[Ord. No. 92-31 Art. III § 1, 2-9-1993; Ord. No. 2005-28 § 1, 8-9-2005; Ord.
No. 2006-48 § 1, 1-9-2007]
A. Classification. The Animal Control Officer or his
designated representative shall classify any animal with the following
characteristics as a
"dangerous animal" for purposes of this Section and Section
5-31 of this Code:
1. Any animal which has inflicted a severe or fatal injury on a human
on public or private property. "Severe injury" means
any physical injury resulting directly from an animal's bite,
which results in broken bones or lacerations or hospitalization. The
victim receiving severe injuries, as defined above, must provide the
Police Chief with a signed physician's statement documenting
the injury and the treatment qualifying such as a severe injury or
sign an authorization for the release of such statement.
2. Any animal which has attacked or bitten a human being or domestic
animal, without provocation, on public or private property other than
the property of the owner.
3. Any animal which, while on the owner's property, has attacked
or 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 animal is kept or domestic animal.
4. Any animal which, while off the owner's property, has killed
a domestic animal, livestock or poultry without provocation.
5. Any animal owned or harbored primarily or in part for the purpose
of fighting or any animal trained for fighting.
6. Any animal which, when unprovoked, chases or approaches a person
upon the streets, sidewalks or any public grounds or private property
other than that property of the owner in a menacing fashion or apparent
attitude of attack, regardless of whether or not a person is injured
by said animal.
7. Any animal 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.
B. Notice. Within five (5) working days after classifying
an animal as a "dangerous animal", the Animal Control Officer or his
designated representative shall notify the animal's owner of
such classification, in writing. The notice shall identify the requirements
and conditions for maintaining a dangerous animal as set forth in
this Section. If the owner cannot be located, the animal may be immediately
impounded and notice shall be posted at the owner's last known
address.
C. Appeal And Hearing. If the circumstances surrounding
the classification as a dangerous animal under any of the definitions
listed in Subsection (A) of this Section are in dispute or if the
animal owner contests the classification, then the owner has the option
of submitting, within five (5) working days of notice of said classification,
a written request to the Animal Control Officer for a hearing to contest
the "dangerous animal" classification.
1. The City Administrator shall, within ten (10) working days after
receipt of a bona fide written request, designate a hearing officer
to conduct the hearing and render a decision.
2. Pending the outcome of such a hearing, the animal must be confined
in such a manner so as not to be a threat to any person. The confinement
may be on the owner's premises or with a licensed veterinarian.
3. The hearing officer shall determine whether to declare the animal
to be a "dangerous animal" based upon evidence and testimony presented
at the time of the hearing, in addition to witnesses, animal control
personnel, Police or any other person possessing information pertinent
to such determination. The hearing shall be informal and strict rules
of evidence shall not apply. The owner may be represented by counsel,
present oral and written evidence and cross-examine witnesses.
4. The hearing officer shall issue a decision after the close of the
hearing and notify the owner in writing of the decision. The owner
or possessor of the animal found to be a "dangerous animal" shall
be required to maintain the animal as herein provided in this Code.
5. Any person aggrieved by the determination of the hearing officer
may appeal the decision to the Circuit Court of Lafayette County pursuant
to the provisions of Chapter 536, RSMo.; provided however, that any
appeal must be filed with the Circuit Court within five (5) days of
the date of the hearing officer's decision.
D. Exemptions To Dangerous Animal Classification.
1. No animal may be declared a "dangerous animal" 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 occupied by the
owner or keeper of the animal or was teasing, tormenting, abusing
or assaulting the animal or has, in the past, been observed or reported
to have teased, tormented, abused or assaulted the animal or was committing
or attempting to commit a crime.
2. The Animal Control Officer may, because of extenuating circumstances,
determine from the investigation of an incident that an animal is
not dangerous. However, the owner, being responsible for said animal,
shall be warned of the animal's tendencies and shall take appropriate
action to prevent subsequent incidences. This, however, does not exempt
the owner from being cited for other animal control ordinance violations.
3. Animals owned by governmental or law enforcement agencies when being
used in the services of those agencies are exempt.
4. Actions to be taken for dangerous animals causing severe or fatal
injuries.
a. An animal responsible for an unprovoked severe or fatal attack shall
be humanely destroyed.
b. An animal responsible for a provoked severe or fatal attack should
be maintained as a dangerous animal pursuant to this Section of the
Code.
E. Dangerous Animals — Owner's Responsibilities. From and after January 9, 2007, owners or keepers of an animal that
has been declared a dangerous animal may maintain the dangerous animal
only subject to the following limitations, requirements and conditions:
1. Registration. Within ten (10) days of January 9,
2007, or the acquisition of a dangerous animal, every owner or keeper
of a dangerous animal in the City shall register said animal with
the Animal Control Officer of the City on the "dangerous animal" registry.
Failure to so register shall constitute a violation of this Section.
Notice of this requirement shall be given by posting a copy of this
Section in City Hall.
2. Rabies quarantine impoundment. Any dangerous animal
which bites or scratches a human, or any animal which is determined
to be dangerous because of such biting or scratching of a human, shall
be impounded for a ten (10) day rabies quarantine in accordance with
the provisions of this Section of the Code.
3. Collar. Any dangerous animal shall wear at all times
a bright orange collar with a large brightly colored metal tag attached
to the collar so the animal can readily be identified as a dangerous
animal. Any dangerous animal shall also be required to have attached
the City dog tag, the rabies tag and the microchip tag.
4. Loose, unconfined or missing dangerous animal. The
owner or keeper shall notify the Police Department immediately if
a dangerous animal is loose, unconfined or missing, has attacked another
animal or has attacked a human being.
5. Reporting requirements. The owner or keeper shall
notify the Animal Control Officer within twenty-four (24) hours:
a. Death or transfer of ownership. If a dangerous animal
has died or has been sold or given away or otherwise transferred in
ownership or possession. If the animal has been sold, given away or
otherwise transferred in ownership or possession, the owner or keeper
shall provide the Animal Control Officer with the name, address and
telephone number of the new owner or keeper and, if the animal is
kept within the City limits of Lexington, the new owner or keeper
must comply with the requirements of this Chapter.
b. Birth. All offspring born of dangerous animals within
the City must be removed from the City within two (2) months of their
birth.
c. New address. If the owner or keeper of a dangerous
animal moves from one address within the corporate City limits to
another address within the corporate City limits.
6. Confinement.
a. All dangerous animals 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 dangerous animals are 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 dangerous animal, shall not be
occupied by any other animal. If the dangerous animal is a female
with offspring under three (3) months of age, the offspring may occupy
the same enclosure as the mother.
c. All structures erected to house dangerous animals 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 dangerous animal 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.
e. No dangerous animal shall be kept within five hundred (500) feet
of school property.
7. Signs. The owner or keeper shall display a sign
on his premises that there is a dangerous animal on the property and
which bears a symbol warning children of the presence of a dangerous
animal. This sign shall be visible and capable of being read from
the public highway or thoroughfare from which the property is entered.
In addition, a similar sign is required to be posted on the kennel
or pen or fenced yard of such animal.
8. Leash and muzzle. A dangerous animal may be off
the owner's premises if it is muzzled and restrained by a substantial
chain or leash not exceeding four (4) 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.
9. Insurance. The owner or keeper of a dangerous animal
shall present to the Animal Control Officer 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. The owner or keeper must maintain
an effective insurance policy with the coverage and in the amounts
specified herein at all times. This policy shall contain a provision
requiring the City of Lexington receive ten (10) days' written
notice by the insurance company prior to any cancellation, termination
or expiration of the policy.
10. Photographs. All owners or keepers of dangerous
animals must, within ten (10) days of such classification, provide
the Animal Control Officer with three (3) color photographs (one (1)
showing the left profile, one (1) showing the right profile and one
(1) showing the direct face) of the animal, clearly showing the color,
distinguishing markings and approximate size of the animal.
11. Microchip. All dangerous animals shall be required
to show proof of microchip implant from a licensed veterinarian.
12. Compliance, violations and penalties.
a. It shall be unlawful for the owner or keeper of a dangerous animal
within the City of Lexington 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 violating any provision of this Section shall be punished as provided in Section
5-69 of this Chapter. In addition to any penalty as provided above, the court shall order the registration of the subject dangerous animal revoked and the animal revoked 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.
F. Guard Animal.
1. No person shall own, keep, harbor, maintain or allow to be upon any
premises occupied by him or under his charge or control any guard
animal without such animal being confined behind a fence from which
it cannot escape. No guard animal may be kept in any part of 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. Guard animals must not be used or maintained in a manner
which, as determined by the Animal Control Officer, endangers individuals
on or off the premises guarded.
2. Any guard animal, including law enforcement dogs, used in the City
by virtue of such use is hereby declared to be subject to the license
and rabies vaccination requirements of this Chapter.
3. All guard animals residing in or used as such in the City of Lexington
must be registered annually with the Animal Control Officer.
[Ord. No. 2000-03 § 2, 4-11-2000; Ord. No. 2005-28 § 2, 8-9-2005; Ord.
No. 2006-48 § 2, 1-9-2007]
Leash. No person shall permit a dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length with a minimum tensile strength of three hundred (300) pounds. No person shall permit a dangerous, vicious or ferocious animal to go outside of its kennel or pen unless in compliance with Section
5-31 of this Code.