The following words, when used in this Chapter, shall have the
meanings set out herein:
DOGS OR CATS
All animals of the canine or feline species, both male and
female.
OWNER OR KEEPER
Any person having a right of property in a dog or cat, or
who keeps or harbors a dog or cat, or who has it in his/her care or
acts as its custodian, or who knowingly permits a dog or cat to remain
on or about any premises owned or occupied by him/her.
RUNNING AT LARGE
Allowing a dog or cat to be off the private premises of the
owner or keeper, or his/her agent or servant, and not on a leash or
confined to the arms, motor vehicle, trailer or other conveyance of
the owner or keeper, his/her agent or servant.
SERIOUS PHYSICAL INJURY
Physical injury that creates a substantial risk of death
or that causes serious disfigurement or protracted loss or impairment
of the function of any part of the body.
TRESPASSER
A person upon the premises of the owner or keeper of the
dog in question without license or privilege to be upon said premises.
UNRESTRAINED DOG
Any dog running at large or a dog on the premises of its
owner or keeper but not confined to said premises by a leash, fence,
structure or other means that would prevent the dog from leaving such
premises.
VICIOUS DOG
Any of the following dogs:
1.
Any dog, whether or not running at large and whether or not
unrestrained, that without provocation has bitten any person not a
trespasser causing serious physical injury to that person.
2.
Any unrestrained dog, whether or not running at large, that
without provocation has attempted to bite any person not a trespasser
which would cause serious physical injury to that person.
3.
Any unrestrained dog, whether or not running at large, that
without provocation has placed any person not a trespasser in apprehension
of immediate serious physical injury.
4.
Any dog that has killed another dog, cat or other domestic animal
without provocation.
The owner or keeper of any dog or cat in the Village of Marlborough
is hereby required to have such animals vaccinated against rabies
by a licensed veterinarian and to procure a certificate of such vaccination
from the veterinarian, who shall issue a tag evidencing the registration
and certificate of vaccination, and the owner or keeper shall securely
attach the tag so issued to a collar to be worn continuously by the
animal for which the tag was issued. It shall be unlawful for the
owner or keeper of any dog or cat to permit such animal to remain
in the Village of Marlborough unless wearing the tag above provided
for herein.
It shall be unlawful for the owner or keeper of any dog or cat to permit the same to run at large within the Village of Marlborough at any time. Any dog or cat found without the tag provided in Section
205.020, and any dog or cat found running at large, shall be impounded.
The parent or guardian of a minor child is responsible for the
adequate care of any animal owned by, in the control of, or harbored
by that minor child.
It shall be the duty of the Chief of Police, the Village Police, and any other person of the Village of Marlborough, especially designated by the Board of Trustees and the Chairman for such purpose, to take up any dog or cat without the tag provided in Section
205.020, any dog or cat running at large, or any vicious dog in violation of Section
205.040 above and to impound the same. In effecting the capture of any dog or cat, the officers aforesaid are authorized and directed to use traps, nets, tranquilizer guns or any other humane method.
Every officer impounding a dog or cat under this Chapter shall,
within twenty-four (24) hours after such impounding, enter upon a
registry open to the public and in plain public view at the Village
Hall of the Village a description of such dog or cat, including breed,
color and approximate size, and the date apprehended, and if the owner
or keeper is known, the name and address of such owner or keeper;
or the owner or keeper shall be given actual notice of the impoundment
of such dog or cat before disposition of such dog or cat.
The owner or keeper of any dog or cat impounded under this Chapter
shall pay to the Chief of Police, Police Officer, or other official
especially designated to receive the same a sum sufficient to reimburse
the Village for its costs in impounding such dog or cat and keeping
it impounded.
It shall be the duty of any officer impounding any dog or cat under this Chapter to keep the same impounded for a period of seven (7) days, unless such dog or cat shall be reclaimed by his/her owner or keeper under Section
205.080 of this Chapter. If, after the expiration of seven (7) days from the date of such impoundment, such dog or cat shall not have been reclaimed, the same shall be disposed of or destroyed in a humane manner.
[Ord. No. 04-409 §§1 —
4, 11-8-2004]
A. Control Of Animals. It is unlawful for the owner of any
animal to cause, permit, or allow such animal to roam, run, stray,
or to be away from the premises of such owner unless the animal is
under tethered control.
B. Removing Fecal Matter. It is unlawful for the owner or handler
of any animal to fail to remove fecal matter deposited by their animal
on public property or public easement, or private property of another,
before the owner leaves the immediate area where the fecal matter
was deposited.
C. Possession Of Removal Equipment. It is unlawful for the
owner or handler of any animal to fail to have in their possession
the equipment necessary to remove their animal's fecal matter when
accompanied by said animal on public property or public easement,
or private property of another.
D. Violation — Penalty. Any person violating this Section
is guilty of a misdemeanor, and upon conviction shall be punished:
1. By a fine not less than twenty dollars ($20.00) or more than fifty
dollars ($50.00) for the first (1st) offense;
2. For the second (2nd) and subsequent offenses occurring within one
(1) year, a fine of not less than thirty dollars ($30.00) or more
than one hundred dollars ($100.00).
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The minimum fines provided for by this Section are mandatory
minimums, and shall not be either suspended or deferred except in
cases in which the court determines that the defendant is indigent
and unable to pay any fine.
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Whenever rabies becomes prevalent in the Village, the Chairman
shall, according to the necessity of the case, issue a quarantine
order requiring every owner or person in charge of any dog or dogs
within the limits of the Village to either kill or impound his/her
dog or dogs or to have such dog or dogs immunized. Said order shall
be published once in the paper officially publishing the business
of the Village and, in the absence of such paper, shall be posted
as in case of sales of personal property. The Chairman is authorized
by proclamation to terminate any such quarantine whenever, in his/her
judgment, the necessity for it no longer exists.
[Ord. No. 197 §§1 —
2, 8-5-1963]
A. It
shall be unlawful for any person or persons to keep, retain, maintain
or provide shelter for any domestic animal of the dog or any other
animal of the species canine in a number greater than three (3) between
the hours of sunset and sunrise of the following day on any premises
situated in the Village of Marlborough, St. Louis County, Missouri.
B. Nothing
herein shall prevent the retention of litters or pups of any of the
foregoing species and sub-species for a period of one hundred twenty
(120) days after the nativity of said litter or pups as long as the
mother of said pups is retained with said pups.