[CC 1985 §4-1; Comp. Ords. §5.01(1); Ord. No. 3820 §1, 8-23-2012]
The following words and phrases, when used in this Chapter,
shall have the meanings respectively ascribed to them:
ANIMAL
Any living vertebrate member of the animal kingdom, excluding
man.
ANIMAL CONTROL OFFICER
Any person employed by the City as an officer charged with
the enforcement of this Chapter and other City ordinances relative
to animals.
AT LARGE
When an animal is off the property of its owner and is not
securely fastened to a leash and the leash held by some person at
all times.
[Ord. No. 4068 § 1, 10-27-2016]
CAT
Any member of the feline (genus felis) family.
CHICKEN
Any female of the species Gallus Gallus Domesticus.
DOG
Any member of the canine (genus canis) family.
EUTHANIZE
The humane destruction of an animal.
LIVESTOCK
Cows, pigs, horses, mules, hogs, goats, sheep, ducks, geese
or other domestic fowl or animals commonly associated with farming
and agriculture.
[Ord. No. 4426, 8-25-2022]
NEUTERED
All animals that have been altered to prevent conception.
OWNER
Any person owning, keeping, harboring or otherwise having
the care or control of an animal.
VETERINARY HOSPITAL
Any establishment maintained and operated by a licensed veterinarian
for the boarding of animals or the diagnosis and treatment of diseases
and injuries of animals.
[CC 1985 §4-2; Comp. Ords. §5.01(5)(C), (6), (11),
(13)]
A. The
City Administrator shall appoint some suitable person as Animal Control
Officer for the City. It shall be the duty of the Animal Control Officer
and all Police Officers of the City to enforce the provisions of this
Chapter.
B. Police
Officers or the Animal Control Officer are authorized and empowered
to enter private property to enforce the provisions of this Chapter,
providing the owner thereof does not notify such Police Officers or
Animal Control Officer that they may not enter during the time such
persons are actively engaged in the pursuit of such animal.
The parent or guardian of a minor child is responsible for the
adequate care of any animal owned by, in the control of, or harbored
by that minor child.
[CC 1985 §4-5; Comp. Ords. §14.01]
A. It
shall be unlawful for any person to permit to remain upon or in any
street, alley, lane or highway or upon any ground within this City
the carcass of any dead animal whatsoever.
B. It
shall be the duty of the owner of any dead animal to remove or cause
to be removed within the City limits, at his/her own expense, all
or any remains of such animal as would be liable to become a nuisance
within twelve (12) hours of the death of such animal.
[Ord. No. 4426, 8-25-2022]
No person shall own, keep, harbor or have in his/her possession any animal considered livestock or poultry except as allowed in zoning ordinance or by Section
205.200, or any animal which a reasonable person would find offensive or disturbing.
[CC 1985 §4-36; Comp. Ords. §5.01(2); Ord. No. 2643 §1, 4-23-1992]
It is unlawful for any person having the care or control of
a dog or cat to allow such dog or cat to run at large within the City.
No dog shall be allowed to roam upon the streets or sidewalks of the
City unless the dog is securely fastened to a leash and the leash
held by some person at all times.
[Ord. No. 3981 §1, 6-25-2015]
A. Definitions. As used in this Section, the following
terms shall have the meanings indicated:
[Ord. No. 4068 § 2, 10-27-2016]
DANGEROUS ANIMAL
1.
Any animal that, according to the records of the City, has:
a.
Inflicted severe injury on a human being without provocation
or command on public or private property;
b.
Killed a domestic animal without provocation or command while
outside the boundaries of the owner's property;
c.
Been previously found to be a "potentially dangerous animal"
as that term is defined in this Section, the owner having received
notice of such and the animal again aggressively bites, attacks or
endangers the safety of humans or domestic animals.
POTENTIALLY DANGEROUS ANIMAL
1.
Any animal that when unprovoked:
a.
Behaves aggressively toward a human or domestic animal either
on public or private property without being directed by its handler;
b.
Chases or approaches a person upon the streets, sidewalks or
any public grounds in a menacing fashion or apparent attack or any
animal that possesses a propensity, tendency or disposition to attack
unprovoked, to cause injury or otherwise to threaten the safety of
humans or domestic animals.
PROPER ENCLOSURE OF A DANGEROUS ANIMAL
While on the owner's property, a dangerous animal shall be
securely confined indoors or in a securely enclosed and locked pen
or structure, suitable to prevent the entry of young children and
designed to prevent the animal from escaping. Such pen or structure
shall have secure sides of sufficient height and a secure top attached
to the sides to prevent escape; shall have a secure bottom or floor
that is attached to the sides of the pen and made of a solid material
(such as concrete) through which the animal cannot dig or burrow.
The pen shall be locked with a key or combination lock when such animals
are within the structure. Such pen shall also provide protection from
the elements for the animal. Any such pen must comply with all applicable
zoning and building regulations.
B. Declaration, Registration, Enclosures, Liability Insurance
Or Bonding Requirement To Spay Or Neuter And Microchip, Confiscation
And Destruction.
1.
Any animal that bites, attacks or injures a person or other
domesticated animal, or displays high degrees of aggressive behavior
as witnessed by a City Official, Police Officer or Animal Control
Officer, may be declared potentially dangerous or dangerous animals
by the City.
2.
The City Administrator shall have the authority to issue a potentially
dangerous animal declaration or dangerous animal declaration to the
owner of any animal found to meet those respective criteria as established
by this Section for a dangerous animal or potentially dangerous animal
and shall establish and maintain a Potentially Dangerous Animal Registry
and the Dangerous Animal Registry.
3.
Potentially dangerous animal declaration. When
conditions, as defined in this Section, exist sufficient to warrant
an animal to be declared potentially dangerous, the City Administrator
shall present to the owner, harborer or keeper of said animal a written
declaration of having determined the animal to be potentially dangerous.
Said declaration shall inform the owner, harborer or keeper of said
animal of the conditions that have contributed to the animal being
declared potentially dangerous; shall inform the owner, harborer or
keeper of said animal that any future violation of this Section will
result in the animal immediately being declared a dangerous animal
as defined in this Section; and shall enumerate the conditions with
which the owner, harborer or keeper shall thereafter comply to retain
possession of the animal. The City Administrator shall cause the animal
to be listed on the Potentially Dangerous Animal Registry.
4.
Dangerous animal declaration. When conditions,
as defined in this Section, exist sufficient to warrant an animal
to be declared dangerous, the City Administrator shall present to
the owner, harborer or keeper of said animal a written declaration
of having determined the animal to be a dangerous animal. Said declaration
shall inform the owner, harborer or keeper of said animal with the
conditions that have contributed to the animal being declared dangerous,
and shall enumerate the conditions with which the owner, harborer
or keeper shall comply to retain possession of the animal; and shall
inform the owner, harborer or keeper of the dangerous animal that
failure to comply with the ownership criteria pursuant to this Section
will result in the immediate forfeiture of the animal. The City Administrator
shall list the animal on the Dangerous Animal Registry. The City Administrator's
declaration of a dangerous animal may be appealed to the Board of
Aldermen at a public hearing held for this purpose. Such hearing shall
occur as soon as practicable after the appeal request is received.
5.
Criteria for possession of an animal declared dangerous. The owner, harborer or keeper of an animal determined to be a dangerous
animal may retain possession of said animal provided the owner presents
sufficient evidence of the following:
a.
The animal will be kenneled inside the residence of the owner,
harborer or keeper or be in a proper enclosure of a dangerous animal,
as defined in this Chapter, and the posting of a notice conspicuously
visible to the public at each entrance to the premises where the enclosure
is located and on each side of the enclosure, reading in letters not
less than four (4) inches high "DANGEROUS ANIMAL — BEWARE."
In addition, each such notice shall conspicuously display a warning
symbol that informs those who cannot read of the presence of a dangerous
animal.
b.
Proof of a policy of liability insurance in the amount and form
set out below:
(1) A policy of liability insurance, such as homeowners
insurance, issued by an insurer qualified to do business in the State
of Missouri in a form acceptable to the City in the sum of at least
one hundred thousand dollars ($100,000.00) payable to any person injured
by the dangerous animal.
(2) A policy of liability insurance, such as homeowner's
insurance, issued by an insurer qualified to do business in the State
of Missouri in the amount of at least one hundred thousand dollars
($100,000.00) insuring the owner for any personal injuries inflicted
by the dangerous animal.
(3) 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. The owner, harborer or keeper must maintain
an effective and unexpired surety bond or insurance policy with the
coverage and in the amounts specified in this Section at all times.
c.
Proof that the animal has been issued a current City license,
been vaccinated against rabies, spayed or neutered and micro-chipped
or tattooed for identification.
d.
In addition, the owner shall provide the City with the following
information before the issuance of a certificate of registration:
(1) Name and address of owner;
(4) Location where animal is to be enclosed;
(6) Animal's immunization number.
C. In case a minor is the keeper of the animal, the duties imposed by
this Section shall be the responsibility of the adult person in whose
family the minor lives or who is in charge of the premises where such
animal is kept.
D. The fee for the registration of dangerous animals shall be established
by the Board of Aldermen and shall equal the estimated costs of administering
the provisions of this Section with respect to dangerous animals.
E. It is unlawful to permit or allow a dangerous animal to be outside
the proper enclosure unless the animal is muzzled and restrained by
a substantial chain or leash not longer than four (4) feet and under
physical restraint of a responsible person who is capable of controlling
the animal. The muzzle shall be made in a manner that will not cause
injury to the animal or interfere with its vision or respiration but
shall prevent it from biting any person or animal. Such animals shall
not be tethered or leashed to inanimate objects such as trees, posts
or buildings.
F. Animals shall not 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 occupied by the
owner of the animal or was tormenting, abusing or assaulting the animal
or has, in the past, been observed or reported to have tormented,
abused or assaulted the animal or was committing or attempting to
commit a crime. This Section shall not apply to dogs used by law enforcement
officials for police work.
G. Any dangerous animal shall be immediately confiscated by a Police
Officer or the Animal Control Officer if the:
1.
Animal is not validly registered under this Section;
2.
Owner, harborer or keeper does not secure and maintain the bond
or liability insurance coverage required by this Section;
3.
Animal is not maintained in the proper enclosure; or
4.
Animal is outside of the dwelling of the owner, harborer, or
keeper or outside of the proper enclosure and not muzzled or under
physical restraint of the responsible person.
H. Upon any attack or assault by a dangerous animal, the City Administrator,
his/her designee, a Police Officer or the Animal Control Officer is
hereby empowered to confiscate and destroy the dangerous animal.
I. Upon any aggressive attack or assault by any animal causing the severe
injury or death of any human, the City Administrator or his/her designee
is hereby empowered to confiscate and destroy the animal.
[CC 1985 §4-37; Comp. Ords. §5.01(3); Ord. No. 3527 §1, 1-25-2007]
A. No
dog or cat owner shall keep any dog or cat within the City after the
first (1st) day of May of each year, unless a license therefor has
first been secured.
B. Licenses
shall be issued by the City Clerk for a fee of five dollars ($5.00)
for each neutered male or spayed female dog, eight dollars ($8.00)
for each unaltered dog and free of charge for each cat.
C. Applications for licenses under this Section shall be accompanied by a certificate from a qualified veterinarian showing that the dog or cat to be licensed has been given a vaccination against rabies in compliance with Section
205.100.
D. An
application for a license for an altered male or female dog shall
present a statement from a qualified veterinarian indicating that
the dog has been spayed and giving the date of the operation.
E. Licenses
under this Section shall expire on the thirtieth (30th) day of April
next following the issuance thereof.
[CC 1985 §4-38; Comp. Ords. §5.01(4)]
No license shall be granted for a dog or cat which has not been
vaccinated against rabies during the ninety (90) day period preceding
the making of an application for such license, except that when a
dog or cat is first licensed for an entire year, the license may be
issued if the dog or cat has been vaccinated within a period of six
(6) months preceding the application for the license. Vaccination
shall be performed only by a doctor qualified to practice veterinarian
medicine in the State which the dog is vaccinated. A veterinarian
who vaccinates a dog to be licensed in the City shall complete in
duplicate a certificate of vaccination. One (1) copy shall be issued
to the owner for affixing to the license application and one (1) copy
shall be retained in the veterinarian's office.
[CC 1985 §4-39; Comp. Ords. §5.01(5)(A), (B), (D)]
A. Upon payment of the license fee provided in Section
205.090, if required, the City Clerk shall execute a receipt in duplicate. He/she shall deliver the original receipt to the person who pays the fee and shall retain the duplicate. He/she shall also procure a sufficient number of suitable metallic tags the shape of which shall be different for each license year and he/she shall deliver one (1) appropriate tag to the owner of the dog or cat when the fee is paid.
B. The
owner of every dog or cat shall cause a tag to be attached by a permanent
metal fastener to the collar of the dog or cat so licensed in such
a manner that the tag may be seen by the animal control or Police
Officers of the City. The owner shall see that the tag is constantly
worn by such dog or cat.
C. In
case any tag is lost, a duplicate may be issued by the City Clerk
upon presentation of a receipt showing the payment of the license
fee for the current year. A charge of one dollar ($1.00) shall be
made for each such duplicate tag. Tags are not transferable. No refund
shall be made on any license fee because of leaving the City or of
a death before the expiration of the license period.
[CC 1985 §4-40; Comp. Ords. §5.01(5)(C),(6); Ord. No. 2643 §2, 4-23-1992]
All Police Officers of the City and the Animal Control Officer shall take up and impound, in a suitable place to be designated by the City Administrator, any and all dogs and cats found running at large as provided in Section
205.080 and any and all dogs and cats found in the City without the tag required in Section
205.110. It shall be the duty of such Police Officers or Animal Control Officer to destroy any dog or cat acting in such manner as to be dangerous to the public or which cannot be safely taken up and impounded without endangering the life or limb of the officer attempting to capture and impound the same.
[CC 1985 §4-41; Comp. Ords. §5.01(7); Ord. No. 3527 §2, 1-25-2007; Ord. No. 4068 §3, 10-27-2016]
A. Any cat impounded as provided in Section
205.120 may be redeemed by its owner or the custodian by paying and receiving a receipt from the City Clerk for a sum of money in accordance with the following schedule:
1.
For taking up and impounding such cat: first occurrence - ten
dollars ($10.00); second occurrence - twenty dollars ($20.00); third
occurrence - thirty dollars ($30.00); fourth occurrence and each occurrence
thereafter - forty dollars ($40.00).
2.
Feeding and caring for such a cat, four dollars ($4.00) per
day.
B. The owner of any dog impounded as provided in Section
205.120 will receive a citation for violation of this Chapter. The owner must appear in municipal court on the date set in the citation. Following a presentation of the case by the Prosecuting Attorney for the City, the Municipal Judge will rule on the case. If the owner is found guilty of violating this Chapter the Judge shall assess fines in accordance with the following schedule:
1.
First occurrence - from one hundred dollars ($100.00) to five
hundred dollars ($500.00); Second occurrence - from two hundred dollars
($200.00) to five hundred dollars ($500.00); Third occurrence and
each occurrence thereafter - from three hundred dollars ($300.00)
to five hundred dollars ($500.00).
2.
Feeding and caring for such dog, four dollars ($4.00) per day.
3.
Any dog impounded as provided in Section
205.120 will remain impounded until the case has been resolved by the Prosecuting Attorney or the Municipal Court Judge and the fine paid. In addition, if the case involves a dangerous dog, the dog will remain impounded until the owner agrees to surrender the dog, to remove the dog from the incorporated limits of the City or to maintain the dog in accordance with the provisions of the City ordinances.
C. If any impounded dog or cat is not redeemed by its owner or custodian thereof within one (1) week after the date of taking up and impounding the same, any person may adopt such dog or cat by paying the fees set forth in Subsection
(A). The City Clerk shall post a notice in the City Hall of all dogs and cats impounded, giving a general description thereof and the date impounded, which shall be open to inspection of the public; provided, however, that such notice shall not be posted any more than three (3) days specified for holding such dog or cat. Upon the payment of the fees aforesaid to the City Clerk, the Clerk shall authorize the release of such dog or cat from impoundment.
[CC 1985 §4-42; Comp. Ords. §5.01(10)]
Each dog or cat impounded under the provisions of this Article shall be held for a period of one (1) week unless sooner released in a manner provided by Section
205.130. When any dog or cat is impounded and not redeemed, it shall be disposed of according to humane procedures approved by the Board of Aldermen.