[Ord. No. 767-98 §1, 8-3-1998]
As used in this Article, the following terms shall have these
prescribed meanings:
An officer or agent designated by the City of Kearney to
enforce this Article and may include a Police Officer.
Any animal having evidenced a disposition, propensity or
tendency to attack or bite any person or other animal without provocation;
or any animal which, without provocation, in a vicious or terrorizing
manner approaches any person in apparent attitude of attack upon the
streets, sidewalks, or any public grounds or places; or any animal
which is wild by nature and of a species which, due to size, vicious
nature or other characteristics, constitutes a danger to human life,
physical well-being or property; or any animal which has been found
to be vicious, dangerous, or a danger or menace to persons or other
animals by a court of law of another jurisdiction after a hearing
or upon a plea agreement is hereby deemed to be a dangerous animal.
For the purpose of this Article, where the official records of the
Animal Control Officer or the Police Department of this City or any
other jurisdiction establish that an animal has bitten any person
or other animal on one (1) or more separate occasions without provocation,
such evidence shall be prima facie evidence that said animal is a
dangerous animal. In making a determination as to whether an animal
is dangerous, elements that may be considered, but are not required
to be, are provocation, location of the event, reason for the attack,
whether the animal is acting protectively, whether the animal was
tormented or abused, the seriousness of an attack, and previous attacks.
The person having the right of property or custody of a dog
or animal or who keeps or harbors a dog or animal or knowingly permits
a dog or animal to remain on or about any premises occupied by that
person.
[Ord. No. 767-98 §2, 8-3-1998]
The provisions of this Article shall be enforced by Police and/or
Animal Control Officers.
[Ord. No. 767-98 §3, 8-3-1998]
A.
Every
animal that has bitten any person or persons shall be immediately
confined by the owner who shall promptly notify a Police Officer or
Animal Control Officer. The owners shall, upon demand by a Police
Officer or Animal Control Officer, surrender any such animal for quarantine
in the designated City pound or a licensed veterinary hospital and
shall be held responsible for all costs incurred during the quarantine
period. The animal must, in any event, be quarantined for ten (10)
days. The owner shall pay all boarding fees and costs of having his/her
animal vaccinated against rabies, if any, before release from the
kennel.
B.
When
bitten by a rabid animal, unvaccinated animals should be destroyed
immediately. If the owner is unwilling to have this done, the unvaccinated
animal shall be placed in strict isolation for six (6) months and
shall be vaccinated one (1) month before being released. The owner
shall pay the cost of the "strict isolation" and the vaccination.
[Ord. No. 767-98 §4, 8-3-1998]
Any Police Officer or Animal Control Officer is authorized to
enter any premises, other than the interior of any human residence
located thereon, where a dog or other animal is kept or harbored to
inspect conditions under which the dog or animal is kept and to require
the owner to exhibit a veterinarian tag for a dog. No person shall
hinder, molest or interfere with any Police Officer or Animal Control
Officer in the performance of his/her duties.
[Ord. No. 767-98 §5, 8-3-1998]
It is illegal to harbor or keep within the City of Kearney an
animal that is a "dangerous animal" or to own such an animal and allow
it to be kept or harbored within the City of Kearney.
[Ord. No. 767-98 §6, 8-3-1998]
A.
Upon the written complaint of any person that a person owns, or is keeping or harboring, within the City a dangerous animal in violation of this Article, the Animal Control Officer or Police Officer shall forthwith cause the matter to be investigated; and if, after investigation, the facts indicate the animal is a dangerous animal, and such person named in the complaint is, in fact, the owner of, or is keeping or harboring, any such dangerous animal in the City, the Animal Control Officer or Police Officer shall forthwith issue a general ordinance summons for a violation of Section 205.130 to such person owning or keeping or harboring said animal and give written notice to such person requiring such person to safely remove said animal from the City within three (3) days of the date of said notice.
B.
Notice as herein provided shall not be required where such dangerous animal has caused serious physical harm or death to any person or other animal or has escaped and is at large. In such case, the Animal Control Officer shall immediately issue a general ordinance summons to the person who owns or is keeping or harboring the animal for a violation of Section 205.130 and cause said animal to be immediately seized and impounded or killed if seizure or impoundment is not possible without risk of serious physical harm or death to any person. Impoundment may be in any animal shelter so designated by the person in charge of animal control. It is unlawful to fail to remove the animal within the three (3) day period and said failure shall constitute a violation of this Section.
[Ord. No. 767-98 §7, 8-3-1998]
A.
The Animal Control Officer or Police Officer shall forthwith cause to be seized and impounded any dangerous animal where the person owning, keeping or harboring such animal has failed to comply with the notice given pursuant to Section 205.140 and shall issue to said person a general ordinance summons for a violation of Section 205.140.
[Ord. No. 767-98 §8, 8-3-1998]
Any person found guilty of violating the provisions of this Article shall be punished by a fine of not more than five hundred dollars ($500.00) or imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment. The court shall have the power to order the impoundment, release, removal from the City, return to the City, or confinement by an individual of any animal seized, impounded, or the subject of a violation charge under Sections 205.130, 205.140 and 205.150 after a preliminary or final hearing on the merits. Nothing herein shall in any way restrict the initial seizure or impoundment pursuant to Sections 205.130, 205.140 and 205.150. Nothing herein confers a right to any preliminary hearing before the court on any issue. The court shall have the power to assess the costs of boarding any dangerous animal boarded by the City upon any conviction and cause said assessment to be paid.
[Ord. No. 767-98 §9, 8-3-1998]
Dogs which have not been vaccinated against rabies and have
not been issued a tag by a licensed veterinarian pursuant to this
Article; or dogs or animals who have allegedly been cruelly treated
or been abused by those in whose care they reside; or dogs or animals
that are sick or have been injured and require treatment and the owner
cannot be located; or dogs or other animals found not under restraint
may be seized and impounded by any Police or Animal Control Officer
and said dog or animal that has been impounded may be treated if necessary.
Impoundment may be in any animal shelter so designated by the person
in charge of animal control. The owner of the dog or animal shall
be responsible for the expenses of impoundment and/or treatment.
[Ord. No. 767-98 §10, 8-3-1998]
If a dog or other animal is not redeemed by the owner within
five (5) business days after impoundment, the dog or other animal
may be disposed of in one (1) of the following ways: Euthanasia, using
a method approved by the Humane Society of the United States; release
for adoption by a new owner who shows evidence of ability and intention
to provide the dog or other animal with an appropriate home and humane
care and who has the dog or other animal vaccinated against rabies
by a licensed veterinarian within forty-eight (48) hours. Proof of
said vaccination shall be submitted to the Animal Control Officer
within that time period.
[Ord. No. 767-98 §11, 8-3-1998]
A.
An owner of an animal impounded under Sections 205.130, 205.140 or 205.150 or the persons charged with a violation of any of said Sections may redeem the animal at any time after impoundment but shall not return said animal to the City of Kearney or allow said animal to remain within the City of Kearney unless and until said animal is found not to be dangerous by the Municipal Court of the City of Kearney or a higher court or until said court has authorized, by order, its return.
B.
Animals not redeemed shall be impounded until a decision is rendered by the court as to whether the animal is a dangerous animal. If the animal is adjudged a "dangerous animal" by the court and it is not redeemed with five (5) business days of the court's decision, the animal shall be disposed of in the manner set forth in Section 205.180.
[Ord. No. 1050-2006 §1, 8-9-2006; Ord. No. 1078-2007 §1, 7-2-2007]
A.
Prohibition — Definition. It shall be unlawful to
keep, harbor, own or in any way possess within the corporate limits
of the City of Kearney, Missouri, any pit bull dog; provided, that
pit bull dogs residing in the City on the date of passage of this
Section may be kept within the City subject to the standards and requirements
herein set forth. "Pit bull dog" is defined to mean:
1.
The bull terrier breed of dog;
2.
Staffordshire bull terrier breed of dog;
3.
The American pit bull terrier breed of dog;
4.
The American Staffordshire terrier breed of dog;
5.
Dogs of mixed breed or other breeds than above listed which breed
or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers;
6.
Any dog which has the appearance and characteristics of being predominantly
of the breeds of bull terrier, Staffordshire bull terrier, American
pit bull terrier, American Staffordshire terrier; any other breed
commonly known as pit bulls, pit bull dogs or pit bull terriers or
a combination of any of these breeds.
7.
A pit bull may be identified as any dog which exhibits those distinguishing
characteristics that substantially conform to the standards established
by the American Kennel Club or United Kennel Club as described in
the identification checklist which is on file in the City offices.
An identification using the above standards shall be prima facie proof
and create a rebuttable presumption that a dog is a pit bull.
B.
Standards For Keeping Already Resident Pit Bull Dogs. Pit
bull dogs residing in the City of Kearney at the time of passage of
this Section may be kept by their owners within the City, subject
to the following standards:
1.
Registration. Pit bull dogs residing in the City
at the time of passage of this Section must be registered with the
City by the owners within ten (10) days of the passage of this Section.
2.
Leash and muzzle. No person shall permit a pit bull
dog to go outside its kennel or pen unless such a dog is securely
leashed with a leash no longer than four (4) feet in length. No person
shall permit a pit bull dog to be kept on a chain, rope or other type
of leash outside its kennel or pen unless a person is in physical
control of the leash. Such dogs may not be leashed to inanimate objects
such as trees, posts, buildings, etc. In addition, all pit bull dogs
on a leash outside the animal's kennel must be muzzled by a muzzling
device sufficient to prevent such dog from biting persons or other
animals.
3.
Confinement. All pit bull 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 pit bull dogs must be locked
with a key or combination lock when such animals are within the structure.
Such structure must have a secure bottom or floor attached to the
sides of the pen or the sides of the pen must be embedded in the ground
no less than two (2) feet. All structures erected to house pit bull
dogs must comply with all zoning and building regulations of the City.
All such structures must be adequately lighted and ventilated and
kept in a clean and sanitary condition.
4.
Confinement indoors. No pit bull dog may be kept
on a porch, patio or in 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.
5.
Signs. All owners, keepers or harborers of pit bull
dogs within the City shall within ten (10) days of the effective date
of this Section display in a prominent place on their premises a sign
easily readable by the public using the words "Beware of Dog —
Pit Bull". In addition, a similar sign is required to be posted on
the kennel or pen of such animal.
6.
Insurance. All owners, keepers or harborers of pit
bull dogs must within ten (10) days of the effective date of this
Section provide proof to the City of Kearney of public liability insurance
in a single incident amount of three hundred thousand dollars ($300,000.00)
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. Such insurance policy shall
provide that no cancellation of the policy will be made unless ten
(10) days' written notice is first given to the City of Kearney.
7.
Identification photographs. All owners, keepers
or harborers of registered pit bull dogs must within ten (10) days
of the effective date of this Section provide to the Deputy City Clerk
two (2) color photographs (two (2) different poses) of the animal
clearly showing the color and approximate size of the animal.
8.
Reporting requirements. All owners, keepers or harborers
of pit bull dogs must within ten (10) days of the incident report
the following information in writing to the Deputy City Clerk as required
hereinafter:
9.
Sale or transfer of ownership prohibited. No person
shall sell, barter or in any other way dispose of a pit bull dog registered
with the City to any person within the City unless the recipient person
resides permanently in the same household and on the same premises
as the registered owner of such dog; provided, that the registered
owner of a pit bull dog may sell or otherwise dispose of a pit bull
dog or the offspring of such dog to persons who do not reside within
the City.
10.
Animals born of pit bull dogs. All offspring born
of pit bull dogs registered with the City must be removed from the
City within six (6) weeks of the birth of such animal.
11.
Irrebuttable presumptions. There shall be an irrebuttable
presumption that any dog registered with the City as a pit bull dog
or any of those breeds prohibited by this Article is in fact a dog
subject to the requirements of this Section.
12.
Failure to comply. It shall be unlawful for the
owner, keeper or harborer of a pit bull dog registered with the City
of Kearney to fail to comply with the requirements and conditions
set forth in this Section. Any dog found to be the subject of a violation
of this Section shall be subject to immediate seizure and impoundment.
In addition, failure to comply will result in the revocation of the
license of such animal resulting in the immediate removal of the animal
from the City.
C.
Penalty For Violation Of This Section Shall Be Provided In Section 205.160: Penalties. Any person found guilty of violating the provisions of this Section shall be punished by a fine of not more than five hundred dollars ($500.00) or imprisonment not exceeding ninety (90) days or by both such fine and imprisonment. The court shall have the power to order the impoundment, release, removal from the City, return to the City or confinement by an individual of any animal seized, impounded or the subject of a violation charge under Sections 205.130, 205.140 and 205.150 after a preliminary or final hearing on the merits. Nothing herein shall in any way restrict the initial seizure or impoundment pursuant to Sections 205.130, 205.140 and 205.150. Nothing herein confers a right to any preliminary hearing before the court on any issue. The court shall have the power to assess the costs of boarding any dangerous animal boarded by the City upon any conviction and cause said assessment to be paid.
