[1]
State Law Reference: For similar provisions
as to dogs, see § 273.010, et seq., RSMo.; for authority,
see § 77.510, RSMo.
[R.O. 1992 § 205.140; Ord. No. 3509 § 1, 4-15-1968; Ord. No. 7230, 6-15-1992]
For the purposes of this Article,
the following words and phrases shall have the meanings respectively
ascribed to them by this Section:
Any dog shall be deemed to be at large when it is off the
premises of its owner and not restrained by a competent person.
Any canine animal, male or female, sexed or neutered.
Keep, harbor or have control, charge or custody of a dog.
This term shall not apply to dogs owned by others which are temporarily
maintained on the premises of a veterinarian or kennel operator for
a period of less than thirty (30) days.
Any person keeping, harboring or having charge or control
of, or permitting any dog to habitually be or remain on, or be lodged
or fed within, such person's house, yard or premises. This term shall
not apply to veterinarians or kennel operators temporarily maintaining
on their premises dogs owned by others for a period of less than thirty
(30) days.
Dog controlled by a leash, not more than six (6) feet in
length, when the leash is held by a competent person or within a vehicle
being driven or parked on the streets.
The inoculation of a dog with rabies vaccine licensed by
the United States Department of Agriculture. Such vaccination shall
be performed by a veterinarian duly licensed to practice veterinary
medicine in the State.
[R.O. 1992 § 205.150; Ord. No. 3509 §§ 2, 5, 4-15-1968]
A.
Every dog four (4) months of age and older
shall be vaccinated against rabies. Young dogs shall be vaccinated
within thirty (30) days after they have reached four (4) months of
age. Unvaccinated dogs acquired or moved into the City shall be vaccinated
within thirty (30) days after purchase or arrival, unless under four
(4) months of age, as specified above.
B.
Every dog shall be revaccinated every one
(1) or three (3) years as necessary based on the type of rabies vaccination
received.
C.
The provisions of this Section with respect
to vaccination shall not apply to any dog owned by a person temporarily
remaining within the City for less than thirty (30) days or any dog
brought into the City for field trial or show purposes, nor for hunting
dogs in the State for less than thirty (30) days. Such dogs shall
be kept under strict supervision of the owner. However, it shall be
unlawful to bring any dog into the City which does not comply with
the animal health laws and import regulations of the State, which
are applicable to dogs.
[R.O. 1992 § 205.160; Ord. No. 3509 § 3, 4-15-1968]
A.
It shall be the duty of each veterinarian,
at time of vaccinating any dog, to complete a certificate of rabies
vaccination, in quadruplicate, which includes the following information:
B.
Distribution Of Copies Of Certificate Shall Be As Follows. The original forwarded to the owner; first and second copy to the City Clerk; and the third copy retained by the issuing veterinarian. The veterinarian and the owner shall retain their copies for the interval between vaccinations specified in Section 205.150. A metal or durable plastic tag, serially numbered issued by the veterinarian, shall be securely attached to the collar or harness of the dog. Whenever the dog is out of doors, whether on or off the owner's premises, the collar or harness with the vaccination tag shall be worn.
[R.O. 1992 § 205.170; Ord. No. 3509 § 4, 4-15-1968]
The cost of rabies vaccination shall
be borne by the owner of the dog.
[R.O. 1992 § 205.180; Ord. No. 3509 § 6, 4-15-1968; Ord. No. 7230, 6-15-1992]
A.
Any dog or other animal suspected of being afflicted with rabies, or any dog not vaccinated in accordance with Section 205.150, which has bitten any person and caused an abrasion of the skin of such person, shall be seized and impounded under the supervision of a licensed veterinarian for a period of not less than ten (10) days. If, upon the examination by a veterinarian, the dog has no signs of rabies at the end of the impoundment, it may be released to the owner or, in case of a stray, it shall be disposed of in accordance with applicable laws.
B.
Any dog vaccinated in accordance with Section 205.150, or other animal which has bitten any person shall be confined by the owner or other responsible person as required by the Mayor for a period of ten (10) days, at which time the dog or other animal shall be examined by a licensed veterinarian. If no signs of rabies are observed by the veterinarian, the dog may be released from confinement.
C.
All cost associated with impoundment shall
be the responsibility of the owner.
[R.O. 1992 § 205.190; Ord. No. 3509 § 7, 4-15-1968; Ord. No. 7230, 6-15-1992]
A.
In the case of dogs known to have been
bitten by a rabid animal, the following rules shall apply:
1.
Unvaccinated Dogs.
a.
In the case of dogs which are not vaccinated in accordance with Section 205.150 and which have been bitten by a known rabid animal, the bitten or exposed dog should be immediately destroyed.
b.
If the owner is unwilling to destroy
the bitten or exposed animal, strict isolation of the animal in a
kennel under veterinary supervision for a minimum of six (6) months
shall be enforced and have said dog immunized against rabies at the
owner's or custodian's expense, by the administration of anti-rabic
virus by a licensed veterinarian.
2.
Vaccinated Dog. If the bitten or exposed dog is vaccinated in accordance with the provisions of Section 205.150, the dog shall be handled as follows:
3.
All cost associated with impoundment
and/or disposal of the animal shall be the responsibility of the owner.
[R.O. 1992 § 205.200; Ord. No. 3509 § 8, 4-15-1968; Ord. No. 7230, 6-15-1992; Ord. No. 8018 §§ 1—3, 10-7-1996]
A.
The City Council may authorize a pound
or enforcement officer to enter into a cooperative agreement with
a licensed veterinarian for the establishment and operation of a pound,
or may enter into a cooperative agreement with the Franklin County
Humane Society for the impoundment of dogs.
B.
Any dog found off the owner's premises
shall be impounded. All impounded dogs shall be given proper care
and maintenance. Each impounded dog shall be kept and maintained at
the pound for a minimum of one (1) week unless reclaimed earlier by
the owner.
C.
Notice of impoundment of all animals, including
any significant marks of identification shall be posted at the Franklin
County Humane society as public notification of impoundment. Any unvaccinated
dog may be reclaimed by its owner during the period of impoundment
by payment of prescribed pound fees and complying with rabies vaccination
requirement of this Article within seventy-two (72) hours of release.
Any vaccinated dog impounded because of lack of a rabies vaccination
tag may be reclaimed by its owner by furnishing proof of rabies vaccination
and payment of all impoundment fees prior to release.
D.
At the expiration of impoundment, a dog
may be claimed by payment of established pound fees and by compliance
with the rabies vaccination requirement of this Article within seventy-two
(72) hours of release. If the dog is unclaimed at the end of one (1)
week, the City may dispose of the dog in accordance with applicable
laws or rules and regulations.
E.
Any dog owner shall be notified, if possible,
before the dog may be destroyed.
[R.O. 1992 § 205.210; Ord. No. 3509 § 10, 4-15-1968; Ord. No. 7230, 6-15-1992; Ord. No. 8018 § 4, 10-7-1996; Ord. No. 10-10724 § 1, 7-6-2010]
Impoundment fees shall be borne by
the owner. Upon impoundment the fee shall be thirty dollars ($30.00)
and for each day the dog is impounded thereafter, the additional fee
of ten dollars ($10.00) shall be charged.
[R.O. 1992 § 205.220; Ord. No. 3509 § 12, 4-15-1968; Ord. No. 3622]
No person shall allow any dog owned
or in his/her possession to be at large as provided in this Article
unless properly restrained and any dog found at large may be impounded
and its owner or keeper subject to prosecution under the terms of
this Code.
[R.O. 1992 § 205.225; Ord. No. 03-9480 §§ 1—2, 12-1-2003; Ord. No. 12-10977 § 1, 4-2-2012]
A.
Classification. The Chief of Police or his/her designated representative shall classify any animal with the following characteristics as a "dangerous animal" for purposes of this Section and Section 205.228 of this Code:
1.
Any animal which has inflicted a
severe or fatal injury on a human being on public or private property.
"Severe injury" means any physical injury resulting directly from
an animal's bite, which results in broken bones or lacerations requiring
stitches, or hospitalization. The victim receiving severe injuries,
as defined above, must provide the Chief of Police or his/her designated
representative with a signed physician's statement documenting the
injury and the treatment qualifying such as a severe injury.
2.
Any animal which has attacked or
bitten a human being or domestic animal, without provocation, on public
or private property other than the property of the owner.
3.
Any animal which, while on the owner's
property, has attacked or 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, or a domestic animal.
4.
Any animal which, while off the owner's
property, has killed a domestic animal, livestock, or poultry without
provocation.
5.
Any animal owned or harbored primarily
or in part for the purpose of fighting or any animal trained for fighting.
6.
Any animal which, when unprovoked,
chases or approaches a person upon the streets, sidewalks, or any
public grounds, or private property other than that 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.
B.
Notice. Within five (5) working days after classifying an animal as a "dangerous animal," the City Clerk or his/her designated representative shall notify the animal's owner of such classification, in writing. The notice shall identify the requirements and conditions for maintaining a dangerous animal as set forth in this Section and Section 205.228. If the owner cannot be located, the animal may be immediately impounded and notice shall be posted at the owner's last known address.
C.
Appeal And Hearing. If the owner disputes the classification of the animal as a "dangerous animal" under any of the definitions listed in Subsection (A) of this Section, then the owner has the option of submitting, within five (5) working days of notice of said classification, a written request to the City Clerk or his/her designated representative for a hearing to contest the "dangerous animal" classification.
1.
The City Administrator shall, within
ten (10) working days after receipt of a bona fide written request,
designate a hearing officer to conduct the hearing and render a decision.
2.
Pending the outcome of such a hearing,
the animal must be confined in such a manner so as not to be a threat
to any person. The confinement may be on the owner's premises or with
a licensed veterinarian.
3.
The hearing officer shall determine
whether to declare the animal to be a "dangerous animal" based upon
evidence and testimony presented at the time of the hearing, in addition
to witnesses, animal control personnel, Police or any other person
possessing information pertinent to such determination. The hearing
shall be informal and strict rules of evidence shall not apply. The
owner may be represented by counsel, present oral and written evidence,
and cross-examine witnesses.
4.
The hearing officer shall issue a
decision after the close of the hearing and notify the owner in writing
of the decision. The owner or possessor of the animal found to be
a "dangerous animal" shall be required to maintain the animal as herein
provided in this Code.
D.
Exemptions To Dangerous Animal Classification.
1.
No animal may be declared a "dangerous
animal" 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 occupied by the owner or keeper of the animal, or
was teasing, tormenting, abusing, or assaulting the animal, or has,
in the past, been observed or reported to have teased, tormented,
abused or assaulted the animal or was committing or attempting to
commit a crime.
2.
The Chief of Police or his/her designated
representative may, because of extenuating circumstances, determine
from the investigation of an incident that an animal is not dangerous.
However, the owner, being responsible for said animal, shall be warned
of the animal's tendencies and shall take appropriate action to prevent
subsequent incidences. 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.
4.
Actions to be taken for dangerous
animals causing severe or fatal injuries.
[R.O. 1992 § 205.228; Ord. No. 12-10977 § 2, 4-2-2012]
A.
From and after June 1, 2012, owners or
keepers of an animal that has been declared a dangerous animal may
maintain the dangerous animal only subject to the following limitations,
requirements and conditions:
1.
Registration. Within ten (10) days
of June 1, 2012, or the acquisition of a dangerous animal, every owner
or keeper of a dangerous animal in the City shall register said animal
with the City Clerk of the City on the "dangerous animal" registry.
Failure to so register shall constitute a violation of this Section.
2.
Rabies Quarantine Impoundment. Any dangerous animal which bites or scratches a human, or any animal which is determined to be dangerous because of such biting or scratching of a human, shall be impounded for a ten (10) day rabies quarantine in accordance with the provisions of Section 205.180 of this Code.
3.
Collar. Any dangerous animal shall
wear at all times a bright orange collar with a large brightly colored
metal tag attached to the collar so the animal can readily be identified
as a dangerous animal.
4.
Loose, Unconfined Or Missing Dangerous
Animal. The owner or keeper shall notify the Police Department immediately
if a dangerous animal is loose, unconfined or missing, has attacked
another animal or has attacked a human being.
5.
Reporting Requirements. The owner
or keeper shall notify the City Clerk within twenty-four (24) hours:
a.
Death Or Transfer Of Ownership. If
a dangerous animal has died or has been sold or given away, or otherwise
transferred in ownership or possession. If the animal has been sold,
given away, or otherwise transferred in ownership or possession, the
owner or keeper shall provide the City Clerk with the name, address
and telephone number of the new owner or keeper, and, if the dog is
kept within the City limits of Washington, the new owner or keeper
must comply with the requirements of this Section.
b.
Birth. All offspring born of dangerous
animals within the City must be removed from the City within three
(3) months of their birth.
c.
New Address. Of the new address of
a dangerous animal owner or keeper should the owner or keeper move
from one address within the corporate City limits to another address
within the corporate City limits.
6.
Confinement.
a.
All dangerous animals must be securely
confined indoors or in a securely enclosed and locked pen, kennel
or other structure, except when leashed and muzzled as provided herein.
The pen, kennel or other structure must be suitable to prevent the
entry of young children and designed to prevent the animal from escaping.
Such pen, kennel or other structure must have minimum dimensions of
five (5) feet by ten (10) feet and must have secure sides and secure
top attached to all sides. The pen, kennel, or other structure must
be locked with a key or combination lock when dangerous animals are
confined within. The pen, kennel, or other structure must have a secured
bottom or floor attached to all sides; however, if it has no bottom
secured to the sides, the sides must be embedded in the ground no
less than twelve (12) inches. The enclosure must also provide protection
from the elements for the animal.
b.
The enclosure, when occupied by a
dangerous animal, shall not be occupied by any other animal. If the
dangerous animal is a female with offspring under three (3) months
of age, the offspring may occupy the same enclosure as the mother.
c.
All structures erected to house dangerous
animals must comply with all zoning and building regulations of the
City. All such structures must be adequately lifted and ventilated
and kept in a clean and sanitary condition.
d.
No dangerous animal 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.
7.
Signs. The owner or keeper shall
display a sign on his/her premises that there is a dangerous animal
on the property and which bears a symbol warning children of the presence
of a dangerous animal. This sign shall be visible and capable of being
read from the public street or thoroughfare from which the property
is entered. In addition, a similar sign is required to be posted on
the kennel or pen or fenced yard of such animal.
8.
Leash And Muzzle. A dangerous animal
may be off the owner's premises if it is muzzled and restrained by
a substantial chain or leash not exceeding six (6) feet in length
and under the control of a responsible person. The muzzle must not
cause injury to the animal or interfere with its vision or respiration
but must prevent it from biting any person or animal.
9.
Insurance. The owner or keeper of
a dangerous animal shall present to the City Clerk proof that the
owner or keeper has procured liability insurance in a single incident
amount of at least one hundred thousand dollars ($100,000.00) for
bodily injury to or death of any person or persons or for damage to
property owned by any persons which may result from the ownership,
keeping or maintenance of such animal covering the twelve (12) month
period during which licensing is sought. An effective insurance policy
with the coverage and in the amounts specified herein must be maintained
by the owner or keeper at all times. This policy shall contain a provision
requiring the City of Washington receive ten (10) days' written notice
by the insurance company prior to any cancellation, termination, or
expiration of the policy.
10.
Photographs. All owners or keepers
of dangerous animals must, within ten (10) days of such classification,
provide the Police Department with two (2) color photographs [one
(1) showing the left profile and the other showing the right profile]
of the animal, clearly showing the color, distinguishing markings,
and approximate size of the animal.
11.
Compliance, Violations And Penalties.
a.
It shall be unlawful for the owner
or keeper of a dangerous animal within the City of Washington to fail
to comply with requirements and conditions set forth in this Section.
Any animal found to be in violation of this Section may be, in addition
to other penalties provided by the Code of the City of Washington,
subject to immediate seizure and impoundment for a minimum of ten
(10) days or the time necessary for the owner or keeper to show compliance
with this Section, whichever is shorter.
b.
Any person found guilty of violation
any provision of this Section shall be punished by a fine not exceeding
five hundred dollars ($500.00), or by imprisonment for a period of
not exceeding ninety (90) days, or by both such fine and imprisonment.
In addition to any penalty as provided above, the court shall order
the registration of the subject dangerous animal revoked and the animal
removed from the City. Should the owner refuse to remove the animal
from the City, the court may find the owner in contempt and order
the immediate confiscation and impoundment of the animal. Each day
that a violation of this Section continues shall be deemed a separate
offense. In addition to the foregoing penalties, any person who violates
this Section shall pay all expenses, including shelter, food, handling,
veterinary care and testimony necessitated by the enforcement of this
Section.
