[Ord. No. 646 §I, 5-15-1989]
A.
Any
dog with the following characteristics shall be classified as dangerous:
1.
Any dog which has inflicted a severe or fatal injury on a human being
on public or on private property. "Severe injury" means any physical injury, resulting directly from a dog's bite,
which results in broken bones or lacerations requiring stitches or
in-patient hospitalization. The victim receiving severe injuries,
as defined above, must provide the Animal Control Officer with a signed
physician's statement documenting injury and treatment qualifying
such as a severe injury or sign an authorization for release of such
statement.
2.
Any dog which has killed a domestic animal, livestock or poultry
without provocation, while off of the owner's property.
3.
Any dog owned or harbored primarily or in part for the purpose of
dog fighting or any dog trained for dog fighting.
4.
Any dog which has bitten a human being, without provocation, on public
or private property other than the property of the owner.
5.
Any dog which, while on the owner's property, has bitten, without
provocation, a human being other than the owner or a member of the
owner's family who normally resides at the place where the dog is
kept.
6.
Any dog which, when unprovoked, chases or approaches a person upon
the streets, sidewalks or other public grounds or private property
other than that property of the owner, in a menacing fashion or apparent
attitudes of attack, regardless of whether or not a person is injured
by said dog.
7.
Any dog with a known propensity, tendency or disposition to attack
unprovoked, to cause injury or to otherwise threaten the safety of
human beings or domestic animals.
8.
Any pit bull dog, "pit bull dog" being defined to
mean:
a.
The bull terrier breed of dog;
b.
The Staffordshire bull terrier breed of dog;
c.
The American pit bull terrier breed of dog;
d.
The American Staffordshire terrier breed of dog;
e.
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
or;
f.
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.
B.
If the circumstances surrounding the classification as a dangerous dog under any of the definitions listed in Subsection (A) are in dispute, then the owner has the option of submitting, within five (5) working days, a written request to the Animal Control Officer for a hearing and determination thereon as hereinafter provided:
1.
A hearing board, consisting of the City Marshall, the Mayor of the
City and the President Pro Tem of the Board of Aldermen, shall be
convened within ten (10) working days after receipt of a bona fide
written request.
2.
Pending the outcome of such hearing, the dog must be confined in
such a manner so as not to be a threat to any person and the confinement
of said dog may be on the premises of the owner or with a licensed
veterinarian.
3.
The hearing board shall determine whether to declare the animal to
be a "dangerous dog" based upon evidence and testimony presented at
the time of the hearing by the owner in addition to witnesses, Animal
Control Personnel, Police or any other person possessing information
pertinent to such determination.
4.
The hearing board shall issue written findings within five (5) days
after the hearing. The owner or possessor of the animal found to be
dangerous shall be required to maintain the animal as hereinabove
provided in this Section.
C.
Exemptions
to dangerous dog classification:
1.
With the exception of Subsection (A)(1) above, no dog may be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises of the owner or keeper of the dog or was teasing, tormenting, abusing or assaulting the dog or was at the time in the act of committing or attempting to commit a crime, offense or infraction upon the premises occupied by the owner or keeper of the dog.
2.
With the exception of Subsection (A)(1) above, an Animal Control Officer may, because of extenuating circumstances, determine from the investigation of the incident that an animal is not dangerous. However, the owner, being responsible for said dog, may be warned of the animal's tendencies and to take appropriate action to prevent subsequent incidences. This, however, does not exempt the owner from being cited for other animal control ordinance violations.
3.
Dogs owned by governmental or law enforcement agencies when being
used in the services of those agencies are exempt.
D.
Actions
to be taken for dangerous dogs causing severe or fatal injuries:
1.
A dog responsible for an unprovoked severe or fatal attack shall
be humanely destroyed and the owner or possessor of such dangerous
dog shall provide to the injured person or his/her representatives
such portion or portions of the body of said dangerous dog as may
be necessary for the proper examination of same to determine whether
such dog is infected with rabies.
2.
A dog responsible for a provoked severe or fatal attack should be
maintained as a dangerous dog.
[Ord. No. 646 §II, 5-15-1989]
Dangerous dogs residing in the City of Hayti on the effective
date of this Chapter must be registered with the City Animal Control
Officer by the owners within ten (10) days of the effective date of
this Article, May 15, 1989.
[Ord. No. 646 §III, 5-15-1989]
A.
It
shall be unlawful to keep, harbor or in any way possess within the
corporate limits of the City of Hayti, Missouri, any dangerous dog
as hereinabove defined.
B.
The provisions of Subsection (A) next above are not applicable to owners, keepers or harborers of dangerous dogs registered with the City of Hayti on May 15, 1989, provided that said dangerous dogs residing within the City on May 15, 1989, may be kept within the City subject to the standards and requirements hereinafter set forth in Section 210.080, Owner's Responsibilities.
[Ord. No. 646 §IV, 5-15-1989]
A.
The
following acts, actions and precautions shall be required of owners,
possessors and harborers of dogs that have been declared dangerous
dogs:
1.
Leash and muzzle. No person shall permit a dangerous
dog as herein defined, registered or otherwise, to go outside its
kennel or pen unless such dog is securely leashed with a leash no
longer than four (4) feet in length; no person shall permit a dangerous
dog to be kept on a chain, rope or other type of leash outside of
its kennel or pen unless a person is in physical control of the leash;
such dogs may not be leashed to inanimate objects such as trees, posts,
buildings, etc.; in addition, all dangerous dogs on a leash outside
of the kennel must be muzzled by a muzzling device sufficient to prevent
such dangerous dog from biting persons or other animals.
2.
Confinement. All dangerous dogs, registered or otherwise,
shall be securely confined indoors or in a securely enclosed and locked
pen or kennel, except when leashed and muzzled as hereinabove provided;
such pen, kennel or structure must have secure sides and a secure
top attached to the sides; all structures used to confine dangerous
dogs, registered or otherwise, 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 dogs must comply
with all zoning and building regulations of the City; all such structures
must be adequately lighted and ventilated and kept in a clean and
sanitary condition.
3.
Confinement indoors. No dangerous dog, registered
or otherwise, may be kept on a porch, patio or in any part of a house
or structure that would allow the dog 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 dog from exiting the structure.
4.
Signs. All owners, keepers or harborers of dangerous
dogs, registered or otherwise, within the City shall within ten (10)
days of the effective date of this Article, May 15, 1989, 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 kennel or pen of such
animal.
5.
Insurance. All owners, keepers or harborers of dangerous
dogs, registered or otherwise, must within ten (10) days of the effective
date of this Article, May 15, 1989, provide proof to the City Clerk
of the City of Hayti, Missouri, of public liability insurance in a
single accident amount of fifty thousand dollars ($50,000.00) for
bodily injury to or death of any person or persons or for damage to
property owned by any person or persons which may result from the
ownership, keeping or maintenance 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 Clerk.
6.
Identification photographs. All owners, keepers
or harborers of dangerous dogs, registered or otherwise, must within
ten (10) days of the effective date of this Article, May 15, 1989,
provide to the City Clerk two (2) color photographs of the registered
animal clearly showing the color and approximate size of the animal.
7.
Reporting requirements. All owners, keepers or harborers
of dangerous dogs, registered or otherwise, must within ten (10) days
of the incident report the following information in writing to the
Hayti City Clerk as required hereafter:
8.
Sale or transfer of ownership prohibited. No person
shall sell, barter or in any other way dispose of a dangerous dog,
registered or otherwise, within the City to any person within the
City unless the recipient person resides permanently in the same household
and on the same premises as the registered owner of such dog; provided
that the registered owner of a dangerous dog may sell or otherwise
dispose of a dangerous dog or the offspring of such dog to persons
who do not reside within the City.
9.
Animal born of registered dogs. All offspring born
of dangerous dogs registered within the City must be removed from
the City within eight (8) weeks of the birth of such animal.
10.
Irrebuttable presumptions. There shall be an irrebuttable
presumption that any dog registered with the City as a dangerous dog
or any of those breeds prohibited by this Article is in fact a dog
subject to the requirements of this Section.
11.
Failure to comply. It shall be unlawful for the
owner, keeper or harborer of a dangerous dog, registered or otherwise,
to fail to comply with the requirements and conditions set forth in
this Article; any dog found to be the subject of a violation of this
Article shall be subject to immediate seizure and impoundment; additionally,
the failure to comply will result in the revocation of any license
of such animal resulting in the immediate removal from the City.
[Ord. No. 646 §V, 5-15-1989]
Any person violating or permitting the violation of any provision
of this Article shall, upon conviction, be deemed guilty of a misdemeanor
and fined a sum of not less than fifty dollars ($50.00) and not more
than five hundred dollars ($500.00) and in addition to the fine the
court may impose a term of imprisonment for a period not to exceed
ninety (90) days. Additionally, the court shall order the registration,
if any, of the subject dangerous dog revoked and the dog removed from
the City. Should the owner, keeper or harborer of such dangerous dog
refuse to remove same from the City, the Municipal Judge may find
the said owner, keeper or harborer in contempt of court and order
the immediate confiscation and impoundment of the animal. 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, including shelter, food, handling,
veterinary care and court costs necessitated by the enforcement of
this Article.
