[R.O. 1994 § 215.010; Ord. No.
96-10 § 1, 2-1-1997; Ord. No. 2001-13 § 1, 8-14-2001]
Whenever the following terms are used, each shall have the meaning
respectively ascribed in this Section:
ANIMAL
Any dog, cat, domestic animal, dangerous animal, wild animal
or other living reptile or non-plant creature.
ANIMAL CONTROL OFFICER
The use of this title throughout the Chapter shall mean the
individual, group or business entity designated by the Board of Aldermen
and the staff assigned to work under the direct control of the Animal
Control Officer so designated who may act through such staff to perform
any duty under this Chapter, unless otherwise specifically stated.
ANIMAL SHELTER
The facility or facilities designated by the City of Lake
Ozark or its authorized agents for purposes of impounding or caring
for animals held under the authority of this Chapter or State law.
COMMERCIAL ANIMAL ESTABLISHMENT
Any pet shop, grooming shop, auction, riding school, stable,
kennel, guard dog service, dog trainer or business keeping animals
in stock for retail, wholesale, trade or any establishment performing
one (1) or more of the principal activities of the aforementioned
establishments.
DANGEROUS ANIMALS
The following animals are deemed to be dangerous animals
per se:
5.
All types of panthers, including, but not limited to, cougars,
pumas, jaguars, ocelots, cheetahs, margay, mountain lions, bobcats
and hyenas;
13.
Any constrictor snake of over four (4) feet in length;
DOMESTIC ANIMAL
Any animal which is domesticated as opposed to wild or free
roaming, specifically including dogs.
HARBORING
Any person who offers asylum, refuse or sanctuary to any
animal on a basis so temporary as to not be deemed to be owning or
keeping shall be deemed to be harboring.
KENNEL
Any person, group of persons or corporation engaged in the
commercial business of breeding, buying, selling or boarding dogs
and/or any person who owns, harbors or keeps five (5) or more dogs
at one (1) time exclusive of a litter of newborn animals disposed
of within two (2) months after birth.
LARGE ANIMAL
Any swine, bovine, goat, sheep, beast of burden or any other
domestic or wild animal of similar or larger size.
LICENSE TAG
Any system or systems of animal identification approved by
the Chief of Police which do not involve alterations or permanent
marking of an animal.
OWNER
Any person, group of persons or corporation owning, keeping
or maintaining any animal.
OWNING, KEEPING or MAINTAINING
Any person who feeds or shelters any animal for three (3)
or more consecutive days or who professes ownership of such animal
shall be deemed to be owning or keeping.
PERSON
Any individual, group, partnership, corporation or other
identifiable entity.
PUBLIC NUISANCE
Any animal (or group of animals which contains any animal)
which:
1.
Molests any passerby or chases passing vehicles including bicycles.
2.
Attacks any other animal.
3.
Is in heat or not properly restrained or confined as provided
in this Chapter.
4.
Is at large in violation of this Chapter.
5.
Damages public or private property.
6.
Barks, whines or howls in an excessive fashion which is hereby
defined as continuous or untimely so as to disturb the peace of persons
in the vicinity.
7.
Is ridden on public property which obstructs or interferes with
vehicular or pedestrian traffic.
9.
Threatens or causes a condition which endangers public health.
10.
Impeded refuse collection by ripping any bag or tipping any
container of such.
RESTRAINT
An animal is under restraint if it is within a fully enclosed
or fenced area or under leash of the owner, keeper, harborer or maintainer.
SMALL ANIMAL
Any animal not within the definition of large animal, but
including all dogs with reference to size.
VETERINARY MEDICAL CARE FACILITY
A facility which has the primary function of providing medical
care for animals and is operated by a currently licensed veterinarian.
WILD ANIMAL
Any animal which is predominantly free roaming as opposed
to domesticated.
[R.O. 1994 § 215.020; Ord. No.
96-10 § 2, 2-1-1997]
The intent of this Chapter is to require animal owners, keepers,
harborers or maintainers to comply with the ordinances of this City
and not merely to operate an impoundment program. The enforcement
of this Chapter shall therefore place primary emphasis upon apprehending
and initiating prosecution of violators of this Chapter.
[R.O. 1994 § 215.030; Ord. No.
96-10 § 3, 2-1-1997]
Except where otherwise provided, it shall be the duty of the
Animal Control Officer to administer and enforce the provisions of
this Chapter directly or through staff supervised by said Animal Control
Officer.
[R.O. 1994 § 215.040; Ord. No.
96-10 § 4, 2-1-1997]
It shall be the duty of the Police Department to assist the
Animal Control Officer in enforcing the provisions of this Chapter.
[R.O. 1994 § 215.050; Ord. No.
96-10 § 5, 2-1-1997]
The Animal Control Officer shall keep a record in which he/she shall enter all his/her official transactions. Such record shall be open to the inspection of any person as authorized or limited by the Revised Statutes of Missouri, particularly Chapter
610 and such other enactments as may be or become applicable.
[R.O. 1994 § 215.060; Ord. No.
96-10 § 6, 2-1-1997]
A. Any unrestrained dog or any animal defined as a public nuisance by
this Chapter may be taken by the Police or Animal Control Officer
and impounded in an animal shelter or at a designated holding place
and be there confined in a humane manner pending further action pursuant
to this Chapter. In lieu of impoundment or in addition thereto, a
General Ordinance Summons may be issued to that person and said person
may retain possession of the animal if it is the belief of the Officer
issuing such summons that such possession is not in conflict with
any other Section of this Chapter.
B. Whenever any animal is confined by authority of this Chapter, it
shall be the duty of the Animal Control Officer to release the same
upon satisfactory proof that the party claiming the animal is entitled
to possession thereof and upon payment to the City Clerk of all applicable
fees prescribed by this Chapter and the fee of any license that may
be required by this Chapter.
[R.O. 1994 § 215.070; Ord. No.
96-10 § 7, 2-1-1997]
After impoundment of any animal where a General Ordinance Summons
has not been issued to the owner or keeper, the Animal Control Officer
shall promptly notify the owner of such animal of its impoundment
if the owner can be determined and located by reasonable investigation;
however, no liability shall attach to the City or to the Animal Control
Officer or his/her staff for failure to give such notice. The owner
of an impounded animal who does not redeem his/her animal may still
be proceeded against for violation of applicable Section or Sections
of this or any other applicable ordinance.
[R.O. 1994 § 215.080; Ord. No.
96-10 § 8, 2-1-1997; Ord. No. 2001-13 § 1, 8-14-2001]
A. The keeping or harboring of dangerous animals other than dogs within the City is hereby prohibited. Other than as to dogs, which are regulated by Section
205.160, the Animal Control Officer shall have the authority to declare an animal dangerous because of past behavior, violations of this Chapter or the inherently dangerous nature of the animal as to persons. Such a declaration shall be grounds for the impoundment and destruction of the animal unless, without danger to the public, it can be and is removed from the City within forty-eight (48) hours.
B. Within any "residential area" (for purposes of the Section here defined
as any area not zoned for commercial, agricultural or industrial purposes),
the keeping or harboring of any warm-blooded carnivorous or omnivorous
animal (excluding laboratory purposes) and animals having poisonous
bites is hereby prohibited, if not elsewhere prohibited in this Chapter.
C. The members of the Police Department or any other persons designated
by the City are authorized to kill any dangerous animals of any kind
when it is necessary for the protection of any person or property
and the animal cannot safely be taken and impounded.
[R.O. 1994 § 215.090; Ord. No.
96-10 § 9, 2-1-1997]
A. In the interest of public health, safety and the general welfare
and to regulate or prohibit the keeping or running at large of any
animal, any person keeping or harboring any animal in the City by
so doing does thereby authorize the Animal Control Officer to enter
without warrant upon private property he/she owns or controls whereby
such animal 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 said private property to abate an ordinance
violation.
B. By authority of the Section, any animal that is deemed by the Animal
Control Officer to be suffering or cruelly mistreated in violation
of this Chapter, 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 an animal shelter for disposition under the terms of
this Chapter.
C. Any animal that has possibly exposed a person to rabies through a
bite wound or other tissue invasion and remains on private property,
may be removed from that property by the Animal Control Officer or
Police Officer if such owner or keeper is not available, willing and
able to surrender the animal for observation.
D. Any female dog in season and not confined in a building or solid
enclosure as required may be removed from that property of the owner
or keeper to abate such nuisance.
A. A person
commits the offense of animal neglect if he or she:
1. Has custody or ownership of an animal and fails to provide adequate
care; or
2. Knowingly abandons an animal in any place without making provisions
for its adequate care.
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. In
addition to any other penalty imposed by Section 578.009, RSMo., 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.
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. For
a first conviction of animal trespass, each offense shall be punishable
by a fine not to exceed two hundred dollars ($200.00). The second
and all subsequent convictions shall be punishable by imprisonment
or a fine not to exceed five hundred dollars ($500.00), or both such
fine and imprisonment. 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, RSMo., or Sections
272.010 to 272.370, RSMo.
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.
Any person who shall keep or use, or in any way be connected with or interested in the management of, or shall receive money for the admission of any person to any place kept or used for the purpose of fighting or baiting any bull, bear, cock or other creature, except dogs, any person who shall encourage, aid or assist or be present thereat, or who shall permit or suffer any place belonging to him/her or under his/her control to be so kept or used, shall, on conviction thereof, be fined an amount as set forth in Section
100.220 of this Code.
[R.O. 1994 § 215.120; Ord. No.
96-10 § 12, 2-1-1997]
Every pen, run, cage or other yard establishment wherein any
dog is kept shall be maintained so that no offensive, disagreeable
or noxious smell or odor shall arise.
[R.O. 1994 § 215.130; Ord. No.
96-10 § 13, 2-1-1997]
It shall be unlawful for the owner, keeper, harborer or maintainer
to allow or permit any species of animal to become a public nuisance.
[R.O. 1994 § 215.140; Ord. No.
96-10 § 14, 2-1-1997]
A. No domestic animal afflicted with a contagious or infectious disease
shall be allowed to run at large or to be exposed in any public place
whereby the health of man or beast may be affected; nor shall a diseased
animal be shipped or removed from the premises of the owner thereof,
except under the supervision of the Chief of Police or the Animal
Control Officer.
B. It is hereby made the duty of the Animal Control Officer to secure
such disposition of any diseased animal and such treatment of affected
premises to prevent the communication and spread of the contagion
or infection, except in cases where the State veterinarian is empowered
to act.
[R.O. 1994 § 215.150; Ord. No.
96-10 § 15, 2-1-1997; Ord. No. 2001-13 § 1, 8-14-2001]
A. It shall be unlawful and a public nuisance for any person in charge
of a location to keep or allow to be kept more than four (4) animals
over the age of one hundred eighty (180) days at such location unless
the location of all of the animals kept there are within one (1) or
more of the following exceptions:
1.
The location is licensed as a commercial animal establishment.
B. When animals in excess of the limits established in the preceding
Subsection are found at a location, all of the animals found at the
location may be removed to an animal shelter to be handled as if stray
animals except that the person in charge of the location, if present,
may designate and retain up to four (4) licensed animals.
C. This Section shall not apply to the keeping of gerbils, hamsters
or guinea pigs which are kept in cages and not allowed outside any
structure.
[R.O. 1994 § 215.160; Ord. No.
96-10 § 16, 2-1-1997; Ord. No. 2001-13 § 1, 8-14-2001]
A. Confinement. Other than when using a dog as a guard dog or for law
enforcement, no person shall own, keep, harbor or allow to be upon
any premises occupied by him/her or under his/her charge or control
any dog of a cross, dangerous or ferocious disposition which shall
include but not be limited to, any dog which has without provocation
bitten two (2) or more humans within the prior twelve (12) months
without such dog being securely chained or restrained in such manner
that the animal cannot range within closer than three (3) feet to
the property line of the property of the owner, keeper or harborer.
B. Placarding Premises. When any dog is required by this Section to
be confined, it shall also be required that a conspicuous notice be
posted at the place of confinement of such a nature as to warn the
public of the nature of the dog therein confined.
C. Guard Dogs. Any "guard dog" (for the purpose of this Chapter here
defined as a dog owned by a governmental unit which dog is used to
guard public or private property) used in the City by virtue of such
use is hereby declared to be subject to the license requirements of
this Chapter, must be vaccinated against rabies by a licensed veterinarian;
must, if brought into the City from without the State of Missouri,
be accompanied by the official health certificate required by the
Code of State Regulations, which certificate shall be exhibited upon
the request of any City Animal Control or Police Officer, must be
controllable by its keeper and must not be used in a manner which,
as determined by the Animal Control Officer, endangers individuals
not on the premises guarded. Any person operating a guard dog service
in the City shall register such business with the Animal Control Officer
and shall list all premises to be guarded with the Animal Control
Officer before service begins.
D. Violation — Disposition Of Dog. Upon conviction of failure
to comply with any provision of this Section in addition to the usual
judgment of conviction, if it shall appear to the Municipal Judge
that such dog is still living, he/she may order that said dog to be
humanely killed and direct the Animal Control Officer to enforce that
order and the Police Department shall assist as may be requested by
the Animal Control Officer.
[R.O. 1994 § 215.170; Ord. No.
96-10 § 17, 2-1-1997]
A. No person shall own or keep any animal which by making excessive
noise disturbs a neighborhood. The following definitions and conditions
shall be specially applicable to enforcement of the aforesaid prohibition
of this Section:
1.
Definitions. The following words shall have the meanings as
set out herein:
EXCESSIVE NOISE
Includes any noise produced by an animal which is so loud
and continuous or untimely as to disturb the sleep of a neighbor.
NEIGHBOR
An individual residing in a residence structure which is
within one hundred (100) yards of the property on which the animal
is kept or harbored and who does in writing state that he/she will
testify under oath to said animal making excessive noise.
2.
If a General Ordinance Summons is issued charging violation
of this Section, a subpoena shall also be issued to the disturbed
neighbor to testify in the matter.
[R.O. 1994 § 215.180; Ord. No.
96-10 § 18, 2-1-1997]
No person shall own, keep or harbor any dog or other animal
which by jumping upon or threatening persons upon public streets shall
cause persons to be put in fear of injury. This Section shall apply
to animals while being walked on leashes and the unprovoked attack
by an animal on a leash upon any person shall constitute an assault
or battery by the person holding the leash and failing to prevent
the unprovoked attack by such animal.
[R.O. 1994 § 215.190; Ord. No.
96-10 § 19, 2-1-1997]
The owner, keeper or person harboring any female dog shall,
during the period that such animal is in heat, keep it securely confined
and enclosed within a building except when out upon such person's
premises briefly for toilet purposes while on leash or otherwise effectively
physically restrained. For the purpose of this Section, "briefly for
toilet purposes," shall consist of a maximum time of fifteen (15)
minutes on each separate occasion.
[R.O. 1994 § 215.200; Ord. No.
96-10 § 20, 2-1-1997; Ord. No. 2001-13 § 1, 8-14-2001]
A. It shall be unlawful for any person owning, keeping or harboring
any animal to permit, suffer or allow said animal to run at large
within the City. For the purpose of this Section, any animal shall
be deemed to have been permitted, suffered or allowed by its owner,
keeper or harborer to run at large when found outside of the residence
structure of the owner, keeper or harborer and not effectively physically
restrained on a chain or leash or behind a suitable fence or other
proper method of physical restraint from which it cannot escape.
B. A legally blind person using a "seeing eye dog" in the customary
manner shall be deemed to be in compliance with this Section.
C. Official use of dogs by a governmental unit shall be deemed in compliance
with this Section.
[R.O. 1994 § 215.210; Ord. No.
96-10 § 21, 2-1-1997]
A. If a dog is found within the City limits of Lake Ozark, Missouri,
not under restraint and is impounded, a notice of violation of the
Code of Ordinances of the City shall be delivered in person or sent
by first class mail to the owner, keeper, harborer or maintainer,
if known.
B. If such violation is a first violation with respect to said dog,
the owner may appear within seventy-two (72) hours after receipt of
such notice and the owner shall, after payment of any license fee,
impoundment fee, board fee, and other expenses of confinement then
due and owing, shall reclaim the dog. In second and subsequent violations
of this Chapter requiring restraint, the owner may reclaim said animal
after payment of any license fee, impoundment fee and board fee but
a complaint shall be issued, and the owner, harborer, keeper or maintainer
shall appear in Municipal Court in response to said compliant.
[R.O. 1994 § 215.220; Ord. No.
96-10 § 22, 2-1-1997]
A. Impounded animals shall be kept for not less than seven (7) days
except:
1.
When given to be disposed of by an owner, keeper or harborer,
in which case the animal shall be held until the next calendar day
before making disposition.
2.
When an animal arrives at the shelter in so sick or injured
a condition that in the judgment of the Animal Control Officer or
licensed veterinarian, human compassion requires that the suffering
be promptly ended, in such instance said time period shall not apply
and the animal will be humanely killed to prevent needless suffering.
B. Whenever any animal shall remain in the animal shelter or at a place
of impoundment of a designated representative for a longer period
than seven (7) days from the impounding of such animal said animal
shall be disposed of in a humane manner by the Animal Control Officer.
C. The Animal Control Officer may, in lieu of having an unclaimed animal
killed as provided herein, give such animal into the custody of any
adult requesting custody (animal adoption) of such specific animal
as a pet after viewing it, providing that in the judgement of the
Supervisor said person will humanely care for such animal and will
not permit its use for laboratory or experimental purposes. If more
than one (1) qualified person requests an animal, the Animal Control
Officer may award it to the custody of the person making the highest
and best bid.
D. No animal will be given to the custody of a person who, in the judgment
of the Animal Control Officer, is requesting the animal with the intent
to sell it. Not more than two (2) animals may be given into the custody
of any individual or family per year.
[R.O. 1994 § 215.230; Ord. No.
96-10 § 23, 2-1-1997]
A thirty-five dollars ($35.00) fee or actual cost to the City
of Lake Ozark shall be charged when any animal is picked up by the
Animal Control Officer and transported to the animal shelter or other
City designated place of impoundment which shall be at the rate of
the actual cost to the City of Lake Ozark; provided however, that
such fee shall be increased by the actual amount of any unusual expense
incurred either in the impoundment or the care of said animal, this
payment is required for animal adoption.
[R.O. 1994 § 215.240; Ord. No.
96-10 § 24, 2-1-1997; Ord. No. 2001-13 § 1, 8-14-2001]
It shall be the duty of every person owning, keeping or harboring
in the City any animal one hundred eighty (180) days old or older
to procure a license therefor from the City Clerk or his/her designee.
The receipt issued for the license shall show evidence of a certificate
of vaccination to obtain a City pet license for the keeping of such
animal within the City. The City Clerk may delegate authority to the
Animal Control Officer to enforce any Section of this Chapter requiring
licensing. This Section shall not apply to the keeping of gerbils,
hamsters or guinea pigs which are kept in cages and not allowed outside
any structures.
[R.O. 1994 § 215.250; Ord. No.
96-10 § 25, 2-1-1997]
Hospitals, clinics and other facilities operated by licensed veterinarians for the care and treatment of animals are exempt from all provisions of Section
205.240. The licensing provisions of this Section shall not apply to non-residents of the City unless they keep a dog within the City for more than thirty (30) days. If a dog is fully trained as a "seeing eye dog" and is regularly used in the service of a blind person or is owned by a governmental unit, then such license shall be issued without the payment of a fee.
[R.O. 1994 § 215.260; Ord. No.
96-10 § 26, 2-1-1997; Ord. No. 2001-13 § 1, 8-14-2001]
Written application for animal license shall be made to the
City Clerk and shall state the name, address of the owner and the
name, breed, color, sex and distinguishing marks of the animal.
[R.O. 1994 § 215.270; Ord. No.
96-10 § 27, 2-1-1997; Ord. No. 2001-13 § 1, 8-14-2001]
The yearly fee shall be five dollars ($5.00) for each animal
over the age of six (6) months which has been neutered or spayed.
The yearly fee for each animal over the age of six (6) months not
neutered or spayed shall be fifty dollars ($50.00).
[R.O. 1994 § 215.280; Ord. No.
96-10 § 28, 2-1-1997; Ord. No. 2001-13 § 1, 8-14-2001]
The license evidenced by the certificate of registry shall entitle
an owner or keeper to keep the licensed animal in the City until the
first day of January next following the date of the issuance of the
animal license and certificate.
[R.O. 1994 § 215.290; Ord. No.
96-10 § 29, 2-1-1997; Ord. No. 2001-13 § 1, 8-14-2001]
Before the City Clerk or his/her designee issues any license
or tag for an animal, the owner or keeper thereof shall file with
the City Clerk a certificate from a licensed veterinarian showing
that within three hundred sixty-five (365) days prior to the issuance
of such license, the animal was immunized against rabies. The certificate
must show that the animal has been neutered or spayed or the license
fee for non-neutered or non-spayed animals shall be paid.
[R.O. 1994 § 215.300; Ord. No.
96-10 § 30, 2-1-1997]
The City Clerk or his/her designee shall keep for a period of
three (3) years a record giving the name and address of the owner
or keeper of each licensed dog and the number of the certificate of
registry together with a general description of the dog.
[R.O. 1994 § 215.310; Ord. No.
96-10 § 31, 2-1-1997]
At the time of issuance of license required by this Chapter,
the City Clerk or his/her designee shall deliver therewith a license
tag showing the registration number and expiration date of the license.
A replacement license tag shall be furnished by the City Clerk to
any such owner or keeper upon application and payment of one dollar
($1.00). Any change in the form of license tag or tags used shall
first be approved by the Chief of Police.
[R.O. 1994 § 215.320; Ord. No.
96-10 § 32, 2-1-1997; Ord. No. 2001-13 § 1, 8-14-2001]
A. No owner or keeper of any licensed animal shall allow or permit such animal to be outside the residence of said owner or keeper at any time other than when enclosed on all sides in a cage or covered animal run without having attached to a collar about the neck of such animal or to a secure body harness, the license tag provided for in Section
205.310, except when such animal is being handled in the course of any organized animal training or exhibition program.
B. No person shall remove, or cause to be removed, the collar, harness
or the license tag from any registered animal without the consent
of the owner or keeper thereof.
[R.O. 1994 § 215.330; Ord. No.
96-10 § 33, 2-1-1997]
A. Every animal which bites or scratches a person shall be promptly
reported to the Animal Control Officer or a Police Officer and shall
thereupon be securely quarantined at the direction of the Animal Control
Officer for a period of ten (10) days and shall not be released from
such quarantine except by written permission of the Animal Control
Officer. Such quarantine may be on the premises of the owner, at the
shelter designated as the City Animal Shelter or at the owner's option
and expense, in a veterinary hospital of his/her choice. In the case
of stray animals, or in the case of animals whose ownership is not
known, such quarantine shall be at the shelter designated as the City
Animal Shelter, if any.
1.
The owner upon demand by the Animal Control Officer or a Police
Officer shall forthwith surrender any animal which has bitten a human,
or which is suspected as having been exposed to rabies, for supervised
quarantine, the expenses of which shall be borne by the owner. Said
animal may be reclaimed by the owner if it is adjudged free of rabies,
upon payment of fees set forth in this Section and upon compliance
of licensing provisions as so set forth.
2.
When rabies has been diagnosed in an animal under quarantine
or rabies suspected by a licensed veterinarian, and the animal dies
while under such observation, the Animal Control Officer shall immediately
send the head of such animal to the State Health Department for pathological
examination and shall notify the Health Officer of reports of human
contacts and the diagnosis.
3.
When one (1) or both reports indicate a positive diagnosis of
rabies, the Animal Control Officer shall recommend an area wide quarantine
by the Health Officer and no pet or animal shall be taken or shipped
from the City without written permission of the Animal Control Officer.
4.
During this quarantine period and as long afterward as he/she
decides it is necessary to prevent the spread of rabies, the Health
Officer shall require all dogs three (3) months of age and older be
vaccinated against rabies with a canine rabies vaccine approved by
the biologics control section of the U.S. Department of Agriculture.
The types of approved canine anti-rabies vaccine to be used and the
recognized duration of immunity for each shall be established by the
Health Officer. All vaccinated dogs shall be restricted (leashing
or confinement on enclosed premises) for thirty (30) days observation.
During the quarantine period, the Health Officer shall be empowered
to provide for a program of mass immunization.
5.
No dog which has been impounded by reason of its being a stray,
unclaimed by its owner, is allowed to be adopted by the animal shelter
during the period of rabies emergency quarantine, except by special
permission of the Health Officer and the Animal Control Officer.
6.
Dogs bitten by a known rabid animal shall be immediately destroyed
or if the owner is unwilling to destroy the exposed animal, strict
isolation of the animal in a kennel for six (6) months shall be enforced.
If the dog has been previously vaccinated, within the time limits
established by the Public Health Service based on the kind of vaccine
used, revaccination and restraint (leashing and confinement) for thirty
(30) days shall be carried out.
7.
In the event there are additional positive cases of rabies occurring
during the period of the quarantine, such period of quarantine may
be extended for an additional six (6) months.
8.
No person shall kill, or cause to be killed, any rabid animal,
any animal suspected of having been exposed to rabies or any animal
biting a human, except as herein provided, nor remove such animal
from the City limits without permission from the Animal Control Officer.
9.
The carcass of any dead animal exposed to rabies shall upon
demand be surrendered to the Animal Control Officer.
10.
The Animal Control Officer shall direct the disposition of any
animal found to be infected with rabies.
11.
No person shall fail or refuse to surrender any animal for quarantine
or destruction as required herein when demand is made therefor by
the Animal Control Officer or a Police Officer.
[R.O. 1994 § 215.340; Ord. No.
96-10 § 34, 2-1-1997]
A. Any person who shall own and keep, harbor or maintain upon his/her
premises more than four (4) dogs shall be deemed an operator of a
kennel. It shall be unlawful to operate a kennel within the corporate
limits of the City of Lake Ozark, Missouri, which violates the standards
of operation established in this Section or which violates any zoning
or regulations of the City.
B. Kennel premises where permitted shall be maintained in a clean and
sanitary condition at all times and sanitary methods shall be used
to obliterate or prevent any offensive odors.
C. The Animal Control Officer shall have the right to inspect such kennels
at all reasonable hours. Said Animal Control Officer shall inspect
each registered kennel operating within the corporate limits at least
once each calendar year to ensure compliance with the standards of
operation.
D. Any person who is deemed to be the operator of a kennel shall register
said kennel on a form provided by the City Clerk and issued by the
Animal Control Officer.
E. At the time of initial registration of each kennel and annually thereafter
the operator of the kennel shall pay an inspection fee of fifteen
dollars ($15.00) and shall have a valid business license issued by
the City of Lake Ozark.
[R.O. 1994 § 215.350; Ord. No.
96-10 § 35, 2-1-1997]
A. Any person violating any provision of this Chapter shall upon conviction
of any such violation shall, unless another specific penalty of specific
penalty range be provided by another Subsection of this Section, be
punished by a fine of not less than ten dollars ($10.00) nor more
than five hundred dollars ($500.00), or by imprisonment for a term
not to exceed ninety (90) days or by both such fine and imprisonment.
B. Any person violating any of the following Sections of this Chapter: Section
205.240: License Required For Dogs; Section
205.320: Wearing Of License Or Identification Tags Required; Sections
205.200 and
205.210, regarding animals running at large and unrestricted, shall, upon conviction or guilty plea and after examination of any prior conviction record to be determined if the person has previously been convicted of the same offense, be punished according to the following schedule of fines with reference to initial or subsequent violation of the particular Section:
1.
First offense: fifteen dollars ($15.00) to fifty dollars ($50.00).
2.
Second offense: fifty dollars ($50.00) to one hundred dollars
($100.00).
3.
Third and subsequent offenses: one hundred dollars ($100.00)
to five hundred dollars ($500.00).
C. Each day's violation of, or failure, refusal or neglect to comply
with, any provision of this Chapter shall constitute a separate and
distinct offense.