[Ord. No. 191 §I, 10-9-1967]
As used in this Chapter, the following terms mean:
DOG
A dog of either sex if over the age of four (4) months.
EXPOSED TO RABIES
When bitten by, or fought with, or has come in close contact
with a dog or other animal shown to be infected with the rabies virus
as determined by standard laboratory testing.
OWNER
Any person, group of persons or corporation owning, keeping
or harboring a dog or dogs.
RESTRAINT
A dog is under restraint if it is under the immediate and
effective control of a responsible person provided, however, that
if such a dog is not within an enclosed place on its owner's premises
or other premises with the consent of the owner of such premises or
securely tied on its owner's premises or other premises with the consent
of the owner of such premises. "Immediate and effective control" shall be construed to mean that a responsible person must be in
a position to see and control the dog.
SPAYED FEMALE DOG
A female dog certified by a licensed veterinarian to have
been spayed.
[Ord. No. 191 §II, 10-9-1967; Ord.
No. 1523-2023, 4-3-2023]
A. The
provisions of this Chapter shall be enforced by the Chief of Police
of Kearney, Missouri, or such members of the Police Department of
Kearney, Missouri, as shall be available, or other authorized City
official.
B. For
the purpose of discharging the duties imposed by this Chapter and
to enforce its provisions, the Chief of Police of Kearney, Missouri,
or any Police Officer, or any other authorized City official, is empowered
to enter upon any premises upon which a dog is kept or harbored and
to demand the exhibition by the owner of such dog of the license for
such dog. It is further provided that any such City official acting
in their official capacity may enter the premises where any animal
is kept in a reportedly cruel or inhumane manner and demand to examine
such animal and to take possession of same when in his/her opinion
it requires humane treatment.
[Ord. No. 191 §III, 10-9-1967; Ord. No. 413-84, 4-16-1984]
A. Every
person or persons who shall keep or harbor one (1) or more dogs within
the City of Kearney, Missouri, except kennel operators as hereinafter
defined, shall pay an annual license tax in the amount of seven dollars
fifty cents ($7.50) for each dog, except that the license tax for
each unspayed female shall be ten dollars ($10.00) annual tax.
B. The
City Clerk shall not issue the license herein required unless there
is presented to him/her a signed certificate of a qualified veterinarian
admitted to practice in the State of Missouri showing that the dog
for which the license is to be issued has been inoculated or vaccinated
against hydrophobia or rabies within six (6) months prior to the date
of such application.
C. No
fee shall be required for a dog (but not more than one (1)) owned
by a blind person or persons sixty-five (65) years or older. Proof
of blindness or age may be made in the form of an affidavit to be
signed by the person applying for such license. Such affidavit if
based on blindness shall recite that the applicant does not have vision
greater than what is known as light perception as such term is used
within the meaning of those persons qualified to obtain a blind pension
as outlined in the State of Missouri Statutes. All other provisions
of this Chapter shall remain in full force and effect as to such persons.
In the event of a transfer in ownership to a person who is not blind
or sixty-five (65) years or older, immediate application for a license
is required.
D. It
shall be the duty of the City Clerk to purchase for the City as many
dog license blanks as the Chief of Police may estimate to be necessary
for that year and to deliver a blank to each person paying for one
(1) or more licenses. Such blank to be signed by the City Clerk and
the Seal of the City affixed thereto.
E. Kennels.
1. Kennel owners or breeders shall obtain a kennel license upon payment
of fifteen dollars ($15.00). An affidavit, together with the application
for license, shall be presented setting forth and describing the kennel
or breeding operation for which such license is sought. If such application
is by a person who is a bona fide kennel owner or breeder of dogs
and provide that all dogs kept in connection with such operation and
not licensed as otherwise provided herein are kept upon the applicant's
premises at all times, such payment shall be exclusive of any other
fees mentioned.
2. Such kennel license shall be issued for one (1) year beginning on
the first (1st) day of June of each calendar year in the year of operation.
The operator may apply for the license in June without penalty or
delay when an application which should have been made by June thirtieth
(30th) is not made until after said date, the appropriate license
fee shall be increased by fifty percent (50%). If an operation shall
commence after June thirtieth (30th), then the license fee for the
year of commencement may be prorated to the nearest quarter and the
fifty percent (50%) penalty for delinquency shall be added thirty
(30) days after the date the license should have been procured.
F. It
shall be the duty of each person purchasing such license to cause
a tag to be put upon the neck of the dog for which license is purchased,
said tag to bear a number corresponding to the number of the license
issued.
[Ord. No. 1523-2023, 4-3-2023]
G. The
license herein required shall be purchased on or before the first
(1st) day of June of each calendar year except for dogs acquired after
such date on which tax must be paid in ten (10) days of the acquisition
of the dog and the license tax prorated then to the nearest quarter.
[Ord. No. 191 §IV, 10-9-1967; Ord. No. 350, 3-19-1979; Ord. No.
587-92 §1, 10-19-1992]
A. It
shall be the duty of the Chief of Police or any person authorized
by him/her, or any other authorized City official, to capture all
dogs running at large within the City limits upon which the license
fee shall have not been paid. If the same are not claimed within five
(5) days from date of said capture, the required license not paid,
then the Chief of Police or other authorized officer is directed to
destroy or release for adoption such unclaimed or unlicensed dog.
[Ord. No. 1523-2023, 4-3-2023]
B. Dogs
not licensed pursuant to this Chapter or found not under restraint
or abandoned may be seized and impounded by any Police Officer or
authorized agent of the City and the owner of any dog captured and
restrained by any Police Officer or authorized agent shall pay twenty-five
dollars ($25.00) for the cost of such capture and five dollars ($5.00)
a day for each day of restraint.
[Ord. No. 191 §V, 10-9-1967; Ord. No. 1178-2011 §1, 10-17-2011]
A. The
owner, keeper or person harboring such female dogs shall confine the
same in heat within a building in such manner that the dog will not
be accessible to other dogs except for planned breeding and will not
attract male dogs. If any such female dog is found running at large,
the Chief of Police or other authorized Police personnel, or any other
authorized City official, may capture, restrain and impound the same
under the same penalties and the same charges heretofore designated
for dogs without license.
[Ord. No. 1523-2023, 4-3-2023]
B. The
owner of a dog shall provide it with humane shelter from heat, cold,
wind and snow and shall give it food, water adequate to keep the animal
in good health and comfort. Doghouses and kennels must be soundly
constructed, dry and provided in cold weather with clean bedding.
All dogs must be given opportunity for vigorous daily exercise and
must be provided by the owners with veterinary care when needed to
prevent suffering. No owner shall permit a dog to habitually bark,
howl, or in other ways to be a public nuisance. The word "dog", as used in this Section, shall be held and construed to mean all
animals of the canine species, both male and female.
C. No
person shall kill a rabid animal, whether dog or otherwise, exposed
to rabies nor remove such an animal from the City limits without permission
from the Chief of Police or authorized Police personnel except when
it is necessary to kill such animal to prevent it from escaping or
from biting any other animal or person. The body of any animal dead
of rabies or been exposed to rabies prior to death shall be surrendered
by the owner upon demand of the Chief of Police or authorized Police
personnel to the City of Kearney.
[Ord. No. 191 §VI, 10-9-1967]
Hospitals, clinics and other facilities operated by a licensed
veterinarian for the care and treatment of animals within the City
limits of the City of Kearney are exempt from all provisions of this
Chapter except those Sections referring to the care of dog, female
dogs in heat, and those in connection with the care and treatment
of dogs suspected of rabies or having died from rabies. The licensing
provisions of the Chapter shall not apply to non-residents of the
City unless they keep a dog within the City for more than thirty (30)
days.
[Ord. No. 191 §VII, 10-9-1967]
Except for kennel owners or breeders, no owner or family shall
own, keep or harbor more than three (3) dogs over the age of four
(4) months. Not more than three (3) such dogs shall be allowed in
any single household.
[Ord. No. 191 §VIII, 10-9-1967]
Any person, group of persons or corporation violating any Section
of this Chapter shall be deemed guilty of an ordinance violation and
shall be punished by a fine of not less than one dollar ($1.00) and
not more than ninety dollars ($90.00). If such violation be continuing,
each day's violation shall be a separate ordinance violation.