[R.O. 2014 §215.160; Ord. No. 737 §230.515, 5-25-1995]
Whenever used in this Article, the following terms shall be
defined as follows:
Any dog that:
Has a known propensity, tendency or disposition to attack when
unprovoked, upon the streets, sidewalks or any public grounds or places
or upon the property of another, to cause injury or otherwise endanger
the safety of human beings or domestic animals, or approaches a person
in a menacing fashion or apparent attitude of attack;
Bites, inflicts injury, assaults or otherwise attacks a human
being or domestic animal without provocation on private or public
property; or
Is owned or harbored primarily or in part for the purpose of
dog fighting, or any dog trained for dog fighting.
Any member of the species canis familiaris.
Any person possessing, harboring, keeping or having control
or custody of a dog or a City resident who has a financial interest
in any dog.
Any physical injury which results in broken bones or lacerations
requiring either multiple stitches or cosmetic surgery.
Action by the dog not in response to being tormented, abused
or assaulted by any person, or if the dog's action was not in response
to pain or injury or to protect itself, its kennel or its offspring.
[R.O. 2014 §215.170; Ord. No. 737 §230.520, 5-25-1995]
A.
No
person shall knowingly sell, offer for sale, breed, buy or attempt
to buy any dangerous dog within the City of Marshfield, Missouri.
A dog deemed dangerous under the provisions of this Chapter shall
not be sold or given away to any other resident of the City of Marshfield,
Missouri.
B.
No
person shall knowingly own, harbor, sell or offer for sale any dog
which is to be used for the purpose of dog fighting or to be trained,
tormented, badgered, baited for the purpose of causing or encouraging
the dog to attack human beings or domestic animals when not provoked,
unless such dog has been exempted by the Mayor of the City of Marshfield,
Missouri, as a dog used in and by law enforcement authorities.
[Ord. No. 1776 § 1, 8-24-2017]
A.
The
following breeds of dogs, including mixed breeds, are hereby deemed
presumptively dangerous:
1.
Pit Bulls. The term "pit bull" means any dog that is an American
Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull
Terrier, or any dog displaying the majority of physical traits of
any one (1) or more of the above breeds, or any dog exhibiting those
distinguishing characteristics which substantially conform to the
standards established by the American Kennel Club or United Kennel
Club for any of the above breeds. The A.K.C. and U.K.C. standards
for the above breeds are on file in the office of the City Clerk.
B.
The
owner of any presumptively dangerous dog shall be allowed to keep
such dog within the City only if the owner annually registers the
dog with the City and receives a valid registration. Further, any
person owning a presumptively dangerous dog who relocates his or her
residence to the City shall, within thirty (30) days of relocation,
register their presumptively dangerous dog and comply with all provisions
of this Chapter regarding ownership of such animal. As a condition
of registration of a presumptively dangerous dog, the owner shall
at the time of application be at least eighteen (18) years of age
and comply with or otherwise provide sufficient evidence that the
owner is in compliance with all of the following regulations:
1.
The owner of the presumptively dangerous dog shall provide proof
of rabies vaccination and shall pay the annual presumptively dangerous
dog fee of fifty dollars ($50.00).
2.
The owner of the presumptively dangerous dog shall keep current the
registration for such dog through annual renewal. Such registration
is not transferable and shall be renewable only by the holder of the
registration or by a member of the holder's immediate family. A dangerous
dog registration tag will be issued to the owner at the time of issuance
of the registration. Such registration tag shall be attached to the
presumptively dangerous dog at all times by means of a collar or harness
and shall not be attached to any other dog other than the presumptively
dangerous dog for which the registration was issued. If the dangerous
dog tag is lost or destroyed, a duplicate tag may be issued upon the
payment of a two dollar ($2.00) fee.
3.
The owner shall, at the owner's expense, have the presumptively dangerous
dog spayed or neutered and shall present to the City Administrator
or authorized representative documentary proof from a licensed veterinarian
that this sterilization has been performed.
4.
The owner of a presumptively dangerous dog shall keep the dog securely
leashed at all times the dog is outside the owner's home, unless the
dog is confined by a no-climb fence which is permanent in nature,
six (6) feet in height, and otherwise sufficient to prevent its escape.
5.
An owner of a presumptively dangerous dog shall notify the City Administrator
or authorized representative within five (5) days in the event that
the dog is lost, stolen, sold, given away or dies.
6.
An owner of a presumptively dangerous dog shall have posted at each
possible entrance to the owner's property where the dog is kept a
conspicuous and clearly legible dangerous dog sign. Such sign must
be at least eight (8) inches by ten (10) inches in rectangular dimensions
and shall contain only the words "DANGEROUS DOG" in lettering not
less than two (2) inches in height.
C.
The
Mayor or City Administrator shall order the immediate impoundment
of any presumptively dangerous dog found in the City that does not
have a valid and current registration. Upon the impoundment of any
presumptively dangerous dog without a valid and current registration,
the Mayor or City Administrator shall conduct a hearing to determine
if the dog should be returned to the owner or forfeited. Such hearing
shall be conducted not later than fourteen (14) days from the date
of seizure and the Mayor or City Administrator shall provide written
notice of such hearing either in person or by certified mail, return
receipt requested, to the owner of the dog. In no event shall such
hearing be conducted within five (5) days after such notice has been
served or mailed to the owner of the dog. The owner of a presumptively
dangerous dog without a valid and current registration shall be responsible
for the expense of impoundment and/or forfeiture.
D.
The
Mayor or City Administrator may order the forfeiture of a presumptively
dangerous dog who bites, inflicts injury, assaults, or otherwise attacks
a human being when unprovoked.
E.
If
a presumptively dangerous dog is found to be off the premises of the
owner and not under the responsible control of the owner or a member
of his or her immediate family, then the owner of the dog and/or the
owner or tenant of the home where the dog resides shall be guilty
of an offense and shall, upon conviction therefore, be fined a sum
of not more than five hundred dollars ($500.00) or by imprisonment
not to exceed ninety (90) days, or by both such fine and imprisonment.
F.
No
more than one (1) presumptively dangerous dog shall be allowed per
residence.
[Ord. No. 1782 § 1, 9-14-2017]
[R.O. 2014 §215.180; Ord. No. 737 §230.525, 5-25-1995]
Upon receipt of a written complaint by any person, the Mayor,
City Administrator, City Animal Control Officer, or the Chief of Police
of the City of Marshfield, Missouri, after reviewing the facts of
the complaint, may conduct a hearing to determine if such dog is dangerous.
Such a hearing shall be conducted within twenty-five (25) days of
the receipt of the complaint or seizure of the dog, whichever is later.
The City shall provide notice to the owner of the dog, either in person
or by certified mail, return receipt requested, and to the complainant
by regular mail, of the date, time and location of the hearing, and
in no event shall the hearing be conducted less than six (6) days
after such notice has been mailed to the owner of the dog. At such
hearing, all interested persons shall be given the opportunity to
present evidence on the issue of the dog's dangerousness. In the event
the dog has caused injury to any person, the Mayor, City Administrator,
City Animal Control Officer, or the Chief of Police may impound the
dog with a licensed veterinarian at the owner's expense, pending the
hearing and determination of the complaint. If the Mayor, City Administrator,
City Animal Control Officer, or City Chief of Police cannot, with
due diligence, locate the owner of the dog that has been seized pursuant
to this Section, said dog shall be impounded for no fewer than three
(3) days. If, after no fewer than three (3) days, no person appears
to claim that he/she is the dog's owner, or is an authorized agent
of the owner, the Mayor, City Administrator, City Animal Control Officer,
or Chief of Police is hereby designated as an authorized agent of
the owner and may cause said dog to be humanely destroyed.
[R.O. 2014 §215.190; Ord. No. 737 §230.530, 5-25-1995]
A.
Upon
conclusion of a hearing as set forth in the previous Section, and
upon a determination that the dog is dangerous at said hearing, the
Mayor, City Administrator, City Animal Control Officer, or Chief of
Police of the City of Marshfield, Missouri, may order the owner of
the dog to comply with one (1) or more of the following, or any combination
thereof:
1.
The owner of a dangerous dog may be ordered to register such dog
with the Animal Control Department of the City of Marshfield, Missouri,
the application for such registration shall contain the name and address
of the owner, the breed, age, sex, color and other identifying marks
of the dog, the location of where the dog is to be kept, if not at
the address of the owner, such other information as may be required.
The application for registration pursuant to this Subsection shall
be accompanied by a registration fee of twenty-five dollars ($25.00).
This fee shall not be effective until approved by a vote of the people.
Each dog registered pursuant hereto shall be assigned an official
registration number by the City of Marshfield, Missouri. Such registration
number shall be inscribed on a metal tag which shall be attached to
the dog's collar at all times. The tag and a certificate of registration
shall be of such form and design and shall contain such information
as the City Administrator shall prescribe and shall be issued to the
owner upon payment of the registration fee and the presentment of
sufficient evidence that the owner has complied with all orders as
prescribed at the determination hearing.
2.
Confinement. The Mayor or City Administrator may
order the owners of a dangerous dog to confine the dog at all times
either indoors, or if outdoors, in a proper enclosure for a dangerous
dog which consists of a securely enclosed and locked pen or structure,
suitable to prevent the entry of young children, or any part of their
bodies, and designed to prevent the animal from escaping. Such pen
or structure shall have secure sides and prevent the dog from digging
his/her way out through the bottom. The pen or structure shall also
provide the dog with protection from the elements. The owner shall
also conspicuously display signs designed with a warning approved
by the Mayor or City Administrator which indicates to both children
and adults the presence of a dangerous dog, on the pen or structure,
and on or near the entrances to the residence where the dog is kept.
At any time such dog is not on the premises occupied by the owner,
then the dog shall be muzzled in such a manner as to prevent it from
biting or injuring any person, and kept on a leash not longer than
six (6) feet with the owner or some other responsible person attending
such dog, or confined in a location or facility approved by the Mayor
or City Administrator. The operator or owner of such approved location
or facility shall be informed by the owner of the status of the dog
as a dangerous dog and any restrictions on the use, movement and boarding
of the dog.
3.
Liability insurance. The Mayor or City Administrator
may order the owner of a dangerous dog which has caused a severe injury
to any person to maintain, in full force and effect, a liability insurance
policy in the amount of one hundred thousand dollars ($100,000.00)
for coverage against personal injury or death of any person, resulting
from an attack from such dangerous dog, or to provide such proof of
financial responsibility for personal injury or death of any person
resulting from an attack from such dangerous dog as the Mayor or City
Administrator shall deem satisfactory and acceptable. Such proof of
financial responsibility may include, but is not limited to, a bond
or pledge of property.
4.
Spaying or neutering. The Mayor or City Administrator
may order the owner of the dangerous dog to arrange for the alteration
of its reproductive capacity through spaying or neutering of such
dangerous dog. Such alteration shall be at the owner's expense.
5.
Humane destruction. The Mayor or the City Administrator
may order the humane destruction of any dog which has been found to
have killed or caused severe injury to any person or other domestic
animal.
[R.O. 2014 §215.200; Ord. No. 737 §230.535, 5-25-1995]
In the event the owner of a dangerous dog is a minor, the parent
or guardian of such minor shall be liable for all injuries and property
damage sustained by any person or domestic animal caused by an unapproved
attack by such dangerous dog.
[R.O. 2014 §215.210; Ord. No. 737 §230.540, 5-25-1995]
A.
In
the event that the owner of a dangerous dog violates any order of
the Mayor or City Administrator as provided at the determination hearing,
such dangerous dog may be seized and impounded by the City Animal
Control Officer or any City Policeman upon the order of the Mayor
or City Administrator. In addition, any dog shall be immediately seized
by the Animal Control Officer, or any member of the Marshfield Police
Department, if the dog bites or attacks a person or other domestic
animal at the sufferance of its owner, or is engaged in or apparently
engaged in a dog fight.
B.
In
the event that a previously declared dangerous dog has been seized
by the City of Marshfield, either by order of the Mayor or City Administrator,
or after such dog bites or attacks a person, the Mayor or City Administrator
shall conduct a hearing to determine if the dog should be returned
to the owner or forfeited. Such hearing shall be conducted no sooner
than eight (8) days from the date of seizure, and the Mayor or City
Administrator shall provide written notice of such hearing either
in person or by certified mail, return receipt requested, to the owner
of the dog. In no event shall such hearing be conducted within five
(5) days after such notice has been mailed to the owner of the dog.
C.
After
such hearing has been conducted, the Mayor or City Administrator may
either order that the dog be returned to the owner, or declare that
the dog has been forfeited. In addition, the owner shall be subject
to any penalties prescribed in the Marshfield Municipal Code.
[R.O. 2014 §215.220; Ord. No. 737 §230.545, 5-25-1995]
No dog shall be declared dangerous pursuant to any Section of
this Chapter if the threat, injury or damage caused by such dog was
sustained by a person who, at the time, was committing a willful trespass
or other tort upon the premises occupied by the owner of the dog,
or was tormenting, abusing or assaulting the dog, or has in the past
been observed or reported to have tormented, abused or assaulted the
dog, or was committing or attempting to commit a crime. Nor shall
any dog be declared dangerous if it was responding to pain or injury,
or was protecting itself, its kennel or its offspring.
[R.O. 2014 §215.230; Ord. No. 737 §230.550, 5-25-1995]
A.
The
City Animal Control Officer and/or any member of the Marshfield Police
Department, and other persons designated by the Mayor or City Administrator
shall be empowered to enforce the provisions of this Article, or any
rule or regulation promulgated hereunder.
B.
Persons
authorized to enforce the provisions of this Article, or any rule
or regulation promulgated hereunder shall have the authority to seek
and execute search and seizure warrants as is determined necessary.
[R.O. 2014 §215.240; Ord. No. 737 §230.555, 5-25-1995]
The provisions of this Article shall not apply to any Federal,
State or City Law Enforcement Agency or dog specifically exempted
by order of the Mayor or City Administrator because of said dog's
work in law enforcement.
[R.O. 2014 §215.250; Ord. No. 737 §230.560, 5-25-1995]
If any provision of this Article is adjudged invalid by any
court of competent jurisdiction, such judgment shall not affect or
impair the validity of the remainder of the Article.
[R.O. 2014 §215.260; Ord. No. 737 §230.565, 5-25-1995]
Any person who violates any provisions of this Article shall
be guilty of an offense and shall, upon conviction therefore, be deemed
guilty of a misdemeanor and be fined a sum of not more than five hundred
dollars ($500.00) or by imprisonment not to exceed ninety (90) days
or by both such fine and imprisonment.
