Section 210.170 Notification of Destruction of and Other Information Concerning Rabid Animals — Authority of Impounding Officer to Destroy Certain Animals.
[R.O. 2012 §210.100]
All owners and persons, who are in possession of animals, shall prevent their animals from being "at large". This restraint does not apply to animals while being used for lawful hunting, field trials, water retrieving, dog shows, tracking in conjunction with Police activities or of the canine corps of any Police force in Missouri, any Federal law enforcement agency or the Armed Forces of the United States while being used to conduct official business or official purposes.
No owner shall fail to exercise proper care and control of his/her animals to prevent them from becoming a public nuisance. "Public nuisance" includes molesting passing vehicles or pedestrians, by chasing or approaching a person upon the streets, sidewalks, or any public grounds, or private property other than that of the owner, in a menacing fashion or apparent attitudes of attack; or by attacking other animals, trespassing on school grounds; damaging private or public property; barking, whining or howling in an excessive, continuous or untimely fashion.
Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for a planned breeding.
Every dangerous animal, as determined by Public Safety Committee, designated by the Board of Aldermen, shall be confined by the owner within a building or secure enclosure with a lock on the entrance to such enclosure, and shall be securely muzzled or caged whenever off the premises of the owner. When muzzled on a leash, the leash should be no longer than four (4) feet. No dangerous animal may be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit the structure on its own volition. No such animal may be kept in a house or structure when screen windows or doors are the only obstacle preventing the animal from exiting the house or structure. The owner shall display signs visible to the access roadways on his/her premises, stating that there is a dangerous animal on the property. The signs should be at least six (6) by eight (8) inches but not more than four (4) square feet.
No person shall keep horses, chickens, cattle, ducks, sheep, and other farm animals except as authorized in the "NU" District in Appendix A, in conjunction with a farming operation or riding stable. No stable, barn or shed providing shelter for said animals shall be closer than fifty (50) feet to any property line. In no case shall a horse, pony, mule, donkey, burro or any like animal be kept on a lot of less than three (3) acres.
The City of Union will allow the electronic containment system commonly known as the Invisible Fence® to be used as a restraint system for animals. No dangerous animal shall be kept in such an enclosure as a primary restraint. The Invisible Fence® may be used as secondary restraint in addition to a visible primary enclosure. This system is permitted on any lot or paved area if all maintenance requirements to keep the Invisible Fence® in good working condition are met.
The Chief of Police or his/her designee shall have removed any animal from the City when notified that the animal was required to leave a prior venue due to aggressive, dangerous or bite behavior.
[R.O. 2012 §210.110]
No person shall keep or harbor upon their premises any dog that, by frequent and habitual barking, yelping, howling or whining causes fear or annoyance to the person or persons living in the immediate area.
First (1st) offense. Written warning advising such person of a complaint shall be served by the Union Police Department.
Second (2nd) offense. A written warning to such person advising that a summons will be issued if the owner does not voluntarily, immediately and continually thereafter properly utilize a no bark collar on the dog or contain the dog within an enclosed structure (for example, a home or garage).
Third (3rd) and succeeding offenses. A summons shall be issued for a violation of City ordinances punishable in accordance with the laws of this City. Upon conviction thereof, the Municipal Court may require mandatory containment of the animal in an enclosed structure (for example, house or garage).
This Section shall not apply to kennels or other commercial animal establishments operating under licenses issued by the City under Section 210.080.
Violations of this Section shall be deemed to be a public nuisance.
[R.O. 2012 §210.120]
The Union Police Department shall serve as the City impounding officers with the authority to control, pickup and dispose of any animals which are found in violation of this Chapter within the City. The City Administrator may execute a contract with any qualified person for the control, pickup and disposition of any animals which are found in violation of this Chapter within the City.
[R.O. 2012 §210.130; Ord. No. 2854 §1(D), 8-11-2003]
The impounding officer, Police Officer, or any person designated by the City Administrator shall have the power to catch, confine, and impound the following dogs, cats, domestic others or any other animal.
All dogs, cats and domestic other animals off the owner's property and not securely leashed.
All dogs, cats or domestic others infected with rabies, or suspected of being exposed to rabies or being infected with rabies, including dogs, cats, or domestic others known to have been bitten by a suspected rabid animal, regardless of whether such dogs, cats, or domestic others are at large or on leashes, licensed or unlicensed.
Dogs, cats or domestic others impounded in accordance with this Chapter shall be impounded in a place designated by and under the supervision of the City Administrator.
The impounding officer shall immediately post in the City Police station a notice of impoundment. The written notice shall include the date the animal was impounded, the description of the animal, the location where the animal was found, where the animal is impounded, and the date by which the owner must redeem the impounded animal.
[R.O. 2012 §210.140; Ord. No. 2854 §1(E), 8-11-2003]
Any dog, cat or domestic other captured and impounded as authorized by this Chapter and determined not to be infected with rabies may be redeemed by the owner or other person having the right of possession of such animal upon presentation of proper documentation of rabies inoculation and upon payment of the proper redemption fee, plus any expense of taking, impounding, and keeping said animal.
If the animal has not been vaccinated for rabies, the animal may still be redeemed. The animal shall be returned to the owner. Prior to redemption, the owner shall deposit twenty-five dollars ($25.00) with City Hall/City Court and upon payment of the proper redemption and housing fees. The deposit shall be returned if the owner provides proof of rabies vaccination within ten (10) days.
If the animal is not redeemed in the manner provided in this Section within five (5) working days after its capture, such animal shall be euthanized. Exceptions consist of:
Bite cases which are held ten (10) calendar days.
Dogs, cats or domestic others which are bearing registration tags or bearing identification of ownership shall be held ten (10) days from the date of impoundment, unless it is claimed sooner by the owner or the responsible person. The Union Police Department shall make reasonable efforts within twenty-four (24) hours (not including weekends and holidays) of impoundment to notify the owner. Any impounded animal unclaimed after ten (10) days shall be placed for adoption or humanely destroyed. But no animal shall be placed for adoption if suspected of rabies, exposed to rabies, or known to have bitten or scratched, any person or animal.
The foregoing to the contrary notwithstanding, any animal which has been determined by the Public Safety Committee to be a dangerous animal and with respect to which the owner has failed to comply with the provisions of Section 210.100(D) after having been provided with notice thereof shall not be redeemable. Any such animal shall be euthanized and the cost thereof assessed against the owner or owners by way of a charge being filed in the Municipal Court for violation of Section 210.100. The assessment of such cost shall be in addition to any other penalty ordered by the court.
[R.O. 2012 §210.150]
No person owning or having custody or control of any dog, cat or domestic other in contact with a possibly rabid animal shall permit such dog, cat or domestic other to be upon any street, alley, public place, or private property within the City other than the property of the owner or custodian of said animal, and then only if such dog, cat or domestic other is so confined as to prevent it straying from the premises. All animals under impoundment cannot be vaccinated or revaccinated for rabies until after their ten (10) day impoundment period.
Any animal which is known to have been exposed to rabies shall be immediately destroyed unless the owner, at his/her expense, chooses one (1) of the following alternative methods (any impoundments shall be six (6) months in duration):
Strict isolation in a kennel or animal hospital, if the animal is a dog, cat or domestic other not immunized by any vaccine within the vaccine's duration of immunity.
Impounding and vaccination, if the animal is a dog, cat or domestic other not immunized by any vaccine within the vaccine's duration of immunity.
Restraint by leash at owner's home and revaccinated, if the dog, cat or domestic other has been immunized with an anti-rabies vaccine, by a licensed veterinarian, within such vaccine's duration of immunity.
The Chief of Police or his/her designee may deny the impoundments options stated in Subparagraph (1, 2 and 3) above if it is felt the conditions are unfavorable for compliance in any individual case.
Every person owning or having custody or control of any dog, cat or domestic other which has bitten a person or other animal or which acts in a manner suggesting that it is or may be infected with rabies shall impound such dog, cat or domestic other in the facility designated by the City for a period of ten (10) days for observation. If the dog, cat or domestic other is current on its anti-rabies vaccination and the person or guardian of the person who was bitten does not object, the quarantine may be done in the home of the owner, who must follow strict quarantine guidelines such as animal is not allowed outdoors off-lead, not allowed to be in contact with any visitors or other animals, and must reside indoors for the duration of the quarantine observation. If the owner fails to follow these guidelines the Chief of Police or his/her designee shall impound said animal at the designated facility for the rest of the dog, cat or domestic other's quarantine.
If an animal or domestic other dies while under quarantine during the ten (10) days' impoundment, regardless of location or cause of death, the head shall be removed and submitted for rabies testing. There will be a handling fee for this service, which shall be paid by the owner of the animal.
No person shall cause the deliberate destruction of an animal under quarantine.
[R.O. 2012 §210.160]
For the purpose of containing and controlling the transmission of rabies the Board of Aldermen, the Mayor, or City Administrator shall have the power and authority at any time they may deem it necessary for the protection of the public peace, health, welfare, and safety to issue an order to quarantine for a time not to exceed six (6) months. It shall be the duty of any person who owns, controls, possesses or has custody of any animal subject to rabies to comply strictly with such quarantine order. Notice of such quarantine order shall be given by posting copies thereof in at least six (6) public places within the City; provided that the Mayor, Board of Aldermen, or City Administrator may at any time cancel and recall such quarantine order. During the time any quarantine order enacted by the Mayor, Board of Aldermen, or City Administrator pursuant to this Section is in force, all persons residing within the City owning dogs, cats or domestic others shall keep such animals confined upon their premises, unless such dogs, cats or domestic others shall be attached to leashes not more than four (4) feet long held by a competent person. The Mayor, Board of Aldermen, or City Administrator may impose such other requirements by order which it determines are appropriate to assure the containment of rabies within the quarantined area including, but not limited to the following:
Animals at large during this time will be quarantined. Those which are impossible to impound, after the exercise of reasonable efforts and diligence, may be euthanized if the Mayor, Board of Aldermen, City Administrator, or person empowered by them, so orders.
Section 210.170 Notification of Destruction of and Other Information Concerning Rabid Animals — Authority of Impounding Officer to Destroy Certain Animals.
[R.O. 2012 §210.170]
In the event an animal is infected with rabies or suspected of being infected with rabies the owner or custodian shall immediately notify the Chief of Police or his/her designee and shall provide them with all pertinent information respecting persons bitten, scratched or suspected of being bitten or scratched by said animal and respecting any other animals exposed to said animal.
Any person bitten or scratched by a wild animal shall consider that animal as rabid. A physician should be notified immediately. If caught the animal shall be sent for rabies testing, except all animals excluded by the Missouri Department of Health.
If it shall become necessary by the Police Department in protecting one's safety to shoot an animal with rabies or suspected of being infected with rabies, all precautions shall be taken not to destroy the head, which must be sent to the appropriate State agency for analysis. A service fee of one hundred dollars ($100.00) will be charged for this activity, to the owner of the animal.
[R.O. 2012 §210.180]
Every physician shall report to the Chief of Police or his/her designee pertinent information concerning any resident of the City who has been bitten by an animal whether suspected of having rabies or not. Every veterinarian shall report all pertinent information concerning rabid or suspected rabid animals under his/her care.
[R.O. 2012 §210.095; Ord. No. 2854 §1(C), 8-11-2003; Ord. No. 3885 §1, 8-11-2014]
If the owner of a dangerous animal fails to comply with this Chapter within seven (7) days of notification of the decision of the Public Safety Committee determining the animal to be a dangerous animal, the Chief of Police or his/her designee shall dispose of the animal found to be dangerous under the terms of this Chapter. The Chief of Police or his/her designee shall have the power to impound any such animal, and shall have the power to require the owner of such animal to take necessary measures to dispose of any such animal having been deemed dangerous. They are further authorized to dispose of such animal if it is not done by the owner. This will be performed at the owner's expense. The Chief of Police or his/her designee is authorized to recover any and all costs for performing this or any service covered by this Chapter, either by fees set and paid for in advance or itemized billing.
[R.O. 2012 §210.200]
No animal may be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass upon the premises occupied by the owner or keeper of the animal, or was abusing or assaulting the animal, or has, in the past, been observed or reported to have abused or assaulted the animal, or was committing or attempting to commit a crime.
The Public Safety Committee may, because of extenuating circumstances, determine from the investigation of an incident, that an animal is not dangerous. However the owner, being responsible for said animal, may be warned of the animal's tendencies and instructed to take appropriate action to prevent subsequent incidents. This, however, does not exempt the owner from being cited for other animal control ordinance violations.
Dogs owned by government or law enforcement agencies when being used in the service of those agencies are exempt.
[R.O. 2012 §210.210; Ord. No. 2854 §1(F), 8-11-2003]
The following actions shall be required of owners of animals that have been declared dangerous animals:
Any dangerous animal shall wear at all times, a bright orange collar so the animal can readily be identified as a dangerous animal.
The owner or keeper shall notify the Police Department immediately if a dangerous animal is loose or missing, or has attacked another animal or human being.
An animal may be declared dangerous for prior acts even if it has thereafter voluntarily left the City. Once an animal is declared dangerous, it cannot return to the City.
While on the owner's property, a dangerous animal 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 a pen or structure must have a minimum dimension of five (5) feet by ten (10) feet, must have strong, 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 animal (see definition of "adequate shelter" in Section 210.010). The enclosure, when occupied by a dangerous animal, shall not be occupied by any other animal. If the dangerous animal is a female with young under three (3) months of age, the young may occupy the same enclosure as the mother.
No dangerous animal may be kept in any area of the owner's property that would allow the animal to exit easily (i.e., behind screen doors or windows) or chained without a physical barrier to prevent contact with other animals or people or the escape of the animal. (See Restraint, Section 210.100(D) and (F).)
A sign indicating the presence of a dangerous animal shall be present at and large enough to read from any public thoroughfare from which the property is entered. (See Restraint, Section 210.100(D)) This sign must comply with all ordinances of the City relating to signs.
A dangerous animal may be off the owner's property if it is securely muzzled and on a strong leash no more than four (4) feet long and under the control of a competent person. (See Restraint, Section 210.100(D).)
The owner or keeper of a dangerous animal shall present to the Chief of Police or his/her designee proof that they have procured primary liability insurance or surety bond to include bodily injury and property damage in the amount of at least five hundred thousand dollars ($500,000.00), covering a twelve (12) month period. Proof of such insurance or bond must be presented each twelve (12) month period as long as the dangerous animal lives in the City limits. This policy or bond shall contain a provision requiring the City to be notified by the issuing company prior to any cancellation, termination or expiration of the policy.
All owners or keepers of dangerous animals must, within ten (10) days of such declaration, provide the Chief of Police or his/her designee with two (2) sets of color photographs of the dangerous animal, one (1) of each side and showing the color and approximate size of the animal.
It shall be unlawful for the owner or keeper of a dangerous animal within the City to fail to comply with the requirements and conditions set forth in this Chapter. Any animal found to be the subject of a violation of this Chapter shall be subject to immediate seizure and impoundment. The City Administrator shall as soon as possible after impoundment hold a hearing to determine whether or not there was in fact a violation of this Chapter with respect to an animal which prior thereto had been determined to be a dangerous animal. The owner or owners of the animal in question shall be afforded the opportunity to attend such hearing and to present evidence. If it is found that no violation occurred, the animal shall be returned to the owner without cost. If a violation is found to have occurred the animal shall be euthanized after five (5) business days, and the owner shall be responsible for the cost of impoundment and the cost of having the animal euthanized. If the owner believes that the City Administrator has erred in his/her determination, the owner shall have the right to appeal such decision within the five (5) business days to the Board of Aldermen. At the time any such appeal is filed, the owner shall pay a deposit to the City equal to the cost of impoundment to date plus the cost of impoundment for an additional ten (10) days. If the Board of Aldermen upholds the finding of the City Administrator, the owner shall be responsible for all costs of impoundment plus the cost of having the animal euthanized. If the Board of Aldermen reverses the decision of the City Administrator, the animal shall be released to the owner at no cost to the owner.
[Ord. No. 3885 §1, 8-11-2014]
[R.O. 2012 §210.220]
All guard dogs are subject to the same restraints as dangerous animals except Section 210.210(5) with the addition that adequate shelter must be available. All guard dogs are subject to the license and anti-rabies vaccination requirements in this Chapter. All such animals must be registered annually with the Chief of Police or his/her designee.
[R.O. 2012 §210.230]
The impounding officer, any designated City staff, or any other person with whom the City has contracted according to the provision of this Chapter, and the members of the Police Department, while in pursuit of a dog, cat, domestic other or wild animal on a complaint or running at large, or enforcing/investigating any Sections of this Chapter shall have the right of entry to any lots or lands, including those of the owners of such animals, for the purpose of collecting any animal found in violation of this Chapter.
[R.O. 2012 §210.240]
Any person who shall interfere with or obstruct a City Official in the reasonable performance of his/her duty in apprehending any animal for impounding or investigation under this Chapter or any person who refuses to deliver his/her dog, cat or domestic other upon request by a City Official, whenever such official has reasonable cause, shall be deemed guilty of an ordinance violation.