[CC 1997 §4-4]
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.
8.
A "pit bull" dog which is defined to mean:
a.
Staffordshire
bull terrier breed of dog;
b.
The
American pit bull terrier breed of dog;
c.
The
American Staffordshire terrier breed of dog;
d.
Any
mixed breed of dog which contains as an element of its breeding the
breed of Staffordshire bull terrier, American Staffordshire terrier
or American pit bull terrier;
e.
Any
dog which has the appearance and characteristics of being predominantly
of the breeds of Staffordshire bull terrier, American pit bull terrier,
American Staffordshire terrier and other breeds commonly known as
pit bulls, pit bull dogs or pit bull terriers, or a combination of
any of these breeds.
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.
[CC 1997 §4-16]
A.
Except as otherwise provided hereafter, it shall be unlawful to possess or own a pit bull dog within the municipal limits of the City of Branson West. Pit bull dogs residing in the City of Branson West on or before February 1, 1994, may be kept by their owners within the City subject to the following requisites in addition to those of Section 205.110.
1.
No person
shall permit a pit bull dog to go outside its enclosure or pen unless
such dog is securely leashed with a leash no longer than four (4)
feet in length. No person shall permit a pit bull dog to be kept on
a chain, rope or other type of leash outside its enclosure or pen
unless a person is in physical control of the leash. Such dogs may
not be leashed to inanimate objects such as trees, posts, buildings,
etc. In addition, all pit bull dogs on a leash outside the animal's
enclosure or pen must be muzzled by a muzzling device sufficient to
prevent such dog from biting persons or other animals.
2.
No person
shall sell, barter or in any other way dispose of a pit bull dog registered
with the City to any person within the City unless the recipient person
resides permanently in the same household and on the same premises
as the registered owner of such dog; provided that the registered
owner of a pit bull dog may sell or otherwise dispose of a pit bull
dog or the offspring of such dog to persons who do not reside within
the City.
3.
All
offspring born of pit bull dogs registered with the City must be removed
from the City within six (6) weeks of the birth of such animal.
