[R.O. 2011 §5-10; Ord. No. 2832 §5-21, 5-16-1994]
No person shall own, keep or harbor in the City any dog or cat
over three (3) months of age unless such is vaccinated against rabies.
All dogs vaccinated at three (3) months of age or older shall be revaccinated
one (1) year from that date and each year thereafter. Any dog owner
who moves into the City shall comply with this Section within thirty
(30) days. If any dog has bitten any person or animal, the owner of
said dog shall report that fact to the vaccinating veterinarian and
to the animal control facility. If unvaccinated at the time of the
bite, no person shall administer a rabies vaccine to that dog until
after a ten (10) day observation period. The vaccination requirement
shall apply to dogs of wild extraction.
[R.O. 2011 §5-11; Ord. No. 2832 §5-22, 5-16-1994]
After vaccinating any dog or cat for rabies, the veterinarian
shall give the owner written certification of such vaccination. No
person shall own or harbor any dog and fail to exhibit a certificate
or rabies tag within a reasonable time upon demand by an Animal Control
Officer.
[R.O. 2011 §5-12; Ord. No. 2832 §5-23, 5-16-1994]
No person shall own or harbor any dog or cat which has not been
vaccinated against rabies within the last year as provided in this
Chapter. This Section shall apply to dogs of wild extraction.
[R.O. 2011 §5-13; Ord. No. 2832 §5-24, 5-16-1994]
No person shall possess or make use of a stolen, counterfeit
or forged rabies certificate or tag. Rabies certificates and rabies
tags are not transferable. No person shall attach or cause to be attached
any rabies tag to any dog or cat other than the dog or cat for which
the tag was originally issued.
[R.O. 2011 §5-14; Ord. No. 2832 §§5-27 — 5-30, 5-16-1994]
A.
Confinement Required. No dog owner, or any person who harbors,
keeps or is a custodian of a dog, shall fail to physically, mechanically
or electronically confine the dog. Such physical confinement shall
ensure that the dog cannot leave the premises or be at large.
B.
Dogs At Large. No dog owner, or any person who harbors, keeps or is custodian of a dog, shall fail to prevent the dog from being or running at large as defined in Section 205.020. Any dog off its owner's premises shall be under control by its owner.
C.
Dogs In Common And Public Areas. No dog owner, or any person
who harbors a dog, shall fail to prevent his/her dog from running
at large in the yard of any multiple occupancy building which is occupied
by other persons; or in the common areas of mobile home complexes,
apartments, or condominium developments; or in open space areas of
subdivisions; or in public or County parks or fairgrounds, unless
permission is posted by public authorities allowing dogs at large.
D.
Confinement During Estrus. Any unspayed female dog in the
state of estrus (heat) shall be confined during estrus in a house,
building, or secured enclosure constructed so that no other dog may
gain access to the confined animal. Owners or keepers who do not comply
with this Subsection may be ordered by an Animal Control Officer to
remove the dog to a boarding kennel, veterinary hospital or the Animal
Control Center or to be served with a penalty assessment notice. All
expenses incurred as a result of such confinement shall be paid by
the owner. Failure to comply with the removal order of an Animal Control
Officer shall be a violation of this Subsection and any unspayed female
dog in estrus may be summarily impounded in the event of non-compliance
with such a removal order. This provision shall not be construed to
prevent the lawful breeding of dogs so long as access to the female
is controlled in accordance with this Subsection to prevent random
access to said female.
E.
Evidence Of Running At Large. It shall be prima facie evidence
that a dog is running at large if the dog is out of its owner's, harborer's,
or keeper's sight, or if the dog goes upon public or private property
without the property owner's, manager's or tenant's consent.
A.
Determination Of Dangerous Dogs. Initial determination as
to whether a dog is dangerous or not shall be made by the Animal Control
Officer based upon the circumstances which lead to the complaint.
If in the opinion of the Animal Control Officer the dog is declared
dangerous, the owner shall have a maximum of seven (7) days in which
to fully comply with the provisions of this Section. During this period,
the dog will be secured with a chain, having a minimum tensile strength
of three hundred (300) pounds, or placed in a secure building.
B.
Disposition Of Dangerous Dogs.
1.
An animal responsible for an unprovoked attack on a person resulting
in serious bodily injury or death shall be humanely destroyed at the
owner's expense after the ten (10) day rabies quarantine period.
2.
An animal found to be dangerous by the Animal Control Officer and
not humanely destroyed should be maintained as a dangerous animal
pursuant to this Code.
C.
Hearing.
1.
When the Animal Control Officer or his/her authorized representative
has impounded any dangerous dog pursuant to this Section, and the
owner of such dog disputes the classification of such dog as a dangerous
dog, the owner of such dog may file a written petition with the Animal
Control Officer or his/her authorized representative for an administrative
hearing concerning such classification no later than seven (7) days
after impoundment. Such petition shall include the name and address,
including mailing address, of the petitioner. The Animal Control Officer
or his/her authorized representative will then issue a notice of hearing
date by mailing a copy to the petitioner's address no later than ten
(10) days prior to the date of the hearing. Where no written request
from the owner for a hearing is received by the Animal Control Officer
or his/her authorized representative within seven (7) days of impoundment,
the dangerous dog shall be destroyed.
2.
The administrative hearing, if any, will be held before the Salem Municipal Court. Any facts which the petitioners wish to be considered shall be submitted at the hearing. The Municipal Court shall make a final determination whether the dog is a "dangerous dog" as defined in Section 205.020 of this Chapter. Such final determination shall be considered a final order of the Animal Control Officer or his/her authorized representative subject to review under Chapter 536, RSMo.
3.
If the dog is found to be a dangerous dog, it shall be destroyed,
unless the owner produces evidence deemed sufficient by the Animal
Control Officer or his/her authorized representative that the dangerous
dog is to be permanently taken out of Salem and the owner pays the
cost of impoundment. If the dog is found not to be a dangerous dog,
the dog shall be released to the owner. The procedures in this Section
shall not apply and the owner is not entitled to such a hearing with
respect to any dog which was impounded as the immediate result of
an attack or bite and has been deemed a "dangerous dog" under this
Chapter.
D.
Keeping Of Dangerous Dogs — Regulations.
1.
Microchip implant. At the owner's expense, the owner
shall allow a person authorized by the Animal Control Officer to implant
a microchip or at the owner's option have the microchip implanted
by a veterinarian.
2.
Spay/neuter. The owner shall, at the owner's expense,
have the dangerous dog spayed or neutered and shall present to the
Animal Control Officer, or his/her authorized representative, documentary
proof from a licensed veterinarian that this sterilization has been
performed. This Subsection shall not apply to any dangerous dog which
is registered as an active participant in a dog exhibition or skills
association or organization for which the owner must present a certificate
of registration from the American Kennel Club and/or the United Kennel
Club and a signed and notarized affidavit that the animal has or will
be used as a show dog or is a registered service animal. The exception
contained in this Subsection does not apply to any dangerous dog which
has not actively participated in any such shows in the previous twelve
(12) months.
3.
Registration and photographs. The owner of the dangerous
dog shall provide proof of rabies vaccination and shall pay the annual
registration fee of one hundred dollars ($100.00). The owner of the
dangerous dog shall keep current the registration for such dog through
annual renewal. Such registration is not transferable and shall be
renewable only by the holder of the registration or by a member of
holder's immediate family. A dangerous dog registration tag will be
issued to the owner at the time of issuance of the registration. Such
registration tag shall be attached to the dog by means of a collar
or harness and shall not be attached to any animal other than the
animal for which the registration was issued. If the dangerous dog
tag is lost or destroyed, a duplicate tag may be issued upon the payment
of a twenty-five dollar ($25.00) fee. All owners, keepers or harborers
of dangerous dogs must provide to the Animal Control Officer two (2)
color photographs of the animal showing the color and approximate
size of such dog, the address where such dog shall be confined and
by whom, and the name and address of the owner or owners of such dog.
The Animal Control Officer shall maintain a file containing the registration
number and names of the dangerous dogs and the names and addresses
of the owners. The owner shall notify the Animal Control Officer of
any change of address.
4.
Confinement. All dangerous dogs shall be securely
confined indoors in a home or outdoors in a securely enclosed and
locked pen, kennel or structure, except when leashed and muzzled as
provided below. Such pen, kennel or structure must have secure sides
and a secure top attached to the sides. All pens, kennels or structures
used to confine dangerous dogs must be locked with a key or combination
lock when such animals are within the pen, kennel or structure. Such
pen, kennel or structure must have a secure bottom or floor attached
to the sides of the pen, kennel or structure or the sides of the pen,
kennel or structure must be embedded in the ground no less than one
(1) foot. All pens, kennels or structures erected to house dangerous
dogs must comply with all zoning and building regulations of the City.
All such pens, kennels or structures must be adequately lighted and
ventilated and kept in a clean and sanitary condition.
5.
Confinement indoors. No dangerous dog may be kept
on a porch, patio or in any part of a house that would allow the dog
to exit such house on its own volition. In addition, no such animal
may be kept in a house when the windows are open or when screen doors
are the only obstacle preventing the dog from exiting the same.
6.
Signs. All owners, keepers or harborers of dangerous
dogs within the City shall within ten (10) days of the effective date
of this Section display in a prominent place on their premises a sign
easily readable by the public using the words "Beware of Dog". In
addition, a similar sign is required to be posted on the kennel, pen
or structure of such animal.
7.
Leash and muzzle. No person shall permit a dangerous dog to go outside its place of confinement unless such dog is securely leashed with a leash no longer than six (6) feet in length or in a "secure temporary enclosure" as defined in Section 205.020 of this Chapter. No person shall permit a dangerous dog to be kept on a chain, rope or other type of leash outside its place of confinement 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 dangerous dogs on a leash outside the place of confinement must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
8.
Reporting requirements. All owners, keepers or harborers
of dangerous dogs must, within ten (10) days of the incident, report
the following information in writing to the Salem City Clerk as required
hereinafter:
9.
Sale or transfer of ownership prohibited. No person
shall sell, barter or in any other way dispose of a dangerous dog
to any person within the City unless the recipient person resides
permanently in the same household and on the same premises as the
owner of the dangerous dog; provided that the owner of a dangerous
dog may sell or otherwise dispose of a dog or the offspring of such
dog to persons who do not reside within the City.
10.
Animals born of dangerous dogs. All offspring born
of dangerous dogs within the City must be removed from the City within
eight (8) weeks of the birth of such animal.
11.
An owner of a dangerous dog shall notify the Animal Control Officer
or his/her authorized representative within twenty-four (24) hours
in the event that the dangerous dog is lost, stolen, dies, or has
a litter. In the event of a litter, the owner must deliver the puppies
to the Animal Control Officer for destruction or permanently remove
the puppies from Salem and provide sufficient evidence of such removal
by the time the puppies are weaned, but in no event shall the owner
be allowed to keep in Salem a dangerous dog puppy born after the date
of publication of this Section that is more than eight (8) weeks old.
Any dangerous dog puppies kept contrary to the provisions of this
Subdivision are subject to immediate impoundment and disposal pursuant
to this Chapter.
12.
Threat to human life. When, in the judgement of
the Chief of Police and/or his subordinate officers, a dog poses an
immediate threat to human life, he may take whatever action he deems
necessary and prudent under the circumstances.
13.
Failure to comply. It shall be unlawful for the
owner, keeper or harborer of a dangerous dog in the City of Salem
to fail to comply with the requirements and conditions set forth in
this Section. Any dog found to be the subject of a violation of this
Section shall be subject to immediate seizure and impoundment and
may not be redeemed by their owner, unless such redemption is authorized
by an appropriate court.
E.
Any
dog or dogs maintained and utilized by any governmental law enforcement
agency shall not be considered a dangerous dog so long as it is maintained
and utilized for law enforcement purposes.
[R.O. 2011 §5-16; Ord. No. 2832 §§5-34 — 5-37, 5-16-1994]
A.
Barking Dogs Prohibited. No owner of any dog shall fail
to prevent it from disturbing the peace and quiet of any other person
by loud and persistent barking, baying, howling, yipping, crying,
yelping, or whining, whether the dog is on or off the owner's premises.
B.
Provocation Defense. Provocation of a dog is an affirmative defense to any charge for violation of Subsection (A).
D.
Warning Process. The warning process to be employed prior to a charge being instituted for violation of Subsection (A) shall be substantially as follows:
1.
The warning must relate to a barking incident separate from the charged
violation.
2.
The Animal Control Officer may issue a warning after receiving two
(2) complaints from two (2) different persons who do not reside in
the same household.
3.
All complainants must clearly identify themselves by stating their
name, address and telephone number. The complainant shall further
state, if known, the name of the dog's owner, the owner's address
and telephone number, description of the offense, date, time, place
and duration of the offense.
4.
A record or incident report shall be kept of any such complaint and
investigation.
5.
A warning to a dog owner shall fully cite Subsection (A) and advise the owner of the penalty for a violation of Subsection (A). The warning shall also state that a complaint has been received, recite the date of the alleged offense, and conclude that the owner's dog may have disturbed the peace of another individual. The warning must be identified as being issued by an Animal Control Officer empowered by the Board of Aldermen to enforce the provisions of this Section.
[R.O. 2011 §5-88]
An Animal Control Officer shall have the right to enter upon
private property when necessary to seize a dangerous dog, or a dog
that has been running at large or is suspected of rabies when in reasonable
pursuit of such dog.
[R.O. 2011 §5-17; Ord. No. 2860 §5-17, 7-3-1995]
A.
Cats in the City that do damage to shrubs, gardens or property, or that cause a nuisance to City property owners shall be subject to apprehension as provided in the following Subsection (B).
B.
Apprehension for cats running at large in violation of Subsection (A) shall be the responsibility of the effected person. The City will make available humane box traps to be used by the complainant to apprehend such cats. A reasonable deposit will be required for use of such traps. The City will pick up all cats apprehended and handle them in accordance with Subsection (B) upon receipt of a signed complaint noting violation of Subsection (A).
