [May 9, 2011], provide to the Police
Department two (2) color photographs of the registered animal clearly
showing the color and approximate size of the animal.
5.
Incidents to be reported. All owners or keepers
of such dogs must, within ten (10) days of the incidents listed below,
report the following to the Police Department:
6.
Offspring removed. All offspring born of pit bull
dogs within the City must be removed from the City within eight (8)
weeks of the birth of such animal.
7.
Sale, barter or transfer prohibited. No person shall
sell, barter or in any other way transfer possession of a pit bull
dog within the City to any person within the City.
C.
Violations, Penalty. Any person violating the provisions
of this Section shall upon conviction be fined a sum of not less than
fifty dollars ($50.00) nor more than five hundred dollars ($500.00).
In addition, the court shall order the registration of the subject
pit bull dog revoked and the dog removed from the City.
