[CC 1997 §4-4; Ord. No. 04-2025, 4-8-2025]
A. 
Any dog with the following characteristics shall be classified as dangerous:
1. 
Any dog 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 a dog's bite, which results in broken bones, or lacerations requiring stitches, or inpatient hospitalization. The victim receiving severe injuries, as defined above, must provide the Police Department a signed physician's statement documenting injury and treatment qualifying such as a severe injury or sign an authorization for release of such statement.
2. 
Any dog which has killed a domestic animal, livestock, or poultry, without provocation, while off the owner's property.
3. 
Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.
4. 
Any dog which has bitten a human being, without provocation, on public or private property other than the property of the owner.
5. 
Any dog which, while on the owner's property, has 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 dog is kept.
6. 
Any dog 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 attitudes of attack regardless of whether or not a person is injured by said dog.
7. 
Any dog 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. 
If the circumstances surrounding the classification as a dangerous dog under any of the definitions listed in Subsection (A) are in dispute, then the owner has the option of submitting within five (5) working days a written request to the Chief of Police for a hearing and possible appeal. A Hearing Board, consisting of the Chief of Police, City Administrator and Animal Control Officer, or their delegates, shall be convened within ten (10) working days after receipt of a bona fide written request.
C. 
Pending the outcome of such a hearing, the dog 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.
D. 
The Hearing Board shall determine whether to declare the animal to be a "dangerous dog" based upon evidence and testimony presented at the time of the hearing by the owner, in addition to witnesses, animal control personnel, Police or any other person possessing information pertinent to such determination.
E. 
The Hearing Board shall issue written findings within five (5) days after the hearing. The owner or possessor of the animal found to be dangerous shall be required to maintain the animal as herein provided in this Section.
F. 
Exemption To Dangerous Dog Classification. With the exception of Subsection (A)(1), no dog may 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 or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the dog or was committing or attempting to commit a crime.
[CC 1997 §4-15]
A. 
The following actions shall be required of dogs that have been declared dangerous dogs:
1. 
Any dangerous dog which bites or scratches a human being, or any dog whose behavior immediately prior to or during an incident resulting in a human being bitten or scratched, which is determined to be dangerous, shall be impounded for a ten (10) day rabies quarantine at the municipal animal shelter or a veterinarian clinic within the City limits of Branson West.
2. 
Any dangerous dog shall wear at all times a bright orange collar with a large brightly colored metal tag attached to the collar so the dog can readily be identified as a dangerous dog.
3. 
The owner or keeper shall notify the Police Department immediately if a dangerous dog is loose, unconfined, or missing, has attacked another animal, or has attacked a human being.
4. 
The owner or keeper shall notify the Police Department within twenty-four (24) hours if dangerous dog has died or has been sold or given away. If the dog has been sold or given away, the owner or keeper shall provide the Police Department with the name, address and telephone number of the new owner, and the new owner, if the dog is kept within the City limits of Branson West, must comply with the requirements of this Section.
5. 
While on the owner's property, a dangerous dog must 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 must have minimum dimensions of five (5) feet by ten (10) feet and must have secure sides and a secure top. If it has no bottom secured to the sides, the sides must be embedded into the ground no less than twelve (12) inches. The enclosure must also provide protection from the elements for the dog. The enclosure, when occupied by a dangerous dog, shall not be occupied by any other animal. If the dangerous dog is a female with puppies under three (3) months of age, the puppies may occupy the same enclosure as the mother.
6. 
No dangerous dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog 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 dog from exiting the structure.
7. 
The owner or keeper shall display a sign on his/her premises that there is a dangerous dog on the property. This sign shall be visible and capable of being read from the public highway 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. 
A dangerous dog 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 be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but must prevent it from biting any person or animal.
9. 
The owner or keeper of a dangerous dog shall present to the Police Department proof that the owner or keeper has procured liability insurance in the amount of at least one million dollars ($1,000,000.00) covering the twelve (12) month period during which licensing is sought. This policy shall contain a provision requiring the City of Branson West to be notified by the insurance company of any cancellation, termination, or expiration of the policy.
10. 
All owners or keepers of dangerous dogs must within ten (10) days of such declaration provide the Police Department two (2) color photographs (one (1) showing the left profile, and the other showing the right profile) of the animal clearly showing the color and approximate size of the animal. In addition, the owner shall have tattooed on the inside of each ear of a dangerous dog the identification number or code issued by the City for such animal.
11. 
It shall be unlawful for the owner or keeper of a dangerous dog within the City of Branson West to fail to comply with the requirements and conditions set forth in this Article. Any dog found to be the subject of a violation of this Article may be, in addition to other penalties provided by this Article, 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 Chapter, whichever is shorter.
[1]
Editor's Note: Former Section 205.160, Additional Responsibilities For The Owners of Pit Bull Dogs, was repealed by Ord. No. 05-2025, 4-8-2025. Prior history includes: CC 1997 §4-16.