[R.O. 1991 § 210.210; Ord. No. 978 § I, 2-12-2002; Ord.
No. 07-1069 §§ I – II, 7-10-2007]
A. These breeds of dogs are declared as dangerous animals, and owners or individuals housing a dog or dogs of the breeds described below are required to comply with all provisions of Section
210.240:
Staffordshire Terrier
Rottweiller
Akita
Chow
Wolf or Wolf Hybrids
Pit Bull
Any dog that is a mix with any of
the above breeds.
B. A "dangerous animal" is any animal that
has been declared such by the City Administrator, or his/her designee.
This declaration may be the result of the animal showing a propensity
for or characteristics of being vicious by:
[Ord. No. 21-1215 § II, 10-12-2021]
1.
Biting or injuring any person, domestic
animal or pet;
2.
Habitually snapping at, growling
or otherwise manifesting a disposition to bite, attack or injure any
person or domestic animal or pet;
3.
Causing any person to have a reasonable
fear of physical injury.
[Ord. No. 21-1215 § II, 10-12-2021]
The owner of any dangerous animal that has been so declared such by the City Administrator, or his/her designee, pursuant to Section
210.220, may appeal this finding by appearing before the Board of Aldermen of the City of Vandalia, Missouri, at the next regularly scheduled meeting of the Board of Aldermen after such finding by the City Administrator or his/ her designee. The notice of such appeal shall be made within three (3) days of the finding and notification to the owner of such finding. Such appeal shall be made to the City Clerk of the City of Vandalia, Missouri, in writing, within the time period prescribed herein. If such notice is not made within the time period and not made in writing, it shall not be considered a valid appeal.
[Ord. No. 21-1215 § II, 10-12-2021]
A. Dangerous animals residing in the City
of Vandalia, Missouri, may be kept by their owners within the City
of Vandalia, subject to the following standards:
1.
Registration.
a.
After the animal has been declared dangerous, it must immediately be registered by the owner as a dangerous animal at City Hall. Registration would consist of providing proof of annual City animal registration tag, and certification or rabies vaccine (which are required by Vandalia City Code Section
210.040), and two (2) color photographs [two (2) different poses of the animal clearly showing the color and approximate size of the animal].
b.
In addition, the owner must maintain
public liability insurance in a single incident amount of one hundred
thousand dollars ($100,000.00) for bodily injury to or death of any
person or persons and for damage to property owned by any person or
persons which may result from the ownership, keeping or maintaining
of such animal. Such insurance policy shall provide that no cancellation
of the policy will be made unless ten (10) days' written notice is
first given to the City Administrator or his/her designee.
c.
This Section does not apply to animals
registered before January 1, 2015.
2.
Muzzles, Leashes. No person shall
permit a dangerous animal to go outside its enclosure or pen unless
securely leashed with a leash no longer than four (4) feet in length.
No person shall permit a dangerous animal to be kept on a chain, rope
or other type of leash outside its enclosure or pen unless a person
is in physical control of the leash. Such animals may not be leashed
to inanimate objects such as trees, posts, buildings, etc. In addition,
all dangerous animals on a leash outside of its enclosure or pen must
be muzzled by a muzzling device sufficient to prevent such animal
from biting people or other animals.
3.
Confinement. All dangerous animals
shall be securely confined indoors or in a securely enclosed and locked
pen or enclosure, except when leashed and muzzled as above described.
Such pen, enclosure or structure must have secure sides and a secure
top attached to the sides. All structures used to confine dangerous
animals must be locked with a key or combination lock when such animals
are within the structure. Such structure must have a secure bottom
or floor attached to the sides of the pen or the sides of the pen
must be embedded in the ground no less than two (2) feet. All structures
erected to house dangerous animals must comply with all zoning and
building regulations of the City of Vandalia. Kennels or pens which
are not considered to be structures by the Zoning Code must be at
least five (5) feet from owner's property line and may not be placed
in any front yard. All such structures must be adequately lighted
and ventilated and kept in a clean and sanitary condition. No dangerous
animal may be kept on a porch, patio or in any part of a house 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. All owners and keepers of
dangerous animals, or anyone harboring dangerous animals within the
City shall, within ten (10) days of the effective date of the 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 enclosure or pen of such animal.
5.
Failure To Comply. It shall be unlawful
for the owner or keeper of any dangerous animal or anyone harboring
a dangerous animal within the City of Vandalia to fail to comply with
all the requirements and conditions set forth in this Section. Any
dangerous animal found to be the subject of any violation of this
Section, either on public or private property, shall be subject to
immediate seizure, impoundment and its registration revoked. The owner
shall pay all applicable impoundment fees and remove the animal from
the City. If the owner fails to claim the animal, said animal shall
be destroyed after seven (7) days. If the animal cannot be safely
seized, it shall be destroyed. An animal previously removed or ordered
removed from the City which is found within the City limits shall
be seized and subsequently destroyed.
6.
Violations And Penalties. Any person
violating or permitting the violation of any provision of this Section
shall, upon conviction in Municipal Court, be fined a sum of not less
than two hundred dollars ($200.00) and not more than five hundred
dollars ($500.00). In addition to the fine imposed, the court may
sentence the defendant to imprisonment for a period not to exceed
thirty (30) days. Each day that a violation of this Article continues
shall be deemed a separate offense. In addition to the foregoing penalties,
any person who violates this Article shall pay all expenses that were
incurred as a result of the failure to comply with these requirements.
7.
Protect Persons, Property From Harm.
In the event that a dangerous animal is found at large or the owner
refuses to comply with all provisions of this Article and the animal
is acting in a threatening manner, the City of Vandalia reserves the
right to destroy the animal without prior notification to the owner.
In no event will the City be under duty to attempt the confinement
or capture of said animal and may, within the City limits, go onto
any property necessary to protect from harm any person or property
from said animal.