[CC 1994 §73.040; Ord. No. 99.14, 4-26-1999; Ord. No. 04.10, 4-26-2004]
A. Definition. Any animal having a disposition or propensity
to attack or bite any person or other animal without provocation,
or which is wild by nature and of a species which, due to size, vicious
nature or other characteristics, constitutes a danger to human life,
physical well-being, or property is hereby deemed to be a dangerous
animal. For the purpose of this Chapter, where the official records
of the Animal Control Office or the Police Department establishes
that an animal has bitten any person or other animal on one (1) or
more separate occasions, such evidence shall be prima facie evidence
that said animal is a dangerous animal.
B. Dangerous Animal Prohibited. Upon written complaint of any
person that a person owns, or is keeping or harboring, within the
City of Oronogo a dangerous animal in violation of this Chapter, the
Animal Control Officer or Public Safety Officer shall forthwith cause
the matter to be investigated; and, if after investigation, the facts
indicate that such person named in the complaint is, in fact, the
owner of, or is keeping or harboring, any such dangerous animal in
the City, the Animal Control Officer or Public Safety Officer shall
forthwith give written notice to such person requiring such person
to safely remove said animal from the City within three (3) days of
date of said notice. Notice as herein provided shall not be required
where such dangerous animal has caused serious physical harm or death
to any person or other animal or has escaped and is at large. In such
case, the Animal Control or Public Safety Officer shall cause said
animal to be immediately seized and impounded, or killed if seizure
or impoundment are not possible without risk of serious physical harm
or death to any person.
C. Animal
Control Officer or Public Safety Officer shall forthwith cause to
be seized and impounded any dangerous animal where the person owning,
keeping or harboring such animal has failed to comply with the notice
given pursuant to this Section more particularly as follows:
1. Any animal, whether or not running at large, and whether or not unrestrained,
that without provocation has bitten any person not a trespasser causing
serious physical injury to that person.
2. Any unrestrained animal, whether or not running at large, that without
provocation has attempted to bite any person not a trespasser which
would cause serious physical injury to that person.
3. Any unrestrained animal, whether or not running at large, that without
provocation has placed any person not a trespasser in apprehension
of immediate serious physical injury.
4. Any animal that has killed another animal without provocation.
D. Vicious Animals Prohibited—Exceptions—Impoundment. It shall be unlawful to own, keep, or harbor a vicious animal in
the City of Oronogo, Jasper County except in accordance with the following
provisions:
1. Leash and muzzle. No person shall permit a vicious
animal to go outside its kennel or pen unless such animal is securely
leased with a leash no longer than four (4) feet in length. No person
shall permit a vicious animal 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 the leash. Such animals may not be leashed to an inanimate
object such as trees, posts, or buildings. In addition, all vicious
animals on a leash outside its kennel or pen must be muzzled by a
device sufficient to prevent such animal from biting persons or other
animals.
2. Confinement. All vicious animals 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 secure top attached to the
sides. All structures used to confine vicious animals must be locked
with a key or combination lock when such animals are within the structure.
Said structure must have a secure bottom or floor attached to the
sides of the pen or the sides of the pen must be imbedded in the ground
no less than two (2) feet. Also such structures must be adequately
lighted and ventilated and kept in a clean and sanitary condition.
3. Confinement indoors. No vicious animal may be kept
on a porch, patio, or 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 vicious
animals within the City shall display in a prominent place on their
premises a sign easily readable by the public using the words "Beware
of Animal". In addition, a similar sign is required to be posted on
the kennel or pen of such animal.
E. It
is illegal to harbor or keep an animal if it has been determined to
be "dangerous".
F. Any
animal having a dangerous complaint initiated against such animal
shall be securely impounded pursuant to this Chapter at the Joplin
Humane Society or other approved location by the Chief of Police until
determination of guilt occurs in the Municipal Court. The owner of
such animal shall be responsible for all costs incurred while such
animal is impounded. Any animal not reclaimed (if allowed) by its
owner within seven (7) days after judicial action is completed shall
be disposed of.
G. Any
person charged with a violation of this Section who, having been duly
notified, fails to appear in Municipal Court shall, upon order of
the court, waive their right to redeem their animal.
H. Any
animal deemed dangerous pursuant to this Chapter shall not be sold
or given away without the permission of the Chief of Police.
I. Upon
conclusion of the determination of dangerous by the court, the following
sanctions may be imposed upon the owner of such animal:
1. Dangerous animals shall be securely confined indoors or in a securely
enclosed and locked kennel or cage. The kennel or cage shall be of
a size suitable for the species, age and condition of the animal kept
therein and shall provide adequate ventilation, shade from the sun
and protection from the elements. In the event of a dispute over the
appropriate size, the guidelines of the United States Department of
Agriculture shall apply. The kennel or cage must have secure sides
and a secure top, such as heavy gauge chain link fence material, attached
to the sides. Such kennel or cage must have a secure bottom or floor
(concrete or asphalt) attached to the sides. The kennel or cage must
be locked with a key or combination lock when such animals are within
the structure. Any such kennel or cage must be located at least ten
(10) feet from any property lines and must comply with all zoning
and building regulations of the City. Kennels for dangerous animals
must be sufficient for the breed.
2. When confined indoors, no dangerous animal may be kept on a porch,
patio or any part of a house, building or structure that would allow
the animal to exit such building on its own volition. No such animal
may be kept in a house, building or structure when the windows are
open. No dangerous animal may be kept in a house, building or structure
when screen windows or screen doors are the only obstacle preventing
the animal from exiting the structure.
3. No person shall permit a dangerous animal to go outside its kennel,
cage, or secure structure unless that person has physical control
of the leash. Such animals shall not be leashed to inanimate objects
such as trees, posts, buildings, etc. Additionally, all such animals
on a leash outside the animal's kennel, cage or secure structure must
be muzzled by a muzzling device sufficient to prevent the animal from
biting persons or other animals.
4. A sign shall be conspicuously posted upon the kennel or cage of any
dangerous animal with letters in English at least two (2) inches high
containing a warning to "Beware of the Dangerous Animal" or words
of similar impact.
5. All owners, keepers or harborers of any dangerous animal must maintain
in effect public liability insurance amount of 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 person which may
result from the ownership, keeping or maintenance of such animal.
All owners, keepers or harborers of dangerous animals shall present
to the animal warden a statement certifying that they have the required
insurance policy in effect. Such insurance policy shall provide that
no cancellation of the policy will be made unless thirty (30) days'
written notice is first given to the Chief of Police.
6. The owner of such dangerous animal must register such animal with
the Police Department. The application for such registration shall
contain the name and address of the owner, the breed, age, sex, color
and identifying marks of the animal, the location of where the animal
will be kept and other such information as the director may require.
A registration number for future identification will be issued. Photographs
will be taken of the animal for identification purposes. A microchip
identification device properly implanted according to manufacturer's
guidelines, by a licensed veterinarian, may be required at the owner's
expense.
7. The owner of such animal shall arrange for the spaying or neutering
of such animal at the owner's expense. This sanction may be imposed
to help relieve the aggressive nature of the animal, the desire to
wander and to prevent future offspring with dangerous tendencies
8. Any animal that inflicts a severe or fatal injury on a human being
on any public or private property may be deemed an imminent threat
to the public and ordered humanely euthanized by the court.
9. No animal shall be declared dangerous pursuant to any part of the
Section if the threat, injury or damage caused by such animal 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. Nor
shall any animal be declared dangerous if it was responding to pain
or injury, or was protecting itself, its kennel, or offspring. Dogs
utilized as part of a K-9 police dog program by a police official
are exempted while performing duty.
10. Upon conviction of any person of a violation of the requirements
of this Section, the Municipal Judge may, in addition to the usual
judgment upon conviction, order the Chief of Police to forthwith take
up and humanely euthanize such animal, or may order such animal removed
from the City.
11. Upon conviction of any animal being dangerous, a penalty as provided in Section
100.220 may be imposed in addition to any sanctions set forth in this Section.
12. Sanctions imposed by the court are to be implemented to the Chief
of Police's satisfaction within seven (7) days after the court ruling
or the animal may not be reclaimed.
J. Dangerous/Vicious Animals. To provide for the payment for
the care, medical expenses, room and board of any animal impounded
pursuant to this Section, the Chief of Police may make application
to a court of competent jurisdiction for an order to require the posting
of a bond in favor of the animal pound. The bond may be in cash, or
surety, in an amount set by the court, and may be increased or decreased
as determined by the court after hearing. In its order, the court
may provide the failure of an owner to place a bond as ordered by
the court shall be deemed abandonment of an animal.
[CC 1994 §73.070; Ord. No. 94.10, 5-16-1994]
No wild animals may be kept within the City limits, except under
such conditions as shall be fixed by the Chief of Police; provided
however, that wild animals may be kept for exhibition purposes by
circuses, zoos, and educational institutions in accordance with such
regulations as shall be established by the Chief of Police.
[CC 1994 §73.075; Ord. No. 94.10, 5-16-1994]
Any mammal, fowl, fish, or any other species not commonly considered
as pets or commonly raised for food or agricultural purposes which
pose a possible threat to the life or health of humans. Any restrictions
on the keeping of such animals shall not apply to traveling entertainment
shows such as circuses so long as exotic animals which may be a part
of such shows are confined in such manner as to reasonably provide
safe separation between the exotic animal and the general public.
The Chief of Police shall be responsible for determining the applicability
of this definition for any mammal, fowl, fish, or other species. A
person desiring to possess any mammal, fowl, fish, or other species
which in the opinion of the Chief of Police is prohibited under this
definition shall have the right to request a hearing before the Board
of Aldermen which shall make a decision.
[CC 1994 §73.085; Ord. No. 94.10, 5-16-1994]
No person or corporation shall possess, house, shelter, pen,
sell, or offer for sale within the City limits of Oronogo any exotic
animal.