City of Oronogo, MO Dangerous or Vicious Animals

[CC 1994 §73.040; Ord. No. 99.14, 4-26-1999; Ord. No. 04.10, 4-26-2004]

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.

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.

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:

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.

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.

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.

Any animal that has killed another animal without provocation.

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:

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.

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.

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.

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.

It is illegal to harbor or keep an animal if it has been determined to be "dangerous".

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.

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.

Any animal deemed dangerous pursuant to this Chapter shall not be sold or given away without the permission of the Chief of Police.

Upon conclusion of the determination of dangerous by the court, the following sanctions may be imposed upon the owner of such animal:

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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Editor’s Note: Former Section 205.285, Pit Bull Dogs Prohibited, adopted or amended 12-12-2011 by Ord. No. 11-33 § I, was repealed 11-25-2019 by Ord. No. 19-44.