[CC 1987 §255.010; Ord. No. 837 §1, 4-13-1976]
Every person who owns, controls, manages, possesses, in whole
or in part, or has part interest in any dog kept any time during the
year shall have such dog inoculated against rabies, but such inoculation
requirements shall not apply to dogs less than six (6) months of age.
Such dogs must be inoculated at least once each year unless a three
(3) year type vaccine, approved by the municipal physician, is administered,
in which case the dog shall be inoculated at least once every three
(3) years.
[CC 1987 §255.020; Ord. No. 837 §1, 4-13-1976; Ord. No. 78-9 §1, 4-25-1978]
A.
An
annual license fee of three dollars ($3.00) for sterilized dogs and
five dollars ($5.00) for intact dogs is hereby imposed for each dog
upon which a person of this City owns, controls, manages, possesses
or has part interest in any dog six (6) months of age or older kept
anytime during the year, or upon any person who permits a dog six
(6) months of age or older, to come upon or in, and to remain in or
about his/her home, place of business, or other premises in the City.
If application is made for the dog license between July first (1st)
and December thirty-first (31st), only one-half (½) the annual
fee shall be paid. An application for a dog license for any dog shall
be presented to the City Collector accompanied by a certificate of
inoculation against rabies signed by a licensed veterinarian, which
certificate shall have been executed sometime during the previous
thirty-six (36) month period if a three (3) year type vaccine approved
by the Director of Health was administered, or during the previous
twelve (12) month period for all other vaccines, and which certificate
shall bear thereon information as to the type vaccine used, sex of
the dog, and whether or not it has been sterilized. The City Collector
shall not issue a license unless this certificate shall be presented.
Application for a dog license shall be made, and the license obtained
on or before the first (1st) day of January each year, for the calendar
year period. The license fee shall be paid and collected for the full
year or any part thereof. There shall be no charge for any dog duly
and properly trained to assist blind persons for the purpose of aiding
or assisting such blind person in going from place to place, or for
a dog duly and properly trained to assist people with impaired hearing.
Any owner of a dog who suffers a loss of his/her dog license tag shall
report such loss promptly to the City Collector and exhibit the original
license, at which time he/she shall be issued a new license tag at
a cost of twenty-five cents ($.25).
B.
The
City Collector shall have prepared dog license plates made of metal
or other suitable material to be issued to applicants securing a license.
Such license plates shall be numbered and the numbers thereof shall
correspond to the number appearing on the license and on the application
for such license. Such license plate shall be securely fastened on
the collar or harness of the dog for which the license is issued,
and shall be worn at all times.
[CC 1987 §255.030; Ord. No. 656 §1, 7-8-1969; Ord.
No. 837 §1, 4-13-1976; Ord. No. 79-17 §1, 7-10-1979]
A.
It
shall be unlawful for any person to keep, maintain, or allow to remain
on any one lot, tract or piece of ground within the City, more than
two (2) cats or more than two (2) dogs, excluding, however, the young
of a litter under three (3) months of age, except where such animals
are kept in the conduct of a commercial enterprise or business at
locations where such business is permitted and duly licensed under
the "Northwoods License Ordinance".
B.
It
shall be unlawful for any person, owning, controlling, possessing
or having the management or care, in whole or in part, of any dog,
whether licensed or not, to fail to keep the dog on the premises of
the owner or keeper thereof, unless being off the premises it is securely
tied or led by a line or leash of a length of no more than six (6)
feet.
C.
All
female dogs shall be kept securely confined in an enclosed place while
in heat.
As used in this Chapter, the following terms shall have the
meanings set out herein:
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.
A facility which is used to house or contain animals and
which is owned, operated, or maintained by 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 raised on a farm or ranch and used or intended
for use in farm or ranch production, or as food or fiber.
To feed or shelter an animal at the same location for three
or more consecutive days.
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.
In addition to its ordinary meaning, any person who keeps
or harbors an animal or professes to be owning, keeping, or harboring
an animal.
Any individual, partnership, firm, joint stock company, corporation,
association, trust, estate, or other legal entity.
Birds, rabbits, or rodents which damage property or have
an adverse effect on the public health, but shall not include any
endangered species listed by the United States Department of the Interior
nor any endangered species listed in the Wildlife Code of Missouri.
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 this 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 or Sections 272.010.
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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[Ord. No. 88-12 §§1 —
5, 7, 7-12-1988; Ord.
No. 08-09 §1, 6-10-2008]
A.
ANIMAL
AT LARGE
COMPETENT PERSON
OWNER
RESTRAINT
VICIOUS PROPENSITIES
Definitions. When used in the text of this Section, the
following words and phrases shall have the meanings ascribed to them:
Any cat, dog, domesticated or undomesticated animal of any
type.
Any animal shall be deemed to be at large when it is off
the premises of its owner's real property and not restrained by a
competent person.
A human being that is capable of controlling and governing
the animal in question.
Includes any person who owns, harbors, shelters, keeps, controls,
manages, possesses or has part interest in any animal.
An animal, when off the owner's premises, is under restraint,
when on a leash.
An animal has vicious propensities if it has previously attacked
or bitten any person or domestic animal, or possesses a propensity
to attack or bite man or domestic animal, or cause annoyance to persons
using the public roads, streets and sidewalks, or chase, worry or
otherwise molest other animals, people, including children, or cause
damage or injury, which propensity is known or ought reasonably to
be known by the owner of the animal.
B.
No person or owner of any animal shall be permitted to own, possess or keep within the City limits of the City of Northwoods, any animal with vicious propensities, as defined in Subsection (A) of this Section.
C.
No person or owner shall be permitted to allow to run at large, any animal with vicious propensities, as defined in Subsection (A) of this Section.
D.
It shall be unlawful for any competent person to bring in, keep, shelter, or take for a walk on the public streets or sidewalks, any animal that has vicious propensities, as defined in Subsection (A) of this Section.
E.
The
municipal physician, or any other person designated by him/her, shall
have the power to catch, confine and otherwise impound any animal
with vicious propensities, and further, shall have the power to dispose
of said animal in a humane manner.
F.
Banning Of Certain Breeds Of Dogs. Pit bull breeds of dogs
and rottweiler breeds of dogs are banned entirely and may not be owned
or kept within the City of Northwoods. Banned breeds of pit bull dogs
and rottweiler dogs are any of the following:
1.
The bull terrier breed of dog;
2.
The Staffordshire bull terrier breed of dog;
3.
The American pit bull terrier breed of dog;
4.
Dogs of mixed breed or other breeds than above listed which breed
or mixed breed is known as pit bulls, pit bull dogs or pit bull terrier;
5.
Any dog which has the appearance and characteristics of being predominantly
of the breeds of bull terrier, Staffordshire bull terrier, American
pit bull terrier, American Staffordshire terrier, any other breed
commonly known as pit bulls, pit bull dogs or pit bull terriers or
a combination of any of these breeds; or
6.
Rottweiler breed, including dogs of mixed breed, and any dog which
has the appearance and characteristics of being predominantly of the
rottweiler breed.
G.
Amnesty. Any resident owning any of the above-referenced
breeds of dog shall have until July 14, 2008 to register said dog
with the City and obtain the appropriate license. Any such dog properly
registered as required by City ordinances will be allowed to remain
in the City until its death, so long as the owner of the dog complies
with this Subsection and all other ordinances of the City of Northwoods
pertaining to dogs.
H.
Amnesty Dog Owners' Responsibilities. The owners or keepers of any banned breed of dog who complies with Subsection (G) hereof may maintain such dog only subject to the following limitations, requirements and conditions:
1.
Loose, unconfined or missing animal. The owner or
keeper shall notify the Police Department immediately if a dog granted
amnesty is loose, unconfined or missing, has attacked another animal
or has attacked a human being.
2.
Reporting requirements. The owner or keeper of any
banned breed of dog shall notify the Public Works Department within
twenty-four (24) hours:
a.
Death or transfer of ownership. If the dog has died
or has been sold or given away or otherwise transferred in ownership
or possession. If the dog has been sold, given away or otherwise transferred
in ownership or possession, the owner or keeper shall provide the
Public Works Department with the name, address and telephone number
of the new owner or keeper.
b.
Birth. Of all offspring born of the dog within the
City. All such offspring must be removed from the City within two
(2) months of their birth.
c.
New address. Of the new address of the dog 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.
3.
Confinement.
a.
All dogs given amnesty must be securely confined indoors or in a
securely enclosed and 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 the dog is 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.
b.
The enclosure, when occupied by a dog, shall not be occupied by any
other animal. If the dog is a female with offspring under two (2)
months of age, the offspring may occupy the same enclosure as the
mother.
c.
All structures erected to house dogs given amnesty 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.
d.
No dog granted amnesty may be kept on a 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.
4.
Signs. The owner or keeper shall display a sign
on his premises stating "Beware of Dog — Pitt Bull" or "Beware
of Dog — Rottweiler". This sign shall be visible and capable
of being read from the street upon from which the property is located.
In addition, a similar sign is required to be posted on the kennel
or pen or fenced yard of such animal.
5.
Leash and muzzle. A dog granted amnesty 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.
6.
Insurance. The owner or keeper of a dog granted
amnesty shall present to the City Administrator proof that the owner
or keeper has procured liability insurance in a 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 animal covering the twelve (12) 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 Northwoods receive ten (10) days' written notice
by the insurance company prior to any cancellation, termination or
expiration of the policy.
7.
Photographs. All owners or keepers of a dog granted
amnesty must, within ten (10) days of such registration of said dog,
provide the City Administrator 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.
8.
Compliance, violations and penalties.
a.
It shall be unlawful for the owner or keeper of a dog granted amnesty
within the City of Northwoods to fail to comply with 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 Municipal Code, 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.
b.
Any person found guilty of violation any provision of this Section
shall be punished by a fine of up to one thousand dollars ($1,000.00)
and may be jailed for up to (90) days or both. In addition to any
penalty as provided above, the court shall order the registration
of the subject 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.
[CC 1987 §255.040; Ord. No. 837 §1, 4-13-1976]
A.
Any
person bitten by any animal or the parents or guardian of any minor
bitten by an animal shall report the occurrence to the municipal physician,
or to the Northwoods Police Department immediately.
[CC 1987 §255.050; Ord. No. 875 §2, 9-27-1977]
A.
The
municipal physician, or any other person designated by him/her, shall
have the power to catch, confine, and impound dogs and other animals
as follows:
1.
All dogs which are required to have licenses and which are without
their license displayed in the manner provided by this Chapter.
2.
All dogs wearing an expired or invalid license.
3.
All dogs running off the owner's premises and not securely led by
a leash.
4.
All female dogs, licensed or unlicensed, not securely confined in
an enclosed place while in heat.
5.
All dogs or other animals affected with rabies and all dogs and other
animals suspected of being exposed to or affected with rabies, including
dogs or other animals known to have been bitten by a rabid animal,
whether such dog or other animal is running at large or on a leash,
or whether said dog or other animal is confined to its owner's premises,
and whether it is licensed or unlicensed.
6.
All dogs with vicious propensities.
7.
Dogs or other animals which have bitten a person or animal, or which
have been bitten by a dog or animal suspected of having rabies, or
which have been exposed to rabies.
[CC 1987 §255.060; Ord. No. 837 §1, 4-13-1976]
The municipal physician, or person designated by him/her shall
dispose of any dog or other animal affected with rabies, and he/she
shall have the power to examine and impound any animal bitten by or
exposed to any animal affected with rabies. He/she shall have the
power to require the owners of such dogs to take necessary measures
to prevent further spread of rabies, and to dispose of any exposed
animal if such necessary measures are not taken by the owners.
Each impounded dog shall be vaccinated and licensed before being
released to the owner. A fee to cover the cost of vaccination, and
for the shelter services shall be collected for each such dog so released.
The municipal physician, or a person designated by him/her, shall
dispose of any dog found to be vicious under the terms of this Chapter,
and he/she shall have the power to impound any such dog. He/she shall
have the power to require the owner of said dog to take necessary
measures to dispose of any such dog having been found to have vicious
propensities, and he/she is properly authorized to dispose of such
dog if necessary measures are not taken by the owner.
Every animal impounded under the provisions of this Chapter,
which is found upon arrival at the pound to be diseased or injured,
and whose owner is unknown or whose owner relinquishes ownership in
writing, shall be immediately euthanized.
[CC 1987 §255.070; Ord. No. 837 §1, 4-13-1976]
Any dog or other animal which exhibits objective symptoms suggestive
of rabies may, after written certification to the owner by the municipal
physician, or such other person designated for the enforcement of
this Chapter, shall be impounded on or off the property of the owner.
Such animal shall be held for ten (10) days at the impounding facilities
designated by the municipal physician for clinical observation and,
if alive at the termination of this period, shall be returned to the
owner after payment of the shelter fees.
As an alternative procedure, the owner, at his/her own expense,
may designate any veterinary hospital wherein such animal is to be
impounded and observed for a similar ten (10) day period.
[CC 1987 §255.080; Ord. No. 837 §1, 4-13-1976]
Any dog or other animal captured or impounded under the provisions
of this Chapter and determined not to be affected with rabies by the
municipal physician may be redeemed by the owner or other person having
the right to possession of such animal, upon the presentation of a
proper vaccination certificate and a proper license, and such owner
or other person entitled to possession of said animal shall pay ten
dollars ($10.00) for the first (1st) time any such dog is impounded,
twenty-five dollars ($25.00) for the second (2nd) time such dog is
impounded and fifty dollars ($50.00) for each time thereafter such
dog is impounded. This schedule of fees is to apply to any one (1)
calendar year.
[CC 1987 §255.090; Ord. No. 837 §1, 4-13-1976]
If a dog or other animal is not claimed in the manner provided
by this Chapter within five (5) days after its capture, such animal
shall be disposed of by euthanasia or sale which shall be at the sole
discretion of the municipal physician.
[CC 1987 §255.100; Ord. No. 837 §1, 4-13-1976]
A.
Any
dog or other animal which has been exposed to rabies shall be immediately
destroyed unless the owner, at his/her expense, chooses one (1) of
the following alternative methods:
1.
Strict isolation in a kennel or animal hospital for six (6) months.
2.
If no previous current vaccination has been given to the dog or other
animal then such dog or other animal shall be placed on a schedule
of immunization approved by the municipal physician.
3.
Prior to the release of any animal under clinical observation for
rabies, all conditions of this Chapter shall be fulfilled.
[CC 1987 §255.110; Ord. No. 837 §1, 4-13-1976]
It shall be unlawful for any person to conceal an animal or
interfere with the municipal physician or persons designated by him/her
in the performance of their duties as provided in this Chapter. If
in pursuit of a dog or other animal, the municipal physician, or persons
designated by him/her, shall have the right of collecting any such
stray, unlicensed dog or other animal, rabid or exposed to rabies,
or any dog or other animal running at large. The municipal physician,
or his/her duly appointed representatives, shall have the right to
require that a dog believed to be a stray, unlicensed or rabid animal,
or having been exposed to rabies be produced on any property or premises
within any quarantine area during the period of quarantine for the
purpose of examining such dog suspected of having rabies or having
been exposed to rabies. If the person believed to be the owner, or
having control, possession or management or care, in whole or in part,
of any such dog or other animal shall refuse to produce such animal
within any quarantine area, then the municipal physician, or person
designated by him/her, shall have the right of entry on such premises.
[CC 1987 §255.120; Ord. No. 874 §1, 8-23-1977; Ord. No. 875 §1, 9-27-1977]
