Editor's Note — Ord. no. 071905, adopted July 19, 2005,
superseded ch. 205 and enacted the new provisions set out herein.
Former ch. 205 derived from ord. no. 43 §§1 — 10,
no date; ord. no. 271A §§3(B), 11, 11-19-1979; ord. no.
60782 §5(B), 6-7-1982; ord. no. 60484 §§1 — 10,
6-4-1984; ord. no. 30287A §5, 3-2-1987; ord. no. 110298A §§1
— 2, 11-2-1998; ord. no. 050701 §§1 — 8, 5-7-2001;
ord. no. 070604A §1, 7-6-2004.
Editor's Note — Ord. no. 050107A, adopted May 1, 2007,
repealed ch. 205 and enacted new provisions set out herein. Former
ch. 205 derived from ord. no. 071905, 7-19-2005.
[Ord. No. 050107A, 5-1-2007]
A.
The
purpose of this Chapter is to promote harmonious relationships in
the interaction between man and animal:
1.
Protecting animals from improper use, abuse, neglect, exploitation,
inhumane treatment and heath hazards.
2.
Delineating the animal owner's or harborer's responsibility for the
acts and behavior of his/her animal at all times.
3.
Providing security to residents from annoyance, intimidation, injury
and health hazards by animals.
[Ord. No. 050107A, 5-1-2007]
The provisions of this Chapter shall be enforced by the Department
of Police and the Animal Control Officer.
[Ord. No. 050107A, 5-1-2007; Ord. No. 021511D §1, 2-15-2011]
As used in this Chapter, the following terms shall have these
prescribed meanings:
To cease to provide control over and shelter, food and water
for an animal without having provided that care, custody and physical
control of such animal has been transferred to another person.
Normal and prudent attention to the needs of an animal, including
wholesome food, clean, unfrozen water, shelter, shade and health care
as necessary to maintain good health in a specific species of animal.
To reasonably restrain an animal so that the animal does
not injure itself, any person, any other animal or property and cannot
wander off.
Every living creature except human beings, domestic or wild.
An agent designed by the City of Peculiar to enforce this
Chapter.
Any nuisance arising out of the keeping, maintaining or owning
of, or failure to exercise sufficient control of, an animal. Animal
nuisance shall include, but not be limited to, the following:
Runs uncontrolled;
Molests or disturbs persons or vehicles by chasing, barking
or biting;
Attacks other animals;
Damages property other than that of the owner or harborer;
Barks, whines, howls, brays, cries or makes other noise excessively
so as to cause unreasonable annoyance, disturbance or discomfort to
an individual who is a neighbor and who does in writing state he will
so testify if called upon to testify about such manner under oath;
Creates noxious or offensive odors;
Defecates upon public place or upon premise not owned or controlled
by the owner or harborer unless promptly removed by the animal owner
or harborer;
Is in heat and not properly confined as provided in Section 205.085;
Threatens or causes a condition which endangers public health;
Impedes refuse collection by ripping any bag or tipping any
container of such.
Any facility operated by a humane society or municipal agency,
veterinarian or its authorized agents for the purpose of impounding
or caring for animals held under the authority of this Chapter or
State law.
Any facility operated by the City or humane society for the
temporary care, confinement and detention of animals and for the humane
killing and other disposition of animals. The term shall also include
any private facility authorized by the City to impound, confine, detain,
care for or destroy any animal.
The duly appointed City Administrator or such person designated
by the City Administrator.
Every act, omission or neglect whereby unjustifiable physical
pain, suffering, torment, trauma, distress, injury or death results
to an animal.
Any animal that attacks, bites or physically injures human
beings, domestic animals or livestock without adequate provocation
or which, because of temperament or training, has a known propensity
to attack, bite, confront, chase, menace or physically injure human
beings, domestic animals or livestock without provocation. Any wild
animal or any animal that without provocation has bitten or attacked
a human being or other animal shall be prima facie presumed vicious
or dangerous. Any wild animal that is of such natural disposition
or character as to constitute a danger to human life or property if
it is not kept or maintained in a safe manner or in secure quarters.
Any animal that has acted in a manner that causes or should cause
its owner to know that it is potentially dangerous. The term "dangerous animal" shall also include vicious or dangerous
dogs as defined under this Section but excludes any large carnivores
as defined below and by Section 576.600.6, RSMo.
An escape-proof structure of at least six (6) feet in height,
forming or causing an enclosure suitable to prevent entry of young
children and suitable to confine a dangerous or vicious dog in conjunction
with other measures which may be taken by the owner or harborer. Such
enclosure shall have secured sides and secured top, a concrete floor,
shall be securely enclosed and locked and designed to prevent the
animal from escaping from the enclosure. If such enclosure has no
floor secured to the sides, the sides must be embedded into the ground
no less than two (2) feet deep.
Any live monkey, alligator, crocodile, cayman, raccoon, skunk,
fox, bear, sea mammal, poisonous snake, member of the feline species
other than domestic cat (felis domesticus), member of the canine species
other than domestic dog (canis familiaris) or any other animal that
would require a standard of care and control greater than that required
for customary household pets sold by commercial pet shops or domestic
farm animals. The term "exotic animal" excludes any
large carnivores as defined below and by Section 576.600.6, RSMo.
A dog trained to attack on command or to protect persons
or property and who will cease to attack upon command.
To knowingly feed or shelter an animal not owned by you for
three (3) consecutive days.
The taking into custody of an animal by any Police Officer,
Animal Control Officer or any authorized representative thereof.
Any premises wherein any person engages in the business of
boarding, breeding, buying, letting for hire, training for a fee or
selling dogs, cats or other animals.
A large carnivore is defined as either of the following:
Any of the following large cats of the Felidae family that are
non-native to this State held in captivity: tiger, lion, jaguar, leopard,
snow leopard, clouded leopard, and cheetah, including a hybrid cross
with such cat, but excluding any unlisted non-native cat, or any common
domestic or house cat; or
A bear of a species that is non-native to this State and held
in captivity.
Horses, sheep, cattle and other bovine, goats, venison, swine,
fowl or poultry (including, but not limited to, ducks, pheasant, quail,
geese, pigeons, turkeys or chickens) and other animals normally kept
in an agricultural setting.
A device constructed of strong, soft material or of metal
designed to fasten over the mouth of an animal to prevent the animal
from biting any person or other animal.
Within this Chapter shall be defined as an individual residing
in a residence structure which is within one thousand (1,000) yards
of the property on which the animal is kept or harbored.
Any person owning, keeping or harboring an animal or who
shall allow any animal to habitually remain or to be lodged or fed
within the house, store, yard, enclosure or any place owned or leased
by said person.
Any animal that unreasonably annoys humans, endangers the
life or health of persons or other animals or substantially interferes
with the rights of citizens, other than their owners, to an enjoyment
of life or property. The term "public nuisance animal" shall include, but not be limited to:
Any animal that is repeatedly found running at large;
Any dog or cat in any section of a park or public recreation
area unless the dog or cat is controlled by a leash or similar physical
restraint;
Any animal that damages, soils, defiles or defecates on any
property other than that of its owner;
Any animal that makes disturbing noises including, but not limited
to, continued and repeated howling, barking, whining or other utterances
causing unreasonable annoyance, disturbance or discomfort to neighbors
or others in close proximity to the premises where the animal is kept
or harbored;
Any animal that causes fouling of the air by noxious or offensive
odors and thereby creates unreasonable annoyance or discomfort to
neighbors or others in close proximity to the premises where the animal
is kept or harbored;
Any animal in heat that is not confined so as to prevent attraction
or contact with other animals;
Any animal, whether or not on the property of its owner, that
without provocation molests, attacks or otherwise interferes with
the freedom of movement of persons in a public right-of-way;
Any animal that chases motor vehicles in a public right-of-way;
Any animal that attacks domestic animals;
Any animal that causes unsanitary conditions in enclosures or
surroundings where the animal is kept or harbored;
Any animal that is offensive or dangerous to the public health,
safety or welfare by virtue of the number of animals maintained at
a single residence or the inadequacy of the facilities.
Shall be by fence, leash or other physical means that effectively
restrains the animal from leaving the premises of the owners.
A condition of good order and cleanliness to minimize the
possibility of disease transmission.
An animal certified by a licensed veterinarian to have been
sterilized for the purpose of not reproducing.
An animal is secured by a leash, led under the control of
a person physically capable of restraining the animal and obedient
to that person's commands or securely enclosed within the real property
limits of the owner's premises.
A person licensed by the Board of Veterinary Medicine to
practice veterinary medicine.
Any dog that presents a risk of serious physical harm or
death to human beings, other domestic animals or property if not kept
under the direct control of the owner. This definition shall not apply
to dogs utilized by Law Enforcement Officers in the performance of
their duties. The term "vicious" or "dangerous
dog" includes any dog that according to the records of the
City of Peculiar or any law enforcement agency:
Has aggressively bitten, attacked, endangered or inflicted severe
injury on a human being on public or private property or, when unprovoked,
has chased or approached a person upon the street, sidewalks or any
public or private grounds in a menacing fashion or apparent attitude
of attack, provided that such actions are attested to in a sworn statement
by one (1) or more persons and dutifully investigated by any of the
above-referenced authorities;
Has more than once severely injured or killed a domestic animal
while off the owner's property; or has been used primarily or in part
for the purpose of dog fighting or is a dog trained for dog fighting.
Any animal, fowl or reptile not normally considered being
domestic. The term "exotic animal" excludes any large carnivores as
defined above and by Section 576.600.6, RSMo.
[Ord. No. 050107A, 5-1-2007]
A.
Vaccination and License Required.
1.
No person shall own, keep, harbor or have custody of any cat or dog
over six (6) months of age within this municipality unless same has
been currently vaccinated for rabies by a licensed veterinarian and
has been properly licensed by the City. A license tag must be secured
on the collar or harness. The license period shall begin on January
first (1st) and end on December thirty-first (31st) each year. There
shall be a late fee for any license purchased after January thirty-first
(31st).
2.
Exemptions to late fee. Proof of new residency (sixty
(60) days or less) into the City or the animal was under six (6) months
old on January thirty-first (31st) proof that the animal was newly
acquired (within ten (10) days).
B.
Application and Fees. Written application for license shall
be made to City and shall state the name, address and telephone number
of the owner and the name, breed, color, sex and distinguishing marks
of the animal. License fee shall be paid and proof of a current vaccination
for rabies and, if applicable, sterilization by a licensed veterinarian
shall be submitted at the time of making the application. The fees
shall be as follows:
|
|
Sterilized animal
|
$5.00
|
|
|
Unsterilized animal
|
$10.00
|
|
|
Late fee after January 31
|
$5.00
|
|
|
Lost tag or transfer tag fee
|
$1.00
|
C.
License Certificate and Issuance of Tag. Upon acceptance
of license application and fee, the City shall issue a durable tag
stamped with an identifying number and the year of issuance. A license
certificate shall be issued and a copy kept for records. The certificate
shall contain the number of the license, date of issuance, name, address
and telephone numbers (work and home) of the owner, a description
of the licensed animal and the date of the last rabies vaccination
and the name of the veterinarian providing it.
D.
Lost or Transfer of Tag. If the tag is lost or ownership
of animal is transferred, a replacement tag may be purchased for the
payment of one dollar ($1.00).
E.
Records. The City shall maintain a record of the identifying
numbers of all tags and licenses issued for a period to comply with
State record retention laws. The record shall be made available to
the public.
F.
No
person shall make, sell, purchase, possess, place or allow to be placed
on any dog or cat any metallic tag of the same form, shape or appearance
as the official metallic license tag.
[Ord. No. 050107A, 5-1-2007]
Every person who is the owner of or has the care, custody or
control of any domestic animal or fowl has an absolute duty to keep
the same under restraint at all times.
[Ord. No. 050107A, 5-1-2007; Ord. No. 110210 §§1
— 2, 11-2-2010]
A.
An
Animal Control Officer or a Police Officer may seize, impound or humanely
confine any of the following animals in an approved facility for housing
designated for impoundment for a period of no less than five (5) days:
1.
Any animal without a valid license tag;
2.
Any animal at large;
3.
Any animal constituting a public nuisance or considered a danger
to the public;
4.
Any animal that is in violation of any quarantine or confinement
order from the City of Peculiar, Cass County Missouri or the state
of Missouri;
5.
Any unattended animal that is ill, injured or otherwise in need of
care;
6.
Any animal that is reasonably believed to have been abused or neglected;
7.
Any animal that is reasonably suspected of having rabies;
8.
Any animal that is charged with being potentially dangerous or dangerous
for an Animal Control Officer or if the City Administrator determines
that there is a threat to public health and safety;
9.
Any animal that a court of competent jurisdiction is ordered impounded
or destroyed;
10.
Any animal that is considered unattended or abandoned, as in situations
where the owner is deceased, has been under arrest or evicted from
his regular place of residence.
B.
If
the animal's owner can be identified and located by any reasonable
means, the owner shall be notified within twenty-four (24) hours that
the animal has been impounded. Said owner may reclaim his animal under
the following conditions:
1.
Prior to pickup of an impounded animal, the owner shall first pay
a first (1st) offense handling fee of no less than fifty dollars ($50.00)
plus no less than twenty dollars ($20.00) per day boarding fee. A
second (2nd) offense in a twelve (12) month period will incur a handling
fee of no less than seventy-five dollars ($75.00) plus applicable
boarding fees. A third (3rd) and subsequent offense in a twelve (12)
month period will incur a handling fee of no less than one hundred
dollars ($100.00) and no more than five hundred dollars ($500.00)
plus applicable boarding fees. If an after-hours call for animal control
was made for the animal, a fifty dollar ($50.00) call-out charge will
also apply.
2.
The owner must show proof of a current rabies vaccination by a licensed
veterinarian or have the animal vaccinated for rabies before leaving
the impounded veterinary office or bring proof of prepaid rabies vaccination
by a licensed veterinarian for the impounded dog. If prepaid, the
vaccination must be given within two (2) working days of the release
of the animal impoundment.
3.
All residents of the City must have a City animal license or purchase
one before the animal is released.
4.
There is no reason to believe that this animal was or will be abused
by the owner.
C.
If
the animal is not redeemed by the owner after an appropriate holding
period, the animal may be disposed of in one (1) of the following
ways:
1.
Euthanasia, using a method approved by the American Veterinarian
Medical Association.
2.
Released for adoption to a humane organization or a person who shows
evidence of ability and intention to provide the animal with an appropriate
home and humane care. All animals released for adoption must be sterilized
before leaving or before six (6) months of age. All animals not sterilized
before leaving must have proof of prepaid sterilization fee from a
licensed veterinarian and certify in writing that it will be done
before the animal is six (6) months of age.
D.
Any
owner or harborer whose animal is impounded and not claimed will be
responsible for a handling fee of no less than twenty dollars ($20.00),
a disposal fee of no less than forty dollars ($40.00) and any other
fees associated with such animal, including, but not limited to, an
after-hours call-out fee for animal control and medical fees incurred
by such animal.
[Ord. No. 050107A, 5-1-2007]
It shall be unlawful for an animal adopted from the City to
remain unsterilized after the date agreed upon in the adoption papers.
[Ord. No. 050107A, 5-1-2007]
A.
No
doghouse, pen or kennel shall be maintained closer than forty (40)
feet to any apartment house, residential condominium, hotel, restaurant,
boarding house, retail food store, building used for school, religious
or hospital purposes or residence other than that occupied by the
owner or occupant of the premises upon which said dogs are kept.
B.
All
pens, yards or runs or other structures wherein any animal is kept
shall be of such construction so as to be easily cleaned and kept
in good repair.
C.
Every
pen, run, cage or other yard establishment wherein a dog is kept shall
be maintained in a sanitary condition so that no offensive, disagreeable
or noxious smell or odor shall arise therefrom to the injury, annoyance
or inconvenience of any neighbor.
[Ord. No. 050107A, 5-1-2007]
A.
It
shall be unlawful for any person to attach chains, tethers, restraints
or implements directly to a dog without the proper use of a collar,
harness or other device designed for that purpose and made from a
material that prevents injury to the dog.
B.
For
the purpose of tethering a dog, a chain, leash, rope or tether shall
be at least ten (10) feet in length.
C.
Any
dog chained, tethered or picketed on private property shall be restricted
from movement closer than ten (10) feet to the property line of the
premises or any public sidewalk or right-of-way.
D.
No
person shall:
1.
Continuously tether a dog for more than one (4) continuous hours,
except that tethering of the same dog may resume after a hiatus of
three (3) continuous hours.
2.
Use a tether or any assembly or attachments thereto or any combination
thereof to tether a dog that shall weigh more than one eighth (1/8)
of the animal's total body weight or, due to weight, inhibit the free
movement of the animal within the area of the tether.
3.
Tether a dog on a choke chain or any other choke collar or in such
a manner as to cause injury, strangulation or entanglement of the
dog on trees, fences or other natural or manmade obstacles.
4.
Tether a dog without securing its water supply so that it cannot
be tipped over.
5.
Tether a dog without access to shade when sunlight is likely to cause
overheating or access to appropriate shelter to provide insulation
and protection against cold or dampness when the temperature falls
below forty degrees Fahrenheit (40°F).
6.
Tether a dog in an open area where it can be teased by persons or
an open area that does not provide the dog protection from attack
by other animals.
7.
Tether an animal in an area where bare earth is present and no steps
have been taken to prevent the surface from becoming wet and muddy
in the event of precipitation unless access to dry area or shelter
is provided.
[Ord. No. 050107A, 5-1-2007; Ord. No. 12192011 §1, 12-19-2011]
A.
No person, residence or household shall have, hold, maintain or contain more than a combined total of four (4) dogs, cats or other animals over four (4) months of age within the City of Peculiar. This Section 205.034 shall not apply to kennels or other animals kept in accordance with the regulations defined in Chapter 400; or to the keeping of chickens as governed by Subsection (B) below.
B.
Chickens (excluding roosters) shall only be kept on property zoned "AG", "R-E" or "R-1" as defined in Chapter 400, and that contains a minimum lot area of two (2) acres.
1.
No person, residence or household shall have, hold, maintain or contain
more than a total of ten (10) chickens, all of which shall be housed
in a coop constructed to City standards for accessory structures.
No coop shall be located closer than two hundred (200) feet to the
nearest portion of any building occupied or used in any way by human
beings, other than the dwelling occupied by the owner, nor be closer
than twenty-five (25) feet to the nearest property line.
2.
Every coop or pen shall be kept so that no offensive, disagreeable
or noxious smell or odor shall arise there from to the injury or annoyance
of any neighbors. Every coop or pen shall be provided a water-tight,
fly-tight, covered receptacle for manure of such dimensions to contain
all accumulations thereof, which receptacle shall be emptied sufficiently
often and in such a manner as to prevent it becoming a nuisance. Any
coop and the pen wherein chickens are harbored shall be kept in a
clean and sanitary condition, devoid of all rodents and vermin, and
free from objectionable odors. Coops shall be constructed in such
a way as to be dry at all times on the inside. The Codes Inspector
may at any time inspect such coop or pen and issue any order as may
be necessary to carry out the provisions of this Section.
3.
It shall be unlawful for any owner, keeper, or harborer to maintain
or possess chickens within the City without first applying for and
obtaining a special animal permit from the City Clerk or his or her
designee. The cost of the permit shall be twenty dollars ($20.00)
annually (January 1 — December 31).
4.
All neighbors within two hundred (200) feet of the property will
be notified in writing by the City when any owner makes application
for a special animal permit to keep chickens. The Board of Aldermen,
upon receipt of a written petition signed by all said neighbors stating
they have no objection, may allow a variance of up to twenty-five
percent (25%) from the minimum permitted distances as specified in
Subparagraph (1) above. Owners, keepers, or harborers who have three
(3) or more valid complaints of violations or nuisance made within
any twelve (12) month period shall have their special animal permit
revoked by the Codes Inspector, in addition to any other penalties
provided for herein.
[Ord. No. 050107A, 5-1-2007; Ord. No. 11012021B, 11-1-2021]
A.
It shall be unlawful for any person's animal to inflict or attempt
to inflict bodily injury to any person or other animal whether or
not the owner is present. However, this shall not apply to an attack
by a dog under the control of a Law Enforcement Officer or to an attack
upon an uninvited intruder who has entered the owner's property
with criminal intent.
B.
A dangerous animal is one that:
1.
Has inflicted a severe or fatal injury on a human being. Severe
injury means any physical injury resulting directly from an animal's
bite that results in broken bones, lacerations requiring stitches
or in-patient hospitalization. A victim who receives severe injuries
must provide the Police Department 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.
Has killed a dog, cat or other domestic animal without provocation
while off the owner's property;
3.
Is owned or harbored primarily or in part for the purpose of
animal fighting; or an animal who is trained for animal fighting.
4.
Has bitten a human being without provocation on property other
than the property of the owner;
5.
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 animal is kept.
6.
When unprovoked, chases or approaches a person upon the streets,
sidewalks or any public grounds or private property other than the
property of the owner in a menacing fashion or apparent attitude of
attack, regardless of whether or not a person is injured by such animal;
or
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 and domestic animals.
C.
Law Enforcement Officers shall have the authority to designate any animal as a dangerous animal upon receiving evidence that the animal meets any of the criteria for a dangerous animal set forth in Subsection (B) above. When such a designation is made, at least one (1) owner of the animal, if known, shall be served a summons notifying the person of the designation and informing them of their right to appeal such designation by appearing in Municipal Court. Pending a disposition by the court, the animal must be confined in such a manner as determined by the Animal Control Officer. The Animal Control Officer shall be authorized to require confinement of the animal by permitting the owner to have the animal confined at a veterinary facility or kennel, or by permitting the animal to be confined on the owner's premises in such secure facilities as are approved by the Animal Control Officer. If the animal is deemed dangerous by the court, the court shall issue an order to have the animal euthanized or removed from the City. If removal is authorized by the court, the animal shall be placed in the custody of Animal Control while the owner makes immediate arrangements to have the animal removed from the City. If the animal is not removed within twenty-four (24) hours, animal control shall make arrangements for humane euthanization after an order from the Peculiar Municipal Judge.
D.
Exceptions To Dangerous Animal Classification:
1.
With the exception of Subsection (B)(1) above, no animal may be declared to be dangerous if the injury, damage or threat was sustained by a person who, at the time, was committing an illegal act upon the premises occupied by the owner of the animal; was teasing, tormenting, abusing or assaulting the animal; 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.
With the exception of Subsection (B)(1) above, 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 may be warned of the animal's tendencies and to take appropriate action to prevent subsequent incidents. This, however, does not exempt the owner from being cited for other animal control ordinance violations.
[Ord. No. 050107A, 5-1-2007]
A.
Any
person may make a verbal or written complaint to the City Animal Control
Officer of an animal which the complainant believes to be dangerous.
The complaint shall include sufficient information to enable the Animal
Control Officer to ascertain the location and owner of the animal
and shall also include the reasons why the complainant believes the
animal to be vicious or dangerous. In the case of a verbal complaint,
the complaint shall be put in writing by the Animal Control Officer.
A copy of the complaint shall then be mailed by the Animal Control
Officer to the owner of the animal at the owner's last known address.
B.
Within
ten (10) days of the making of the complaint, the Animal Control Officer
shall undertake an investigation to determine whether the animal identified
in the complaint is dangerous. Such investigation shall include an
opportunity for the owner of the animal to present evidence to the
Animal Control Office pertinent to the dangerousness of the animal
and may include interviews with the complainant and other persons
having personal knowledge regarding the animal and observations of
the animal in its normal habitat.
C.
Upon
completion of the investigation, the Animal Control Officer shall
determine whether or not the animal identified in the complaint is
dangerous.
1.
If the Animal Control Officer determines that the animal is not dangerous,
the Animal Control Officer shall inform the complainant and the owner
of the determination and no further action shall be taken on the complaint.
2.
If the Animal Control Officer determines that the animal is dangerous,
the Animal Control Officer shall put the determination in writing,
as well as the reasons supporting such determination. The Animal Control
Officer shall then forward this written determination to the complainant
and the owner and, in addition, shall notify the owner that the animal
may only be kept within the City if the owner obtains a dangerous
animal permit.
3.
If the Animal Control Officer determines that the animal is dangerous,
the Animal Control Officer shall notify the Chief of Police of the
determination and the requirements to be included in the permit to
be issued by the Chief of Police as hereinafter set forth.
4.
The owner shall have ten (10) days to request a hearing before the
Municipal Court Judge.
5.
If the owner requests a hearing for determination as to the dangerous
nature of the animal, the hearing shall be held at the next Municipal
Court docket after demand for the hearing. The records of the Animal
Control Officer shall be admissible for consideration without further
foundation.
6.
After considering all evidence, the Municipal Judge shall make a
determination as to whether or not the animal is dangerous and shall
make an appropriate order if the animal is determined to be dangerous.
[Ord. No. 050107A, 5-1-2007]
If the animal is determined to be dangerous, the owner must
obtain a dangerous animal permit.
[Ord. No. 050107A, 5-1-2007]
A.
Upon
receipt of a determination by the Animal Control Officer that an animal
is dangerous, the Chief of Police shall immediately issue to the owner
of such animal a dangerous animal permit. This permit shall authorize
the continued keeping of the animal within the City only so long as
the owner complies with the requirements set forth in the permit.
The owner shall have ten (10) days to fully comply with the permit
and the ordinances of the City. Such requirements shall include those
recommended to the Chief of Police by the Animal Control Officer and
such others as the Chief of Police determines necessary to ensure
that no person or animal is injured by the animal. Permit requirements
may include, but are not limited to, the following:
1.
It shall be the duty of the owner, keeper or harborer of a dangerous
animal to securely confine such animal indoors or in a securely enclosed
and locked pen, kennel or structure suitable for preventing the animal
from escaping and preventing the entry of young children (the enclosure
must have a secured top and a concrete floor); and
2.
No person shall permit a dangerous animal to be kept on a chain,
tether or leash unless under the direct control of a person capable
of restraining the animal; and
3.
Every vicious or dangerous animal shall be confined by its owner
or authorized agent of its owner within a building or secure enclosure
and, whenever off the premises of its owner, shall be securely muzzled
and restrained with a leash and collar having a minimum tensile strength
of three hundred (300) pounds and not more than three (3) feet in
length or caged. Every person harboring a vicious animal is charged
with an affirmative duty to confine the animal in such a way that
children not have access to such animal;
4.
A notice on the premises shall be posted, conspicuously visible to
the public, on all entrances where the animal is being kept and reading
in letters not less than two (2) inches high: "Dangerous Animal Here"
or "Beware Dangerous Animal"; and
5.
The owner, harborer or keeper of a dangerous animal shall present
to the City Clerk proof that the owner or keeper has procured liability
insurance in the amount of at least three hundred thousand dollars
($300,000.00) covering the twelve (12) month period during which a
licensing is sought. This policy shall contain a provision requiring
the City to be notified by the insurance company of any cancellation,
termination or expiration of the policy; and
6.
Any animal deemed dangerous shall be implanted, at the owner's expense,
with a micro-chip designed to permanently identify the animal and
the identity number must be provided to the Animal Control Officer;
and
7.
The owner of any such dangerous animal shall be strictly liable to
the person(s) aggrieved for any and all damages sustained by the animal.
Upon any such assault or attack, any Police or Animal Control Officer
is empowered to seize and impound the animal at the owner's expense;
and
8.
It shall be unlawful for any owner or keeper of a dangerous animal
within the City limits to fail to comply with the requirements and
conditions set forth in this Section. Any animal found to be a subject
of a violation of this Section may be, in addition to other penalties
provided by ordinance, subject to immediate seizure and impoundment
for a maximum of ten (10) days for the owner to show compliance with
this Chapter. After ten (10) days any unclaimed animal may be disposed
of according to the Chapter. All applicable fees shall be the responsibility
of the owner or keeper; and
9.
Licensing fee for a dangerous animal shall be fifty dollars ($50.00)
annually and shall be due January thirty-first (31st) of each year.
Applicant must provide proof of a current rabies vaccination by a
licensed veterinarian, proof of insurance, micro-chip information
and a letter from the Animal Control Officer stating that the enclosure
has been checked annually and is in accordance with the ordinance
for a dangerous animal;
10.
An animal that has been determined dangerous shall be spayed or neutered
within thirty (30) days of the determination of dangerousness;
11.
Notification of escape. The owner or keeper of
a dangerous dog shall notify an Animal Control Officer immediately
if such dog escapes from its enclosure or restraint and is at large.
Such immediate notification shall also be required if the dog bites
or attacks a person or domestic animal;
12.
At the time the permit is issued, a tag shall be issued to the owner
of the dangerous dog. The tag shall be issued to the owner of the
dangerous dog. The tag shall be worn at all times by the dog to clearly
and easily identify it as a dangerous dog;
13.
Failure to comply. It shall be unlawful for any
owner of a dangerous dog registered with the City of Peculiar to fail
to comply with the requirements and conditions set forth in this Section.
Any dog found to be in violation of this Section shall be subject
to immediate seizure and impoundment. In addition, failure to comply
with the requirements and conditions set forth in this Chapter shall
result in a revocation of the dog's license and the permit providing
for the keeping of such animal.
[Ord. No. 050107A, 5-1-2007]
A.
No
person shall impound, harbor or confine or cause to be impounded,
harbored or confined in any pound or place any animal and fail to
supply proper veterinary care; or shall cruelly overwork any domestic
animal or shall cruelly drive or work the same when unfit for labor
or shall abandon, beat, ill treat, torment or cause harm to by physical
abuse, undue stress or poisonous substance; or shall allow any place
where an animal is kept or may be kept to become unclean or unwholesome
and fail to supply the animal, during such confinement, with the following:
1.
A structurally sound, properly sanitary, dry and weatherproof shelter
suitable for the species, age and condition of the animal, which is
free of litter or hazardous substances and objects and which provides
access to shade from direct sunlight and from exposure to inclement
weather conditions.
2.
Wholesome foodstuff suitable for the species, provided at suitable
intervals, in a sanitary manner, in quantities sufficient to maintain
good health in the animal, considering its age and condition.
3.
Constant access or access at suitable intervals to supply of clean,
potable, unfrozen water, provided in a sanitary manner and in sufficient
amounts for the species to maintain good health in the animal.
4.
Normal and prudent attention to the needs of the animal, including
all necessary immunizations, parasite control, sufficient exercise
and rest to maintain good health and the provision to each sick or
injured animal of the necessary veterinary care or humane death.
[Ord. No. 050107A, 5-1-2007]
No person shall abandon any animal in the City limits of the
City.
[Ord. No. 050107A, 5-1-2007]
A.
The
owner shall immediately confine every rabid animal or animal thought
to be exposed to rabies or any animal that has bitten a person and
shall notify animal control or the Police Department immediately.
1.
The owner shall, upon demand by the Police or Animal Control Officer,
promptly show proof of any rabies vaccination known to be given by
a licensed veterinarian and quarantine or euthanize the animal. If
the animal is euthanized before the quarantine period is up, the head
must be sent for rabies evaluation.
2.
If a current rabies vaccination certificate from a licensed veterinarian
is provided, the animal may be quarantined at home inside or in a
locked cage sufficient for preventing escape if it is not a known
ordinance violator. The animal must be examined by a veterinarian
at the start of the ten (10) day quarantine period and re-examined
at the end of the ten (10) days and the name and address of the veterinarian
provided to animal control. If no proof of a current rabies vaccination
can be found, the animal must be quarantined at a licensed veterinarian
for a minimum of ten (10) days from the date of exposure. If the animal
shows any signs of illness, it must be euthanized and sent for rabies
evaluation. All costs shall be assessed against and paid for by the
animal's owner.
3.
If there is no set quarantine period for the breed of animal that
has bitten, it must be euthanized and the head sent for rabies diagnosis.
All costs shall be assessed against and paid for by the animal's owner.
4.
No person shall kill a known or suspected rabid animal or an animal
exposed to rabies or remove such animal from the City limits of Peculiar,
Missouri, without the permission of the Animal Control Officer or
a Police Officer, except when it is necessary to kill such animal
to prevent its escape or attack on any person or animal.
5.
The location of the remains of any dead animal known or suspected
to have been exposed to rabies prior to death shall be reported to
the Animal Control Officer and the remains shall be surrendered to
the Animal Control Officer for laboratory examination.
6.
The Animal Control Officer or any Policeman, upon request from the
Animal Control Officer, shall have the authority to immediately destroy
any animal other than a dog or cat which is determined to have bitten
or scratched a human, if the Animal Control Officer determines that
destruction of such animal is necessary to determine whether such
animal is rabid. The Animal Control Officer shall have the authority
to promulgate rules and regulations concerning the handling and disposition
of such animals.
[Ord. No. 050107A, 5-1-2007]
No person shall sell, offer for sale or give away any animal
that is unweaned, sick, diseased or so young or weak that such sale
would be injurious to it. It shall be unlawful for any person to sell,
offer for sale, give away, gift or award groups of less than six (6)
live fowl per transaction under one (1) month of age. The term "fowl", as used herein, shall include chickens, ducks and
geese and shall exclude parrots, parakeets, finches, doves and pigeons.
[Ord. No. 050107A, 5-1-2007]
The Animal Control Officer is authorized to enter private property
to assist any animal or fowl that is visibly in distress or endangered.
No person shall hinder, molest or interfere with the Animal Control
Officer in the performance of his/her duties.
[Ord. No. 050107A, 5-1-2007; Ord. No. 021511D §1, 2-15-2011]
A.
No
person shall keep, harbor, have custody of or allow to be kept on
the premises exotic, deadly, dangerous or poisonous animal; or any
animal which normally lives in the natural state and is not domesticated
and/or exhibits vicious tendencies in any place other than a properly
licensed and maintained zoological park, circus, scientific or educational
institution, research laboratory, veterinary hospital or animal refuge.
B.
No
person shall:
1.
Own or possess a large carnivore;
2.
Breed a large carnivore;
3.
Transfer ownership or possession of or receive a transfer of ownership
or possession of a large carnivore, with or without remuneration;
or
4.
Transport a large carnivore unless permitted to do so by Sections
578.620 and 578.622, RSMo.
[Ord. No. 050107A, 5-1-2007]
A.
Every
owner of a guard or attack dog shall keep such dog confined in a building,
compartment or other enclosure. Any such enclosure shall be completely
surrounded by a fence at least six (6) feet in height and shall be
topped with an anti-climbing device constructed of angled metal braces
with at least three (3) strands of equally separated barbed wire stretched
between them.
B.
All
anti-climbing devices shall extend inward at an angle of not less
than forty five degrees (45°), no more than ninety degrees (90°)
when measured from the perpendicular.
C.
The
areas of confinement shall all have gates and entrances thereto securely
closed and locked and all fences properly maintained and escapeproof.
D.
The
provisions of this Section shall not apply to dogs owned or controlled
by the government law enforcement agencies.
[Ord. No. 050107A, 5-1-2007]
The owner of any female animal in heat shall confine the animal
within a building or structure in such a manner that she will not
be accessible to other animals except for planned breeding and will
not attract male animals.
[Ord. No. 050107A, 5-1-2007]
No person shall expose any known poisonous substance, whether
mixed with food or not, so that same may be eaten by an animal, domestic
or wild, provided that it shall not be unlawful for a person to expose
on his property common rat poison mixed only with vegetable substances
for the purpose of rodent control.
[Ord. No. 050107A, 5-1-2007; Ord. No. 040108 §1, 4-1-2008]
A.
It
shall be unlawful for any owner, keeper, harborer or maintainer of
any animal to allow or permit any such animal to:
1.
Bark, whine or howl in an excessive fashion, which is hereby defined
as continuous and untimely, so as to disturb the peace of an individual
neighbor (a "neighbor", for this purpose, is hereby
defined as an individual residing in a residential structure that
is within one hundred (100) yards of the properly on which the animal
is kept or harbored) who states in writing that he will testify if
called upon to testify about such matter under oath; or
2.
Impedes refuse collection by ripping any bags or tipping any containers
of such or interferes with the collector thereof; or
3.
Damages public or private property; or
4.
Commits an animal nuisance as defined elsewhere in this Chapter.
[Ord. No. 050107A, 5-1-2007]
A.
It
shall be unlawful for any person to feed any migratory waterfowl.
It shall be unlawful to create any condition -or allow any condition
to exist which results in a congregation or congestion of migratory
waterfowl, which results in:
[Ord. No. 050107A, 5-1-2007]
It shall be unlawful for any person to remove from the custody
of the Animal Control Officer by force, deceit or other means any
animal which has been legally impounded by said officer, prior to
obtaining the permission of the Police or Animal Control Officer to
remove such animal.
[Ord. No. 050107A, 5-1-2007]
The parent or guardian of a minor child is responsible for the
adequate care and control of any animal owned, kept or harbored by
a minor child.
[Ord. No. 050107A, 5-1-2007]
A.
Any
duly authorized Animal Control Officer or Police Officer may seek
a warrant from the appropriate court to enable him to enter private
property in order to inspect, care for or impound neglected or abused
animals. All requests for such warrants shall be accompanied by an
affidavit stating the probable cause to believe that a violation of
this Chapter has occurred. A person acting under the authority of
a warrant shall not be liable for any necessary damage to property
while acting under such warrant. All animals impounded pursuant to
a warrant issued under this Section shall be:
B.
The
owner or custodian of any animal who has been convicted of animal
neglect or abuse shall be liable for the reasonable costs for the
care and maintenance of the animal.
[Ord. No. 050107A, 5-1-2007]
If a person is adjudicated guilty of a violation of this Chapter
and the court having jurisdiction is satisfied that an animal owned
or controlled by such person would in the future be subject to such
neglect or abuse, such animal shall not be returned to or allowed
to remain with such person, but its disposition shall be determined
by the court.
[Ord. No. 050107A, 5-1-2007]
A.
The
provisions of this Chapter shall not apply to:
1.
Care or treatment performed by a licensed veterinarian within the
limits acceptable by the American Veterinary Medical Association.
2.
Bona fide scientific experiments.
3.
Hunting, fishing or trapping as allowed by Chapter 252, RSMo., including
all practices and privileges as allowed under the Missouri Wildlife
Code.
4.
Facilities and publicly funded zoological parks currently in compliance
with the Federal "Animal Welfare Act", as amended.
5.
Rodeo practices currently accepted by the Professional Rodeo Cowboys
Association.
6.
The humane killing of an animal by the owner thereof, the agent of
such owner, or by a veterinarian at the request of the owner thereof.
7.
The lawful, humane killing of an animal by an Animal Control Officer,
the operator of an animal shelter, a veterinarian or law enforcement
or health official.
8.
With respect to farm animals, normal or accepted practices or animal
husbandry.
9.
The killing of an animal by any person at any time such animal is
outside of the owned or rented property of the owner or custodian
of such animal and the animal is injuring any person or farm animal,
but this shall not include Police or guard dogs while working.
10.
The killing of house or garden pest.
11.
Field trials, training and hunting practices as accepted by the Professional
Houndsmen of Missouri.
[Ord. No. 050107A, 5-1-2007]
At all times, every stable, barn, pen or other place wherein
animals or fowl are kept within the City limits shall be kept in a
clean and sanitary condition.
[Ord. No. 050107A, 5-1-2007]
No ventilators or windows which may be used as ventilators shall
be constructed in the walls of a stable if within twenty (20) feet
of adjacent property lines, except by special written consent of the
Board of Aldermen. All stables and barns must be ventilated by means
of louver ventilators in the roof or by openings in area walls where
such walls are more than twenty (20) feet from adjacent property lines.
[Ord. No. 050107A, 5-1-2007]
Any dog that has been declared dangerous by any agency or department
of this City and other municipality, County or State shall be subject
to the provisions of this Chapter for the remainder of its life. The
person owning or having custody of any dog designated as a dangerous
dog by any municipality, County or State Government shall notify the
Animal Control Officer of the dog's address and conditions of maintenance
within ten (10) days of moving the animal into the City of Peculiar.
The restrictions and conditions of maintenance of any dog declared
dangerous by the City and other municipality, County or State shall
remain enforced while the dog remains in the City.
[Ord. No. 050107A, 5-1-2007]
A.
Any
owner of a dangerous animal (including vicious or dangerous dogs)
who sells or otherwise transfers ownership, custody or residence of
the animal shall, within ten (10) business days after such change
of ownership or residence, provide written notification to the Animal
Control Officer of the name, address and telephone number of the new
owner. It also shall be the responsibility of the person transferring
ownership or custody of the animal to provide written notification
of the animal's classification as dangerous to the person receiving
the animal. The previous owner shall furnish a copy of such notification
to the City of Peculiar along with written acknowledgment of the new
owner of his receipt of such an implication. The Animal Control Officer
shall notify the Police Department of any changes of ownership, custody
or residence of the animal within three (3) business days after receiving
the required information from the previous animal owner.
B.
Any
person receiving an animal classified as dangerous must obtain the
required permit, tag and enclosure prior to acquisition of the animal.
The new owner shall comply fully with the provisions of this Chapter
pertaining to ownership of a vicious or dangerous animal and/or vicious
or dangerous dog.
[Ord. No. 050107A, 5-1-2007]
If any portion of this Chapter should be declared unenforceable,
it shall be severed from the Chapter, the remainder of which shall
remain in full force and effect.
[Ord. No. 050107A, 5-1-2007; Ord. No. 12052016 § V, 12-5-2016]
Any person violating any Section of this Chapter shall, upon
a plea of guilty or a finding of guilty, be punished by a fine of
not less than thirty-five dollars ($35.00) for the first such offense,
no less than fifty dollars ($50.00) for the second offense and no
less than one hundred dollars ($100.00) and no more than three hundred
fifty dollars ($350.00) for the third or subsequent offense, plus
all costs for pickup, impoundment, disposal and veterinary fees that
are applicable.
