[CC 1992 §240.050; Ord. No. 345 Art. II §1, 3-19-1984; Ord. No. 788 §1, 12-18-2006]
The intent of this Article is to require dog or cat owners or
keepers to comply with the law and not merely to operate an impoundment
program. Police officers and City maintenance crew shall therefore
place primary emphasis upon apprehending and initiating prosecution
of violations of this Article.
[CC 1992 §240.060; Ord. No. 345 Art. II §2, 3-19-1984; Ord. No. 788 §1, 12-18-2006]
The following words, when used in this Chapter, shall have the
meanings set out herein:
For the purpose of this Chapter, a "dangerous condition" is an attack, without revocation or justification, on a person (not
trespassing) or domestic animal, causing physical injury or death,
or a behavior that makes a reasonable person believe an unjustified
imminent threat, potential injury or death to one (1) or more persons
or domestic animals exists.
For the purpose of licensing of the dog, it is a dog of either
sex if over the age of six (6) months.
All animals of the canine or feline species, both male and
female.
When bitten by, or fought with, or has come in close contact
with a dog showing symptoms of rabies.
The presumption of ownership of an animal by an occupant
of any premises on which the animal remains or to which it customarily
returns daily for food and care for a period of ten (10) days.
An agent designated by the Mayor or Chief of Police to enforce
or assist in the enforcement of this Article.
Any property or premises on which four (4) or more dogs or
cats over six (6) months of age are kept for compensation or not.
A cord, thong or chain, maximum of four (4) foot in length,
attached to the collar of an animal by which a dog is controlled by
the person accompanying it.
A dog or cat shall be considered a nuisance if it:
Damages, soils, defiles or defecates on private property other
than the owner's or on public walks and recreational areas unless
such waste is immediately removed and properly disposed of by the
owner.
Causes unsanitary, dangerous or offensive conditions.
Causes a disturbance by excessive barking or other noise making.
Chases vehicle.
Molests, attacks or interferes with person or other domestic
animals on public property.
Any person having a right of property in a dog or cat, or
who keeps or harbors a dog or cat, or who has it in his/her care,
or acts as its custodian, or who knowingly permits a dog or cat to
remain on or about any premises owned or occupied by him/her. Whenever
a dog or cat is known to be owned, harbored or kept or fed at a certain
residence or by a certain family.
Any individual, corporation, partnership, organization or
institution recognized by law as a unit.
Any and all of the following dogs:
The Staffordshire Bull Terrier breed of dogs.
The American Staffordshire Terrier breed of dogs.
The American Pit Bull Terrier breed of dogs.
Dogs which have the appearance and characteristics of being
predominately of the breeds of the dogs known as Staffordshire Bull
Terrier, American Pit Bull Terrier or American Staffordshire Terrier.
A dog or cat shall be considered under restraint if it is
within a fully enclosed or fenced area, or under the handheld leash
of the owner or keeper agent of the owner or keeper, or on a leash
confining such dog to the yard of its owner or keeper.
Allowing a dog or cat to be off the private premise of the
owner or keeper, or his/her agent or servant and not on a leash or
confined to the arms, motor vehicle, trailer or other conveyance of
the owner or keeper, his/her agent or servant.
Physical injury that creates a substantial risk of death
or that causes serious disfigurement or protracted loss or impairment
of the function of any part of the body.
A female dog or cat certified by a licensed veterinarian
to have been spayed.
A person upon the premises of the owner or keeper of the
dog in question with license or privilege to be upon said premises.
Any dog running at large or a dog on the premises of its
owner or keeper but not confined to said premises by a leash, fence,
structure or other means that would prevent the dog from leaving such
premises.
[CC 1992 §240.070; Ord. No. 345 Art. II §3, 3-19-1984; Ord. No. 788 §1, 12-18-2006]
The provisions of this Article shall be enforced by the Department
of Police and by any Humane Officer of the City.
[CC 1992 §240.080; Ord. No. 345 Art. II §4, 3-19-1984; Ord. No. 788 §1, 12-18-2006]
Hospitals, clinics and other facilities operated by licensed
veterinarians for the care and treatment of animals are exempt from
all provisions of this Article.
[CC 1992 §240.110; Ord. No. 345 Art. II §7, 3-19-1984; Ord. No. 788 §1, 12-18-2006]
The owner or keeper shall confine any female dog or cat "in
heat" within a building in such a manner that the dog or cat will
not attract male dogs or cats or be accessible to other dogs or cats
except for planned breeding.
[CC 1992 §240.140; Ord. No. 345 Art. II §10, 3-19-1984; Ord. No. 788 §1, 12-18-2006]
A.
Howling, Barking, Yelping Or Fighting. Any owner or keeper
who permits his/her dog or cat, while tied or penned, to fight, howl,
bark or make other noises, held for a period of time so that such
fighting, howling, barking or yelping shall annoy or disturb any neighbor
or neighborhood, shall be deemed to be guilty of disturbing the peace
of another and, upon conviction, shall be punished as provided in
this Article.
B.
Prosecution Of Owner Or Keeper When Dog Or Cat Is At Large. Whenever a dog or cat is at large, the head of such residence or
family, or any adult living there, is hereby declared to be the owner
or keeper of said dog or cat and shall be charged with a violation
of this Chapter even though the dog or cat is not captured, and the
officer may, upon request, attempt to verify that said dog or cat
is being kept by such person as owner or keeper.
[Ord. No. 788 §1, 12-18-2006]
A.
For
purposes of this Chapter, a "vicious dog" means any
dog except one assisting a Peace Officer in law enforcement duties
which demonstrates any of the following behavior or traits:
1.
An attack which requires defensive action by any person to prevent
bodily injury or property damage when such person is conducting himself
or herself peacefully and lawfully.
2.
An attack which results in property damage or in an injury to a person
when such person is conducting himself or herself peacefully and lawfully.
3.
An attack on another animal or fowl which occurs on property other
than that of the owner of the attacking dog.
4.
Any behavior which constitutes a threat of bodily harm to a person
when such person is conducting himself or herself peacefully and lawfully.
5.
Any dog that has killed another dog, cat or other domestic animal
without provocation.
6.
Any pit bull dog.
7.
Any Rottweiler dog.
B.
For
the purposes of this Section, a person is conducting himself or herself
peacefully and lawfully upon the private property of the owner of
the dog when he or she is on such property in the performance of any
duty imposed on such person by Federal, State or local law or the
postal regulations of the United States, or when he or she is on such
property upon invitation, express or implied.
C.
Evidence
that may be considered in determining a dog is vicious may include,
but is not necessarily limited to, testimony of persons who have witnessed
the actual behavior of said dog, past incidents involving said dog,
size of the dog, the conditions in which the dog is kept, the training
given the dog and the breed of the dog.
D.
No
person shall permit a dog owned by him/her, or a dog upon any premise
occupied by him/her or under his/her control to demonstrate the behavior
of a vicious dog.
E.
A complaint
may be filed in Municipal Court by an Animal Control Officer, Police
Officer or any person aggrieved or threatened by a dog demonstrating
the behavior of a vicious dog.
F.
The
Chief of Police may require impoundment of a dog alleged to have demonstrated
the behavior of a dangerous dog after a complaint is filed if there
is evidence that the dog is an immediate threat to the public safety
or is causing a disruption in services to the persons occupying property
adjacent to the premises on which the dog is kept. Impoundment shall
be at a veterinarian hospital or a licensed kennel approved by Chief
of Police. Fees for impoundment must be paid at least every five (5)
business days or the dog will be deemed abandoned.
G.
A finding
of guilt by a judge under Subparagraph (E) shall be considered a determination
that the dog alleged in the complaint to have demonstrated the behavior
of a vicious dog is a vicious dog.
H.
Any dog determined to be vicious shall be maintained under the conditions outlined in Section 205.080.
I.
It shall be unlawful for any person to own or have upon property occupied by him/her or under his/her control a vicious animal not maintained as required in Section 205.080.
J.
Upon the filing of a Municipal Court complaint that a vicious dog is not being maintained as required in Section 205.080, the dog shall be impounded pending disposition of the complaint in the manner previously described in Subparagraph (F).
K.
A hearing
on any Municipal Court complaint filed under this Section shall be
set for the next designated court date.
[CC 1992 §240.130; Ord. No. 345 Art. II §9, 3-19-1984; Ord. No. 788 §1, 12-18-2006]
Any dangerous or vicious dog or any animals having dangerous
or vicious propensities and tendencies found at large after the owner
or keeper thereof has previous knowledge or notice that such dog or
animal is dangerous or vicious or has dangerous or vicious propensities
and tendencies, may be killed by any Police Officer of the City without
such officer having to catch or impound such dog.
[Ord. No. 788 §1, 12-18-2006]
A.
It
shall be unlawful to own, keep or harbor a vicious dog in the City
of Concordia except in accordance with the following provisions:
1.
Leash and muzzle. No person shall permit a vicious
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. No person shall
permit a vicious dog to be kept on a chain, rope or other type of
leash to inanimate objects such as trees, posts or buildings. In addition,
all vicious dogs on a leash outside its kennel or pen must be muzzled
by a muzzling device sufficient to prevent such dog from biting persons
or other animals.
2.
Confinement. All vicious dogs shall be securely
confined indoors or in a securely enclosed and locked pen or kennel,
except when leashed and muzzled as above provided. Such pen, kennel
or structure must have secure sides and a secure top attached to the
sides. All structures used to confine vicious dogs must be locked
with a key or combination lock when such dogs are within the structure.
Said structure must have a secure bottom or floor attached to the
sides of the pen or the sides of the pen must be imbedded in the ground
no less than two (2) feet. Also such structures must be adequately
lighted and ventilated and kept in a clean and sanitary condition.
3.
Confinement indoors. No vicious dog may be kept
on a porch, patio or 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 vicious
dogs within the City shall display in a prominent place on his/her
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 dog.
5.
The owner or keeper of a vicious dog shall present to the Animal
Control Unit 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 licensing
is sought. This policy shall contain a provision requiring the City
to be notified immediately by the insurance company of any cancellation,
termination, or expiration of the policy.
6.
The owner of a vicious dog shall give written notice to the Chief
of Police if the vicious dog is relocated to another premise in the
City.
[CC 1992 §240.150; Ord. No. 345 Art. II §11, 3-19-1984; Ord. No. 788 §1, 12-18-2006]
Any individual who shall hinder or obstruct an official in the
enforcement of this Article shall be guilty of an ordinance violation.
