[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]
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).
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]
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".
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.
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:
- ADEQUATE CARE
- 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.
- ADEQUATE CONTROL
- 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.
- ANIMAL SHELTER
- 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.
- FARM ANIMAL
- 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.
- HUMANE KILLING
- 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.
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.
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:
The care and maintenance of neglected animals within the person's custody or ownership;
The disposal of any dead or diseased animals within the person's custody or ownership;
The reduction of resulting organic debris affecting the immediate area of the neglect; and
The avoidance or minimization of any public health risks created by the neglect of the animals.
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.
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 person commits the offense of animal abuse if he or she:
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.;
Purposely or intentionally causes injury or suffering to an animal; or
Having ownership or custody of an animal knowingly fails to provide adequate care which results in substantial harm to the animal.
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]
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.
- AT LARGE
- 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.
- 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.
- VICIOUS PROPENSITIES
- 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.
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.
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.
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.
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.
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:
The bull terrier breed of dog;
The Staffordshire bull terrier breed of dog;
The American pit bull terrier breed of dog;
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;
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
Rottweiler breed, including dogs of mixed breed, and any dog which has the appearance and characteristics of being predominantly of the rottweiler breed.
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.
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:
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.
Reporting requirements. The owner or keeper of any banned breed of dog shall notify the Public Works Department within twenty-four (24) hours:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Compliance, violations and penalties.
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.
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]
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]
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:
All dogs which are required to have licenses and which are without their license displayed in the manner provided by this Chapter.
All dogs wearing an expired or invalid license.
All dogs running off the owner's premises and not securely led by a leash.
All female dogs, licensed or unlicensed, not securely confined in an enclosed place while in heat.
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.
All dogs with vicious propensities.
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]
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:
Strict isolation in a kennel or animal hospital for six (6) months.
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.
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]