[R.O. 2009 § 215.010; R.O. 2007
§ 215.010; Ord. No. 3958, 5-14-2024]
The following words, terms and phrases,
when used in this Chapter, shall have the meanings ascribed to them
in this Section, except where the context clearly indicates a different
meaning:
Abandonment is the act of leaving or "dropping off" an animal
in the City of Bolivar with no intent to care for or retrieve the
animal.
Normal and prudent attention to the needs of an animal, including
wholesome food, clean water, shelter and health care as necessary
to maintain good health in a specific species of animal.
To reasonably restrain or govern an animal so that the animal
does not injure itself, any person, any other animal, or property.
Every living vertebrate except a human being.
Any animal not under the restraint of a person capable of
controlling the animal and/or off the premises of the owner.
A facility which is used to house or contain animals and
which is owned, operated, or maintained by the City, a duly incorporated
Humane Society, Animal Welfare Society, Society For The Prevention
Of Cruelty To Animals, or other not-for-profit organization devoted
to the welfare, protection, and humane treatment of animals.
An animal of a species of vertebrates that has been domesticated
by humans so as to live and breed in a tame condition and depend on
humankind for survival or a bird of a species that has been domesticated
by humans so as to live and breed in a tame condition and depend on
humankind for survival.
An animal raised on a farm or ranch and used or intended
for use in farm or ranch production, or as food or fiber.
The destruction of an animal accomplished by a method approved
by the American Veterinary Medical Association's Panel on Euthanasia
(JAVMA 173: 59-72, 1978); or more recent editions, but animals killed
during the feeding of pet carnivores shall be considered humanely
killed.
Any person owning, keeping or harboring one (1) or more animals.
An animal shall be deemed to be harbored if it is fed or sheltered
for three (3) consecutive days or more. If an owner is a minor, each
adult person having the care, custody and control of such minor is
hereby required to exercise the duties of an owner and for the purposes
of this Chapter, each such person shall conclusively be deemed to
be the owner. If an animal is kept at a household that has more than
one (1) adult owner or tenant of the premises, each such adult is
hereby required to exercise the duties of an owner and for the purposes
of this Chapter, each such person shall conclusively be deemed to
be the owner.
Any individual, partnership, firm, joint stock company, corporation,
limited liability company, association, trust, estate, or other legal
entity.
Domestic cats, dogs, parakeets, parrots, hamsters and such
small animals as are intended for the enjoyment of the residents of
a household in which the animals are kept.
Any animal that unreasonably annoys humans, endangers the
life or health of other animals or persons or substantially interferes
with the rights of citizens, other than their owners, to enjoyment
of life or property. The term "public nuisance animal," shall mean
and include, but is not limited to, any animal that:
Is found at large; or
Damages the property of anyone other
than its owner; or
Molests or threatens pedestrians
or passersby; or
Chases vehicles, including motorized
or unmotorized bicycles, scooters or other instruments used for the
conveyance of persons from one location to another; or
Excessively makes disturbing noises,
including, but not limited to, continued and repeated howling, barking,
whining or other utterances causing unreasonable annoyance, disturbance
or discomfort, or untimely so as to disturb the sleep or peace to
neighbors or others in close proximity to the premises where the animal
is kept or harbored; or
Causes fouling of the air by odor
and thereby creates unreasonable annoyance or discomfort to neighbors
or others in close proximity to the premises where the animal is kept
or harbored; or
Causes unsanitary conditions in enclosures
or surroundings where the animal is kept or harbored; or
Is offensive or dangerous to the
public health, safety or welfare by virtue of the number and/or types
of animals maintained; or
Attacks other domestic animals; or
Impedes refuse collection by ripping any bag or tipping any
refuge container; or
Any female dogs when in season not
confined indoors or in a secure enclosure so that she will not be
in contact, except for intentional breeding purposes, with another
dog, nor create a nuisance by attracting other animals.
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The person(s) complaining about an animal nuisance condition
must be willing to sign a complaint and testify in Municipal Court,
if needed, as to the offending animal.
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An animal secured by a leash, chain, cable or rope that is
under the control of a person; an animal secured by a leash, chain,
cable or rope that is affixed to an immovable object and that is at
least twenty (20) feet in length; an animal that is in an enclosure
that is otherwise lawful under the zoning and subdivisions regulations
of the City that is designed to and does prevent the animal from escaping
from the confines of the enclosure; an animal that is within the boundaries
of the property owned, leased or otherwise controlled by the owner
of the animal when such owner is in visual range of the animal and
the animal is obedient to the owner's commands to refrain from leaving
the premises, to return to the premises if the animal has strayed,
to refrain from barking at, following or attacking humans or other
animals, to refrain from chasing vehicles or to refrain from doing
any other act that is a violation of this Chapter; or an animal that
is confined within the confines of, and is obedient to the warning
signal of, a properly installed and functioning "invisible fence"
that provides an electrical shock via a collar device if the animal
violates the established perimeter of the fence.
Any animal that attacks, bites or injures human beings or
domesticated animals without adequate provocation or which, because
of temperament, conditioning or training, has a known propensity to
attack, bite or injure human beings or domesticated animals.
Any animal as defined above, including those born or raised
in captivity, except the following: domestic dogs (excluding hybrids
with wolves, coyotes or jackals), domestic cats (excluding hybrids
with ocelots or margays), farm animals, rodents, captive-bred species
of common cage birds and fish.
[1]
Editor's Note: Former Section 215.011, Dogs
And Cats To Be Registered — Fee For Registration — Renewal
Of Registration, which derived from R.O. 2009 § 215.011;
R.O. 2007 § 215.011; Ord. No. 2805 § 1, 5-22-2008; Ord. No. 3049 § I, 7-17-2012, was repealed 3-29-2022 by Ord. No. 3721.
[1]
Editor's Note: Former Section 215.015, Registration
To Be Placed On Collar On Dogs And Cats, which derived from R.O. 2009
§ 215.015; R.O. 2007 § 215.015, was repealed 3-29-2022 by Ord. No. 3721.
[1]
Editor's Note: Former Section 215.020, Dog
And Cat Register, which derived from R.O. 2009 § 215.020;
R.O. 2007 § 215.020, was repealed 3-29-2022 by Ord. No. 3721.
[R.O. 2009 § 215.025; R.O. 2007
§ 215.025; Ord. No. 3958, 5-14-2024]
A.
The Chief of Police, with the approval
of the City Administrator, may employ a person or persons, who may
be a non-sworn employee, who shall carry the title of Animal Control
Officer at such salary or fee as may be established by or in the budget
or other ordinance adopted by the Board of Aldermen. Such person or
persons shall serve at will.
B.
In lieu of the appointment of an Animal Control Officer as provided above, the City may, by ordinance, contract with one (1) or more organizations or entities to perform all of the functions of the Animal Control Officer that are provided by this Section 215.025. Any organization with whom the City may contract for animal control shall designate one (1) or more persons as their agent or agents for the performance of such control and such organization shall thereafter be authorized to act by and through such designated individuals. No organization with whom a contract for animal control is made by the City shall authorize any person to act as its agent without first submitting the name, address, telephone number and such biographical information as the City may request to the Board of Aldermen. The Board shall vote to accept or reject such person or persons so designated by the organization or entity and, if rejected, no reason need be given for such rejection. The Mayor may temporarily approve a designated agent pending the next meeting of the Board. The Board of Aldermen may withdraw its approval of any person previously approved if, in its judgment, the person's performance is not satisfactory. An organization or entity with whom the City may contract shall have all of the rights, powers and duties that are provided in this Chapter. In the event such contract is entered into, all references herein to the Animal Control Officer shall be deemed to refer to the entity or organization with whom the City has contracted for animal control purposes.
[Ord. No. 3958, 5-14-2024]
[R.O. 2009 § 215.030; R.O. 2007
§ 215.030; Ord. No. 2743, 9-13-2007; Ord. No. 2920 § I, 1-14-2010; Ord. No. 3958, 5-14-2024]
A.
All dogs shall be kept under restraint.
B.
No dog or cat shall be permitted to appear
unrestrained in any City park, cemetery or other public property.
C.
No owner shall fail to exercise proper
care and control of his/her animals to prevent them from becoming
a public nuisance.
D.
Every female dog or cat in estrus 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 planned breeding, nor create a nuisance by attracting other
animals.
[R.O. 2009 § 215.031; Ord. No. 2920 § II, 1-14-2010; Ord. No. 3958, 5-14-2024]
A.
Classification. The Chief of Police or his/her designated representative shall classify any animal with the following characteristics as a "dangerous animal" for purposes of this Section and Section 215.032 of this Code:
1.
Any animal which has inflicted a
severe or fatal injury on a human on public or private property. "Severe
injury" means any physical injury resulting directly from an animal's
bite or otherwise directly caused by an animal's actions, which results
in broken bones or lacerations requiring stitches or hospitalization.
The victim receiving severe injuries as defined above must provide
the Police Chief with a signed physician's statement documenting the
injury and the treatment qualifying such as a severe injury or sign
an authorization for the release of such statement.
2.
Any animal which has attacked or
bitten a human being or domestic animal, without provocation, on public
or private property other than the property of the owner.
3.
Any animal which, while on the owner's
property, has attacked or 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 animal is kept, or domestic animal.
4.
Any animal which, while off the owner's
property, has killed a domestic animal, livestock or poultry without
provocation.
5.
Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting, which activity is further regulated in Section 215.033 of this Chapter.
6.
Any animal 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 attitude of attack, regardless of
whether or not a person is injured by said animal.
7.
Any animal 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.
Notice. Within five (5) working days after classifying an animal as a "dangerous animal,'' the Chief of Police or his/her designated representative shall notify the animal's owner of such classification in writing. The notice shall identify the requirements and conditions for maintaining a dangerous animal as set forth in this Section and Section 215.032. If the owner cannot be located, the animal may be immediately impounded and notice shall be posted at the owner's last known address.
C.
Appeal And Hearing. If the circumstances surrounding the classification as a dangerous animal under any of the definitions listed in Subsection (A) of this Section are in dispute or if the animal owner contests the classification, then the owner has the option of submitting, within five (5) working days of notice of said classification, a written request to the Chief of Police for a hearing to contest the "dangerous animal" classification.
1.
The City Administrator shall, within
ten (10) working days after receipt of a bona fide written request,
designate a Hearing Officer to conduct the hearing and render a decision.
2.
Pending the outcome of such a hearing,
the animal 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.
3.
The Hearing Officer shall determine
whether to declare the animal to be a "dangerous animal" based upon
evidence and testimony presented at the time of the hearing, in addition
to witnesses, animal control personnel, Police or any other persons
possessing information pertinent to such determination. The hearing
shall be informal and strict rules of evidence shall not apply. The
owner may be represented by counsel, present oral and written evidence
and cross-examine witnesses.
4.
The Hearing Officer shall issue a
decision after the close of the hearing and notify the owner, in writing,
of the decision. The owner or possessor of the animal found to be
a "dangerous animal" shall be required to maintain the animal as herein
provided in this Code.
5.
Any person aggrieved by the determination
of the Hearing Officer may appeal the decision to the Circuit Court
of Polk County, Missouri, pursuant to the provisions of Chapter 536,
RSMo.
D.
Exemptions To Dangerous Animal Classification.
1.
No animal may be declared a "dangerous
animal" 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 animal or
was teasing, tormenting, abusing or assaulting the animal or has,
in the past, been observed or reported to have teased, tormented,
abused or assaulted the animal or was committing or attempting to
commit a crime.
2.
The Chief of Police 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, shall be warned of the animal's tendencies
and shall take appropriate action to prevent subsequent incidences.
This, however, does not exempt the owner from being cited for other
animal control ordinance violations.
3.
Animals owned by governmental or
law enforcement agencies when being used in the services of those
agencies are exempt.
E.
Actions To Be Taken For Dangerous Animals
Causing Severe Or Fatal Injuries.
[R.O. 2009 § 215.032; Ord. No. 2920 § III, 1-14-2010; Ord. No. 3958, 5-14-2024]
A.
Registration. Every animal that is classified
as a dangerous animal pursuant to this Chapter will be identified
and noted on a dangerous animal registry to be kept by the Police
Department of the City.
B.
Collar. Any dangerous animal shall wear
at all times a bright orange collar with a large brightly colored
metal tag attached to the collar so the animal can be readily identified
as a dangerous animal.
C.
Loose, Unconfined Or Missing Dangerous
Animal. The owner or keeper shall notify the Police Department immediately
if a dangerous animal is loose, unconfined or missing, has attacked
another animal or has attacked a human being.
D.
Reporting Requirements. The owner or keeper
shall notify the City Police Department within twenty-four (24) hours
of the following occurrences:
1.
Death Or Transfer Of Ownership. If
a dangerous animal has died or has been sold or given away, or otherwise
transferred in ownership or possession. If the animal has been sold,
given away, or otherwise transferred in ownership or possession, the
owner or keeper shall provide the City Police Department with the
name, address and telephone number of the new owner or keeper, and,
if the dog is kept within the City limits of Bolivar, the new owner
or keeper must comply with the requirements of this Chapter.
2.
Birth. All offspring of dangerous
animals within the City must be removed from the City within two (2)
months of their birth.
3.
New Address. Notification of the
new address of a dangerous animal owner or keeper should the owner
or keeper move from one address within the corporate City limits to
another address within the corporate City limits.
E.
Confinement.
1.
All dangerous animals must be securely
confined indoors or in a securely enclosed locked pen, kennel or other
structure, except when leashed and muzzled as provided herein. The
pen, kennel or other structure must be suitable to prevent the entry
of young children and designed to prevent the animal from escaping.
Such pen, kennel or other structure must have minimum dimensions of
five (5) feet by ten (10) feet and must have secure sides and secure
top attached to all sides. The pen, kennel or other structure must
be locked with a key or combination lock when dangerous animals are
confined within. The pen, kennel or other structure must have a secured
bottom or floor attached to all sides; however, if it has no bottom
secured to the sides, the sides must be embedded in the ground no
less than twelve (12) inches. The enclosure must also provide protection
from the elements for the animal.
2.
The enclosure, when occupied by a
dangerous animal, shall not be occupied by any other animal. If the
dangerous animal is a female with offspring under three (3) months
of age, the offspring may occupy the same enclosure as the mother.
3.
All structures erected to house dangerous
animals must comply with all zoning and building regulations of the
City. All such structures must be adequately lifted and ventilated
and kept in a clean and sanitary condition.
4.
No dangerous animal may be kept on
the porch, patio or in 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.
F.
Signs. The owner or keeper shall display
a sign on their premises that there is a dangerous animal on the property
and which bears a symbol warning children of the presence of a dangerous
animal. The 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.
G.
Leash And Muzzle. A dangerous animal 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 not cause injury
to the animal or interfere with its vision or respiration but must
prevent it from biting any person or animal.
H.
Insurance. The owner or keeper of a dangerous
animal shall present to the City Police Department proof that the
owner or keeper has procured liability insurance in the single incident
amount of at least 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 persons which may result from the ownership,
keeping or maintenance of such dangerous animal covering the twelve-month
period during which licensing is sought. An effective insurance policy
with the coverage and in the amounts specified herein must be maintained
by the owner or keeper at all times. This policy shall contain a provision
requiring the City of Bolivar to receive ten (10) days' written notice
by the insurance company prior to any cancellation, termination or
expiration of the policy.
I.
Photographs. All owners or keepers of dangerous
animals must, within ten (10) days of such classification, provide
the City Police Department with two (2) color photographs [one (1)
showing the left profile and the other showing the right profile]
of the animal, clearly showing the color, distinguishing markings
and approximate size of the animal.
J.
Microchipping
Of Dangerous Animals. All owners or keepers of dangerous animals must
have the dangerous animal rnicrochipped at the owner's or keeper's
expense. The owner or keeper of such animal must provide documentation
or certification that the dangerous animal has been microchipped within
ten (10) days of the animal being classified as a dangerous animal
pursuant to this Chapter.
K.
Compliance, Violations And Penalties.
1.
It shall be unlawful for the owner
or keeper of a dangerous animal within the City of Bolivar to fail
to comply with all requirements and conditions set forth in this Section.
Any animal found to be in violation of this Section may be, in addition
to other penalties provided by the Code of the City of Bolivar, 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 Section, whichever is shorter.
2.
If a dangerous animal is impounded pursuant to the provisions of
this Section, and if the owner or keeper of a dangerous animal is
not in compliance with all requirements and conditions set forth in
this Section prior to the expiration of the ten (10) day minimum impoundment
period, then the dangerous animal will be deemed to be abandoned,
shall become the property of the animal shelter and be placed for
adoption in a suitable home, removed from the City, or humanely euthanized.
3.
Any person found guilty of violation of any provision of this Section shall be punished as provided in Section 100.220 of this Code. In addition to any penalty as provided above, the court shall order the registration of the subject dangerous animal revoked and the animal removed from the City. Should the defendant refuse to remove the animal from the City, the Municipal Court Judge may find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this Section continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this Section shall pay all expenses, including shelter, food, handling, veterinary care and testimony, necessitated by the enforcement of this Section.
[Ord. No. 3958, 5-14-2024]
A.
A person commits the offense of dogfighting
if he or she:
[Ord. No. 3958, 5-14-2024]
A.
A person commits the offense of spectating dogfighting if he or she is knowingly present, as a spectator, at any place, building, or structure where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in Subdivision (2) of Subsection (A) of Section 215.033, with the intent to be present at such exhibition, fighting, or injuring.
B.
Any person found guilty of violation of any provision of this Section shall be punished as provided in Section 100.220 of this Code.
C.
Nothing
in this Section shall be construed to prohibit:
1.
The use of dogs in the management of livestock by the owner of such
livestock, his or her employees or agents, or other persons in lawful
custody of such livestock;
2.
The use of dogs in lawful hunting; or
3.
The training of dogs or the use of equipment in the training of dogs
for any purpose not prohibited by law.
[R.O. 2009 § 215.035; R.O. 2007
§ 215.035; Ord. No. 3958, 5-14-2024]
B.
Impounded animals shall be kept for not
fewer than five (5) working days.
C.
If the owner of an impounded animal can
be identified, the Animal Control Officer shall immediately, upon
impoundment, notify the owner by telephone or certified mail (or cause
such notification to be given) of the impoundment and recovery procedures.
If the owner of the impounded animal cannot be identified, then the
Animal Control Officer shall make a complete registry of the animal.
D.
Any animal not reclaimed by its owner within
five (5) working days shall become the property of the animal shelter
and be placed for adoption in a suitable home or humanely euthanized.
No animal, living or dead, shall be sold, given, conveyed or otherwise
transferred to laboratories or other institutions for the purpose
of research or to dealers or to any individuals who supply animals
to such institutions for research purposes.
E.
Any animal that is claimed by its owner
shall not be released unless:
1.
The owner presents proof of ownership;
2.
The owner presents proof of rabies
vaccination administered by a licensed veterinarian within the prior
twenty-four (24) months; and
3.
The owner provides payment of the daily cost of care as determined by the City or the animal control shelter acting under contract with the City where the animal has been confined, plus all veterinarian or additional costs incurred during the period of confinement. If the rabies vaccination or City registration is not current, the owner shall be given five (5) business days within which to arrange for such vaccination and/or registration. If proof of vaccination or registration is not provided within the permitted time or payments of the costs of confinement are not paid or the purported owner fails to provide proof of ownership, the animal shall be deemed to have not been claimed and the provisions of Subsection (D) of this Section shall apply.
F.
In addition to the provisions of subsection (E) of this provision, in the event that the Police Department, including the Animal Control Officer, responds to more than three (3) instances of the same animal being unrestrained or being a public nuisance, or any combination thereof, within a twelve (12) month period immediately preceding the most recent response by the Police Department, the Animal Control Officer may impound the animal and require the owner or keeper to microchip the animal at the owner's or keeper's expense as a condition to release of the animal.
[Ord. No. 3958, 5-14-2024]
B.
All fines and penalties for a first finding
of guilt under this Section may be waived by the court if the person
found guilty of animal neglect shows that adequate, permanent remedies
for the neglect have been made. Reasonable costs incurred for the
care and maintenance of neglected animals may not be waived. This
Section shall not apply to the provisions of Section 578.007, RSMo.,
or Chapter 272, RSMo.
C.
Any person found guilty of violation of any provision of this Section shall be punished as provided in Section 100.220 of this Code. In addition, the court may order a person found guilty of animal neglect to pay all reasonable costs and expenses necessary for:
1.
The care and maintenance of neglected
animals within the person's custody or ownership;
2.
The disposal of any dead or diseased
animals within the person's custody or ownership;
3.
The reduction of resulting organic
debris affecting the immediate area of the neglect; and
4.
The avoidance or minimization of
any public health risks created by the neglect of the animals.
D.
If
a person is found guilty of the offense of animal neglect and the
court having jurisdiction is satisfied that an animal owned or controlled
by such person would in the future be subject to neglect or abuse,
such animal shall not be returned to or allowed to remain with such
person, but its disposition shall be determined by the court.
[Ord. No. 3958, 5-14-2024]
A.
A person is guilty of animal trespass if
a person having ownership or custody of an animal knowingly fails
to provide adequate control for a period equal to or exceeding twelve
(12) hours.
B.
Any person found guilty of violation of any provision of this Section shall be punished as provided in Section 100.220 of this Code. All fines for a first conviction of animal trespass may be waived by the court, provided that the person found guilty of animal trespass shows that adequate, permanent remedies for trespass have been made. Reasonable costs incurred for the care and maintenance of trespassing animals may not be waived. This Section shall not apply to the provisions of Section 578.007 or Sections 272.010 to 272.370, RSMo.
[Ord. No. 3958, 5-14-2024]
A.
A person commits the offense of animal
abuse if he or she:
1.
Intentionally or purposely kills
an animal in any manner not allowed by or expressly exempted from
the provisions of Sections 578.005 to 578.023 and 273.030, RSMo.;
2.
Purposely or intentionally causes
injury or suffering to an animal; or
3.
Having ownership or custody of an
animal knowingly fails to provide adequate care which results in substantial
harm to the animal.
B.
Any person found guilty of violation of any provision of this Section shall be punished as provided in Section 100.220 of this Code.
C.
If
a person is found guilty of the offense of animal abuse and the court
having jurisdiction is satisfied that an animal owned or controlled
by such person would in the future be subject to neglect or abuse,
such animal shall not be returned to or allowed to remain with such
person, but its disposition shall be determined by the court.
[1]
Note: Under certain circumstances, this offense
can be a felony under State law.
[Ord. No. 3958, 5-14-2024]
[Ord. No.
3910, 11-14-2023; Ord. No. 3958, 5-14-2024]
A.
A person commits the offense of keeping
a dangerous wild animal if he or she keeps any lion, tiger, leopard,
ocelot, jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat,
jaguarundi, hyena, wolf, bear, non-human primate, coyote, any deadly,
dangerous, or poisonous reptile, or any deadly or dangerous reptile
over eight (8) feet long, in any place other than a properly maintained
zoological park, circus, scientific, or educational institution, research
laboratory, veterinary hospital, or animal refuge, unless he or she
has registered such animals with the local law enforcement agency
in the County in which the animal is kept.
[R.O. 2009 § 215.050; R.O. 2007
§ 215.050; Ord. No. 3958, 5-14-2024]
A.
No person may sponsor, promote or train
an animal to participate in, contribute to the involvement of an animal
in or attend as a spectator any activity or event in which any animal
engages in unnatural behavior or is wrestled, fought, mentally or
physically harassed or displayed in such a way that the animal is
abused or stressed mentally or physically or is induced or encouraged
to perform through the use of chemical, mechanical, electrical or
manual devices in a manner that will cause or is likely to cause physical
injury or suffering. This prohibition applies to events and activities
taking place in either public or private facilities or property and
shall apply regardless of the purpose of the event or activities and
irrespective of whether or not a fee is charged to spectators.
B.
All equipment used on a performing animal
shall fit properly and be in good working condition.
[R.O. 2009 § 215.055; R.O. 2007
§ 215.055; Ord. No. 3958, 5-14-2024]
A.
The
owner of every animal shall be responsible for the removal of any
excreta deposited by his/her animal on public walks, recreation areas
or private property.
B.
It
shall be unlawful for an owner to allow the accumulation of animal
feces or manure in any open area, run, cage or yard wherein animals
are kept and to fail to remove or dispose of feces or manure on a
regular basis to avoid offensive odors or unsanitary conditions creating
a nuisance as determined by City staff. It is unlawful for an owner
to allow pet waste to be deposited, or cause unsanitary conditions
resulting from pet waste, on an adjacent property through stormwater
runoff or washing off areas where animals are kept.
[R.O. 2009 § 215.060; R.O. 2007
§ 215.060; Ord. No. 3958, 5-14-2024]
A.
In the interest of public health, safety
and the general welfare, any person keeping or harboring any animal
or fowl in the City by so doing does hereby authorize the Animal Control
Officer, the Chief of Police and/or any duly commissioned Police Officer
of the City to enter without warrant upon private property that such
person owns or controls where such animals or fowl is to be found
in plain sight, other than within any residence structure, for the
purpose of enforcement of this Chapter and to seize such animal from
such private property to abate an ordinance violation.
B.
By the authority of this Section, any animal
that is deemed by the Animal Control Officer or the Chief of Police
to be cruelly mistreated in violation of this Chapter or suffering
may be seized from the property of its owner or keeper to abate the
mistreatment or the suffering of that animal and it may be confined
at a suitable animal shelter for disposition the same as if such animal
was found running at large.
C.
Any animal that has possibly exposed a
person to rabies through a bite wound or other tissue invasion and
that is found on the property of the owner or keeper may be removed
from that property by the Animal Control Officer, the Chief of Police
or any duly commissioned Police Officer, if such owner or keeper is
not available, willing and able to surrender the animal for observation
and testing as provided in this Chapter. It shall be unlawful for
an owner to fail to deliver possession of an animal suspected of having
bitten or caused a tissue invasion in any person upon request of the
Animal Control Officer, the Chief of Police or any duly commissioned
Police Officer of the City.
D.
If the appropriate officer is unable to
enforce his/her duties under this Section as a result of the owner
or keeper's failure to permit entry or other obstructive conduct,
such officer may apply to any court having appropriate jurisdiction
for a warrant to enter upon any property where the animal is kept
and to seize the animal for any purpose authorized herein.
[R.O. 2009 § 215.065; R.O. 2007
§ 215.065; Ord. No. 3958, 5-14-2024]
A.
Any bite wound exposing an individual to
the possibility of rabies or other zoonotic disease (an "incident")
shall be immediately reported to the Animal Control Officer or Chief
of Police or any duly commissioned Police Officers of the City by
the victim and by the owner, keeper or harborer of the animal if the
incident is known to such owner. Any animal bite that requires medical
treatment shall be reported within twenty-four (24) hours to the Animal
Control Officer or Chief of Police by the treating physician or other
licensed health care provider caring for the patient. Upon receipt
of such information and identification of the animal and its owner
that caused the injury, it shall be the duty of the Animal Control
Officer or Chief of Police or the designee of either of them to take
control of the animal by any means authorized in this Section and
to place such animal for observation in a duly licensed veterinary
medical facility for such period of time as the veterinarian and/or
the treating physician determine is necessary to determine if the
animal has rabies or another zoonotic disease. The owner of the animal
shall be liable for the costs of such confinement and observation.
The death or any suspicious change in the health or behavior of the
animal undergoing observation shall be reported to the Animal Control
Officer or the Chief of Police, who shall be empowered to authorize
tissue samples from the animal to be submitted to an appropriate laboratory
for testing. If such tissue samples cannot be obtained from a living
animal, the Animal Control Officer or Chief of Police may authorize
the animal to be humanely euthanized for the purpose of obtaining
such tissue samples. No physician, veterinarian, Animal Control Officer,
Chief of Police or duly commissioned Police Officer of the City shall
have any liability for having acted pursuant to the terms of this
Section to protect the health and welfare of the injured person by
determining if the animal causing such injury suffered from rabies
or another zoonotic disease.
B.
It shall be unlawful for any person to
refuse to release an animal suspected of having bitten or caused an
open injury to any person, to hide or conceal such animal or to take
such animal from the City limits unless specifically so authorized,
in writing, by the Animal Control Officer or the Chief of Police.
[R.O. 2009 § 215.090; R.O. 2007
§ 225.430; Ord. No. 763 § 4(l), 1-17-1980; Ord.
No. 3958, 5-14-2024[1]]
A.
A person commits the offense of permitting
fowl to run at large if he/she shall recklessly allow any domestic
fowl which he/she owns or over which he/she has control to be on any
City streets, sidewalks or public places or on the premises of another
without permission.
B.
This Section shall not apply to the fowl
in the public park owned by the City of Bolivar.
[R.O. 2009 § 215.100; R.O. 2007
§ 225.440; Ord. No. 763 § 4(m), 1-17-1980; Ord.
No. 3958, 5-14-2024[1]]
A.
A person commits the offense of running
at large of stock if he /she shall allow any animal of the species
of horse, mule, cattle, sheep, goat or swine to be on streets of Bolivar
without proper control or on the property of another without permission
within the City.
B.
Any person who keeps any of the above-named
animals shall keep fences in such a condition to prevent their escape
from that person's property.
C.
If any of the above-named animals shall
be found running at large within the City of Bolivar, the City Police
or whoever they appoint shall impound the animal.
D.
The Bolivar City Police shall then send
notice to the owner of the animal or post such notice in a conspicuous
location in the area where the animal shall be found, if the owner
is not known, stating that such animal has been impounded.
E.
The owner may reclaim the animal upon payment
of a reasonable fee for the taking and keeping of the animal and upon
proof of ownership as may be required by the City Police.
F.
If the owner does not claim the animal
within three (3) days, the Mayor of Bolivar may order the animal sold
and shall place a notice in the newspaper of general circulation within
the City setting forth a description of the animal, the date, time
and place of sale and the right of the owner to claim the animal upon
payment of costs and proper proof of ownership. Upon the sale of the
animal and payment of the purchase price to the City Clerk, the charge
for taking and keeping and selling the animal shall be deducted from
that sale price and the balance shall be kept for six (6) months to
be paid to any person who proves ownership of the animal sold. After
six (6) months the money shall go into the General Fund of the City
of Bolivar.
[Ord. No. 3958, 5-14-2024]
The Chief of Police or designee may order the destruction of
any stray dog or cat or other dog or cat running at large if such
dog or cat is unable to be captured after all reasonable efforts thereto
have been made, and it shall be the duty of the Chief of Police to
execute such order.
[Ord. No. 3958, 5-14-2024]
It shall be unlawful for any person to willfully or maliciously
torture, torment, beat, kick, strike, mutilate, injure, disable or
kill any dog used by the Police Department of the City in the performance
of the functions or duties of such department, or to interfere with
or meddle with any such dog while being used by the Police Department
or any officer in the performance of his/her functions or duties with
the department.
[Ord. No. 3958, 5-14-2024]
A.
Any
duly authorized public health official or law enforcement official,
including the Animal Control Officer, may seek a warrant from the
appropriate court to enable him or her to enter private property in
order to inspect, care for, or impound neglected or abused animals.
All requests for such warrants shall be accompanied by an affidavit
stating the probable cause to believe a violation of the applicable
Sections of this Chapter has occurred. A person acting under the authority
of a warrant shall:
1.
Be given a disposition hearing before the court through which the
warrant was issued, within thirty (30) days of the filing of the request
for the purpose of granting immediate disposition of the animals impounded;
2.
Place impounded animals in the care or custody of a veterinarian,
the appropriate animal control authority, or an animal shelter. If
no appropriate veterinarian, animal control authority, or animal shelter
is available, the animal shall not be impounded unless it is diseased
or disabled beyond recovery for any useful purpose;
3.
Humanely kill any animal impounded if it is determined by a licensed
veterinarian that the animal is diseased or disabled beyond recovery
for any useful purpose;
4.
Not be liable for any necessary damage to property while acting under
such warrant.
B.
The
owner or custodian or any person claiming an interest in any animal
that has been impounded because of neglect or abuse may prevent disposition
of the animal by posting bond or security in an amount sufficient
to provide for the animal's care and keeping for at least thirty (30)
days, inclusive of the date on which the animal was taken into custody.
Notwithstanding the fact that bond may be posted pursuant to this
Subsection, the authority having custody of the animal may humanely
dispose of the animal at the end of the time for which expenses are
covered by the bond or security, unless there is a court order prohibiting
such disposition. Such order shall provide for a bond or other security
in the amount necessary to protect the authority having custody of
the animal from any cost of the care, keeping or disposal of the animal.
The authority taking custody of an animal shall give notice of the
provisions of this Section by posting a copy of this Section at the
place where the animal was taken into custody or by delivering it
to a person residing on the property.
C.
The
owner or custodian of any animal humanely killed pursuant to this
Section shall not be entitled to recover any damages related to nor
the actual value of the animal if the animal was found by a licensed
veterinarian to be diseased or disabled, or if the owner or custodian
failed to post bond or security for the care, keeping and disposition
of the animal after being notified of impoundment.
[Ord. No. 3958, 5-14-2024]
The parent or guardian of a minor child is responsible for the
adequate care of any animal owned by, in the control of, or harbored
by that minor child.
[Ord. No. 3958, 5-14-2024]
A.
A person
commits the offense of unlawful removal of an electronic dog collar
or radio transmitting device if he or she removes an electronic or
radio transmitting collar from a dog without the permission of the
owner of the dog with the intent to prevent or hinder the owner from
locating the dog.
B.
Any person found guilty of violation of any provision of this Section shall be punished as provided in Section 100.220 of this Code. The court shall order any person found guilty under this Section to pay as restitution the actual value of any dog lost or killed as a result of such removal. The court may also order restitution to the owner for any lost breeding revenues.
[Ord. No. 3958, 5-14-2024]
A.
A person
commits the offense of knowingly releasing an animal if he or she,
acting without the consent of the owner or custodian of an animal,
intentionally releases any animal that is lawfully confined for the
purpose of companionship or protection of persons or property or for
recreation, exhibition or educational purposes.
B.
The
provisions of this Section shall not apply to a public servant acting
in the course of such servant's official duties.
A.
Any Animal Control Officer or Police Officer shall have the authority and is hereby empowered to issue citations to the owners or keepers of animals for violations of Chapter 215 of the Code of the City of Bolivar.
B.
The citations issued by the officer shall
be in substantially the same form as citations issued by Police Officers
for traffic violations and shall give a date certain for the owner
or keeper of the animal to appear in Municipal Court or other tribunal
which may then be the forum appointed to hear such matters.
A.
Unless a specific punishment is otherwise provided, any person violating any provision of this Chapter, shall, upon conviction, be deemed guilty of an ordinance violation and subject to punishment as provided in Section 100.220 of this Code.
B.
In
addition to all other provisions of this Chapter, any person who has
violated provisions of this Chapter more than three (3) times in an
18-month period shall be fined a minimum of two hundred dollars ($200.00)
for the fourth offense and four hundred dollars ($400.00) for the
fifth offense and each offense thereafter occurring during an 18-month
period.
