Cross Reference: As to additional animal regulations, including housing of poultry, exotic or dangerous wild animals and cruelty to animals, Ch. 240.
[R.O. 1991 § 235.010; Ord. No. 2923-15 §§ 1 — 2, 5-19-2015[1]]
Definitions of terms as used in this
Chapter, unless the context otherwise indicates, are as follows:
Any instance where the owner or keeper leaves a dog or cat
without demonstrated or apparent intent to recover or to resume custody;
or leaves a dog or cat for more than twelve (12) hours without providing
for adequate food, water and shelter for the duration of the absence;
or turns out or releases a dog or cat; or dumps or releases a dog
or cat from a vehicle.
Off the premises of the owner and not under the control of
the owner or a member of his/her immediate family by leash, cord,
chain or otherwise.
Both male and female felines.
Any facility designated by the City for the impounding of
dogs or cats.
Both male and female canines.
Any noise produced by an animal which is so loud and continuous
or untimely as to disturb a neighbor.
An individual residing in a residence structure which is
within one hundred (100) yards of the property on which the animal
is kept or harbored and who does in writing state that he/she will
testify under oath to the animal making excessive noise.
Any person or persons, firm, association or corporation owning,
keeping or harboring a dog or cat.
[Ord.
No. 2936-15 § 1, 10-20-2015[2]]
Any animal (or group of animals which
contains any animal) which:
Molests any passerby or chases passing
vehicles, including bicycles.
Attacks any other dog or cat.
Is in heat and not properly confined
as provided in this Chapter.
Damages public or private property.
Barks, whines, howls, meows or creates
any other disturbance which is continuous or untimely so as to disturb
an individual who is a neighbor and who does, in writing, state that
he/she will testify if called upon to testify about such matter under
oath. For purposes of this Subsection, a "neighbor" is defined as
an individual residing in a residential structure which is within
one hundred (100) yards of the property on which the animal is kept
or harbored.
Is on public property without a permit
or which obstructs or interferes with vehicular or pedestrian traffic.
Causes injury to a person.
Threatens or causes a condition which
endangers public health or safety.
Impedes refuse collection by ripping
any bag or tipping any container of refuse.
Any animal or fowl which defecates
on public or private property other than that of the owner, keeper
or harborer.
Any animal secured by a leash or lead or under control of
a responsible person and obedient to that person's commands.
Any dog or cat whose owner is not known or is not discernible.
Any dog that constitutes a physical threat to human beings
or other animals. Any dog, except one assisting a Peace Officer in
law enforcement duties, which demonstrates the following behavior:
An attack which requires a defensive
action by any person to prevent bodily injury or property damage when
such person is conducting himself or herself peacefully and lawfully.
An attack which results in property
damage or in an injury to a person when such a person is conducting
himself or herself peacefully and lawfully.
An attack on another animal, livestock
or poultry which occurs on property other than that of the owner of
the attacking dog.
Any behavior which constitutes a
threat of bodily harm to a person when such person is conducting himself
or herself peacefully and lawfully.
[1]
Editor's Note: Section 1 of this ordinance
repealed former Ch. 235, Dog and Cat Regulations, adopted 9-15-1983
by Ord. No. 903, as amended. Section 3 of this ordinance provided
an effective date of 11-1-2015.
[2]
Editor's Note: Section 2 of Ord. No. 2936-15
also provided an effective date of 11-1-2015.
[R.O. 1991 § 235.020; Ord. No. 2923-15 §§ 1 — 2, 5-19-2015]
Unless otherwise provided in this
Section, it shall be the duty of the City Administrator, or his or
her designated representative, to enforce and administer the terms
and provisions of this Chapter, and in carrying out such duty and
responsibility shall have the authority to establish, maintain and
operate a City pound; and to perform such other duties and possess
such authority as may be necessary to effectively carry out, administer
and enforce the terms and provisions of this Chapter; and/or contract
with organizations to perform duties deemed necessary for the enforcement
of this Chapter.
[R.O. 1991 § 235.030; Ord. No. 2923-15 §§ 1 — 2, 5-19-2015]
A.
The City Administrator, or designated representative,
may authorize the issuance of license tags and the collection of user
fees owed the City for licensure by persons, corporations and veterinarians.
Persons, corporations and veterinarians may be authorized to issue
tags and collect fees pursuant to this Section regardless of whether
they are located inside or outside the territorial jurisdiction of
the City.
[Ord. No. 2935-15, 10-20-2015]
B.
Any person, corporation or veterinarian
issuing a license tag pursuant to this Section shall collect the user
fee specified in this Chapter and retain a handling fee of three percent
(3%) to recover the cost incurred by the person, corporation or veterinarian
in issuing the tag. No monies in excess of the user fee shall be collected
for issuing a pet license tag. All user fees collected pursuant to
this Section shall be deposited into the City treasury.
[R.O. 1991 § 235.040; Ord. No. 2923-15 §§ 1 — 2, 5-19-2015]
A.
It shall be the duty of every person owning,
keeping or harboring in the City any dog over six (6) months of age
to procure a license. The receipt issued for the license shall constitute
a certificate of registry and evidence of licensure for the keeping
of such dog within the City. No refund will be made for licenses for
dogs deceased or otherwise removed from the City during a period of
licensure.
B.
Any other Section of this Chapter notwithstanding,
the licensing provisions of this Chapter shall not apply to any non-resident
owner or keeper of a dog while such non-resident is passing through
the City, provided such dog shall remain on a leash or otherwise effectively
physically restrained, as in a closed vehicle.
C.
For the issuance of each dog license required
by this Chapter, the owner or keeper shall pay to the City such license
fee as is provided for in this Chapter, except that, when any such
owner, keeper or other applicant for such license shall submit such
proof as may be required by the Commissioner of Revenue that a dog
is fully trained as a guide dog or a hearing dog and is regularly
used in the service of a blind or deaf person, or that a dog is fully
trained as a service dog, as defined in Section 209.150(4), RSMo.,
for physically disabled persons, or that a dog is owned by a governmental
unit, but instead shall be registered as such.
D.
The license required pursuant to this Chapter
shall be sold and due in the same month that such license was purchased
in the previous one-year licensing period. The license tag shall indicate
the year when the license expires.
E.
Before any license or tag for a dog is
issued, the owner or keeper thereof shall file a certificate from
a licensed veterinarian showing that the dog is properly immunized
against rabies in accordance with the Compendium of Animal Rabies
Prevention and Control issued annually by the National Association
of State Public Health Veterinarians (NASPHV).
[R.O. 1991 § 235.050; Ord. No. 2923-15 §§ 1 — 2, 5-19-2015]
A.
No owner or keeper of any dog shall allow
or permit such dog to be outside the residence of the owner or keeper,
at any time other than when enclosed on all sides in a cage or covered
run with a roof and bottom, without having attached to a collar about
the neck of such dog or to a secure body harness the license tag provided
for in this Chapter except when such dog is being handled in the course
of an organized dog training or exhibition program.
B.
No person shall remove, or cause to be
removed, the collar, harness or the license tag from any licensed
dog without the consent of the owner or keeper thereof.
[R.O. 1991 § 235.060; Ord. No. 2923-15 §§ 1 — 2, 5-19-2015]
It shall be unlawful and a public
nuisance for any person in charge of a residence to keep or allow
to be kept more than six (6) licensed dogs or six (6) cats, or any
combination of such animals exceeding six (6) in number at such residence.
[R.O. 1991 § 235.070; Ord. No. 2923-15 §§ 1 — 2, 5-19-2015]
A.
Adequate Care. No owner, keeper or harborer
of an animal shall fail to provide the animal with adequate care,
adequate food, adequate water, adequate health care and adequate shelter.
Such shelter shall be clean, dry, shaded and compatible with the condition,
age and species. An animal must also have the opportunity for adequate
daily exercise as determined by the Supervisor of Animal Health and
Public Safety. This requires that an owner, keeper or harborer must
offer some freedom from continuous chaining, stabling and tethering.
Any restraint placed on an animal must be such that it prevents the
animal from being tangled or injured by the restraint. Grooming of
animals is also required so that they are free from dangerous matting
which can affect their health. The area where animals are kept must
also be kept free from unsanitary conditions, vermin-harboring debris,
junk or any other dangerous protuberances which can provide an opportunity
for injury or a danger to the animal's health.
B.
Abuse. No person shall beat, cruelly ill
treat, torment, tease, overload, overwork or otherwise abuse an animal.
C.
Inspection Of Adequate Care Or Abuse. Any
owner, keeper or harborer of an animal in this City, by the act of
owning, keeping or harboring such animal, does thereby authorize the
Supervisor of Animal Health and Public Safety to enter the yard where
such animal is kept if the Supervisor of Animal Health and Public
Safety reasonably believes that the animal is kept in an unlawful,
negligent, cruel, abusive or inhumane manner, and to examine such
animal and to seize and impound such animal at the municipal animal
shelter when, in the examiner's opinion, it is being kept in an unlawful,
negligent, cruel, abusive or inhumane manner. If an Animal Health
and Public Safety Officer cannot view and observe the animal in plain
sight, the owner, keeper or harborer, upon request, must exhibit for
inspection any and all animals which are not in plain sight but are
on or inside the premises.
D.
Rescue Of Animals Left In Vehicle Under
Dangerous Weather Conditions. Whenever any animal is found confined
in a motor vehicle in a public place under weather conditions that
endanger its life as determined by Police, the Police are hereby authorized
to enter such vehicle and rescue such animal and thereafter impound
the animal in accordance with this Chapter. A prominent written notice
shall be left on or in the vehicle advising that the animal has been
removed and impounded under the authority of this Chapter. If the
Police are required to forcibly enter a vehicle to rescue the animal,
and the vehicle can no longer be secured, the Police shall cause the
vehicle to be towed. In no event shall the Police be liable to the
animal's owner for damage to the animal, nor liable to the vehicle's
owner for tow fees, storage fees or damage to the vehicle when the
Police act pursuant to this provision.
[R.O. 1991 § 235.080; Ord. No. 2923-15 §§ 1 — 2, 5-19-2015]
It shall be unlawful for the owner
of any dog or cat to abandon such dog or cat within the corporate
limits of the City of Smithville for any reason.
[R.O. 1991 § 235.090; Ord. No. 2923-15 §§ 1 — 2, 5-19-2015]
Every person lawfully keeping or
harboring any dog or cat shall keep or cause to be kept all manure
or offal therefrom, which shall be deposited or accumulated from such
animal, securely and closely confined in such manner as will prevent
it from being scattered from such place of deposit, into or upon any
street, sidewalk, alley or gutter of the City and shall so care for
it as to prevent any malodorous or offensive condition to exist and
to prevent any nuisance to arise therefrom.
[R.O. 1991 § 235.100; Ord. No. 2923-15 §§ 1 — 2, 5-19-2015]
A.
It shall be unlawful for any person owning,
keeping or harboring any dog to permit, suffer or allow the dog to
run at large within the City.
B.
It shall be unlawful for any owner, keeper
or harborer of a dog to allow said dog to be restrained in any such
manner as to allow the animal to be upon the private property of another
person without that person's permission. In duplexes, triplexes, fourplexes,
townhouses, apartment buildings and all such other residential structures
where more than one (1) party occupies a property, no animal may be
leashed, chained, fenced or otherwise restrained in a common-ground
area shared by more than one (1) tenant.
C.
A legally blind, deaf or physically disabled
person using a guide, hearing or service dog in the customary manner
shall be deemed to be in compliance with this Section.
D.
Official use of dogs by any governmental
unit shall be deemed in compliance with this Section.
[R.O. 1991 § 235.110; Ord. No. 2923-15 §§ 1 — 2, 5-19-2015]
No person shall own or keep any animal
which by making excessive noise disturbs a neighbor. If a general
ordinance summons is issued charging violation of this Section, a
subpoena shall also be issued to the disturbed neighbor to testify
in the matter.
[R.O. 1991 § 235.120; Ord. No. 2923-15 §§ 1 — 2, 5-19-2015]
A.
It shall be unlawful for any person to
own or allow to be upon any premises occupied by him/her or under
his/her control any dog of a dangerous, vicious or ferocious disposition
without such dog being confined to and within the property lines of
the premises of such person behind a fence or within an enclosure
from which it cannot escape or securely fastened to a chain limiting
the movement of such dog to an area ten (10) feet within the property
lines of the premises of such person.
B.
Persons required to confine and control
dogs of dangerous, vicious or ferocious disposition shall post a sign
with letters at least two (2) inches high containing the following
words: "Beware of Dog" at the place of confinement of such dog as
to warn the public of the nature of the animal so confined.
C.
If a Police Officer shall be notified of
a dog of a dangerous, vicious or ferocious disposition and upon investigation
shall find such a dog not within a fully enclosed or fenced area from
which it cannot escape, or not on a leash or tether of sufficient
strength to confine the dog to the yard or premises of the owner,
the dog shall be captured and impounded or killed by a Police Officer.
Identification of the dog as the subject of the notification shall
be made as is practical under the circumstances. Before killing said
dog, the Police Officer shall first determine if capture and impoundment
of the dog is reasonable. If capture and impoundment of the dog is
reasonable, the dog shall be captured and impounded pending resolution
of the matter in Municipal Court. If capture of the dog is determined
to be unreasonable, a Police Officer shall have full authority to
kill the dog. However, the Police Officer shall not put himself/herself
in any position of danger of being attacked. If the Police Officer
shall determine the dog to be a dog of dangerous, vicious or ferocious
disposition and shall find such dog to be fastened to a leash or tether
that permits the dog to come within ten (10) feet of the property
lines of the premises, the dog shall be captured and impounded pending
resolution of the matter in Municipal Court but the dog shall not
be killed. Identification of the dog as one of a dangerous, ferocious
or vicious disposition shall include an independent appraisal of the
disposition of the dog by the Police Officer as is practical under
the circumstances.
D.
Persons aggrieved or threatened by a dog
of a dangerous, ferocious or vicious disposition may file a written
complaint with the Police Department requesting an order declaring
the dog to be of a dangerous, ferocious or vicious disposition. If
an owner of said accused dog can be reasonably located, the owner
shall be notified in writing by certified mail of said complaint and
the date of the hearing. If an owner cannot be reasonably located,
notice of the complaint and the date of the hearing shall be given
by publication once a week for two (2) consecutive weeks in a newspaper
of general circulation within the City of Smithville. Upon receipt
of the complaint, if the Municipal Court determines that the dog is
of a dangerous, vicious or ferocious disposition as defined by this
Chapter, the Municipal Court shall:
1.
Issue an order declaring the dog
to be a dog of a dangerous, vicious or ferocious disposition; and
2.
Issue an order requiring that the
dog be captured and impounded or killed if capture is unreasonable,
if said dog is found not confined to and within the property lines
of the premises of the owner behind a fence or within an enclosure
from which it cannot escape, or not securely fastened to a chain limiting
the movements of such dog to an area ten (10) feet within the property
lines of the premises of such person after the date of the order,
except that, if the dog is found securely fastened to a chain which
permits the dog to come within ten (10) feet of the property lines
of the premises, the dog shall be captured and impounded but not killed;
or
3.
Adopt a plan proposed by the owner
and acceptable to the Municipal Court for control or removal of the
dog as a threat or grievance. The court shall withhold further action
while said plan is executed. If the plan is executed, the court may
dismiss the complaint; or
4.
If the court shall determine that
the subject dog should be immediately destroyed, the court shall order
the dog to be destroyed.
E.
Any dog owner aggrieved by an order of
the court may appeal such order pursuant to Chapter 536, RSMo.
F.
Police Officers of the City of Smithville
have the authority to destroy any vicious dog attacking any person
or in self-defense while performing their duties in the line of animal
control.
[R.O. 1991 § 235.130; Ord. No. 2923-15 §§ 1 — 2, 5-19-2015]
A.
Pursuant to Section 273.036, RSMo., the
owner or possessor of any dog that bites, without provocation, any
person while such person is on public property, or lawfully on private
property, including the property of the owner or possessor of the
dog, is strictly liable for damages suffered by persons bitten, regardless
of the former viciousness of the dog or the owner's or possessor's
knowledge of such viciousness. Owners and possessors of dogs shall
also be strictly liable for any damage to property or livestock proximately
caused by their dogs. If it is determined that the damaged party had
fault in the incident, any damages owed by the owner or possessor
of the biting dog shall be reduced by the same percentage that the
damaged party's fault contributed to the incident.
B.
Should any person be bitten by a dog or
cat, upon the written complaint to a Police Officer, such dog or cat
immediately shall be placed in the City pound or any reputable animal
hospital for a period of ten (10) days for observation. If the owner
of such dog or cat wishes it to be held in an animal hospital, he/she
shall make request in writing to the officer taking care of such dog
or cat, and the officer may deliver the dog or cat to a reputable
animal hospital after arrangements for the expense of caring for and
keeping such dog or cat are agreed upon by the owner of the dog or
cat and the management of the animal hospital. If such dog or cat
be placed in an animal hospital and is found to be in normal health
after ten (10) days, the owner may redeem such dog or cat by paying
all fees due the animal hospital and all other fees herein provided
for. If such dog or cat be placed in the City pound and is found to
be in normal health after ten (10) days, the owner may redeem such
dog or cat after paying required fees. If the owner does not redeem
such dog or cat after ten (10) days, it may be transferred to an organization
for charitable purposes.
C.
It shall be unlawful for the owner, keeper
or person harboring the animal involved in such incident to release
it from his/her custody or to hide or conceal such animal or to take
or allow such animal to be taken beyond the limits of the City, until
the period of confinement and observation required in this Section
is completed. The owner or keeper of such an animal involved in an
incident shall be liable for the cost of confinement and observation
or confinement other than described in this Section as a licensed
veterinarian finds medically appropriate, providing such animal will
be controlled and observed in accordance with the owner's signed agreement,
but only if such dog or cat has a current vaccination for rabies and
is duly licensed as provided by this Chapter. Exceptions to such confinement
requirement may be granted in the following cases: if the investigating
officer determines that the incident occurred while the animal involved
was confined and legally kept upon the property of the owner; the
person injured was upon the property without the express or implied
consent of the owner and was not there performing functions of a job;
or other circumstances exist which in the judgment of the supervisor
create an exceptional situation.
[R.O. 1991 § 235.140; Ord. No. 2923-15 §§ 1 — 2, 5-19-2015]
A.
If a dog or cat is believed to have rabies
or has been bitten by a dog or other animal suspected of having rabies,
such dog or cat shall be placed under the observation of a licensed
veterinarian at the expense of the owner for a period of ten (10)
days. If, after impoundment in a veterinarian clinic or hospital,
a licensed veterinarian diagnoses an animal to be rabid, it shall
be at the discretion of such veterinarian whether to continue kenneling
the animal until death or to euthanize the animal, either of which
at the owners' expense. In either case, the veterinarian shall have
the animal tested by means prescribed by State law for final determination
of rabies, at the owners' expense.
B.
It shall be unlawful for any person knowing
or suspecting a dog or cat has rabies to allow such dog or cat to
be taken off his/her premises beyond the limits of the City. Every
owner or other person, upon ascertaining a dog or cat is rabid, shall
immediately report it to the Police.
C.
If any dangerous, fierce or vicious dog
or cat believed to be rabid cannot be safely captured or prevented
from escaping by usual means, such dog or cat may be slain by a Police
Officer if such is the officer's judgment. In all cases where such
animal may have exposed a person to rabies and is slain before the
completion of the observation period stipulated, it shall be the duty
of any person slaying such animal to forthwith deliver or cause to
be delivered all the remains of such animal to a veterinarian clinic
or hospital, where a licensed veterinarian shall have the animal tested
by means prescribed by State law for final determination of rabies.
[R.O. 1991 § 235.150; Ord. No. 2923-15 §§ 1 — 2, 5-19-2015]
A.
Any unrestrained dog or any animal defined
as a public nuisance by this Chapter may be taken by the Police and
impounded at a designated holding place and be there confined in a
humane manner pending further action pursuant to this Chapter or other
law. If an owner or keeper is present, in lieu of impoundment a general
ordinance summons may be issued to that person, and such person may
retain possession of the animal if it is the belief of the officer
issuing such summons that such possession is not in conflict with
any other Section of this Chapter.
B.
Whenever any animal is confined by authority
of this Chapter, release of the animal is contingent upon satisfactory
proof that the party claiming the animal is entitled to possession
thereof and upon payment to the City Treasury of all applicable fees
that may be required by this Chapter. The fee for the care of any
animal during the period of impoundment shall be at the rate specified
in this Chapter; however, such fee shall be increased by the actual
amount of any unusual expenses incurred in either the impoundment
or the care of the animal. An owner or keeper must pay these fees
in full to obtain custody of the animal, but this payment is not required
for animal adoption. However, if an animal is deemed to be vicious
or a danger to the public health and safety, the Supervisor of Animal
Health and Public Safety may retain such animal and refuse redemption
or sale of such animal, and dispose of such animal in a humane fashion.
C.
An owner of an impounded dog must pay in
full all incurred fees before redemption is allowed. If the owner
of an impounded dog does not pay such fees after a minimum of one
(1) week from the time such dog is confined in the City pound, the
dog may be placed available for adoption or be transferred to an organization
for charitable purposes. If evidence indicates that a person has abused
or neglected the animal or has been convicted of animal abuse or severe
neglect, or more than three (3) other animal violations, within a
five-year period, the supervisor may refuse to redeem a pet to such
a person based on his/her being an unfit owner.
D.
If it is determined by a licensed veterinarian
that the impounded animal is diseased or disabled beyond recovery,
human compassion requires that the suffering be promptly ended. In
such instance such time period shall not apply, and the animal will
be humanely euthanized to prevent needless suffering.
E.
No animal will be given to the custody
of a person who, in the judgment of the Supervisor, is requesting
the animal with the intent to transfer ownership, sell it, or use
it for laboratory or experimental purposes. The transfer of ownership
restrictions do not apply when, at the discretion of the Supervisor,
an animal is given to a not-for-profit charitable organization incorporated
in the State which has as part of its mission the placement of animals
in a good home. Any such organization shall comply with all the requirements
set forth in this Chapter regarding the spaying or neutering, vaccination,
and licensing of animals.
F.
Pursuant to Section 273.403, RSMo., provisions
shall be made for the sterilization of all dogs and cats released
for adoption. All costs of sterilization shall be paid by the prospective
adopter or purchaser, unless otherwise provided.
[R.O. 1991 § 235.160; Ord. No. 2923-15 §§ 1 — 2, 5-19-2015]
After the impoundment of any animal
where a general ordinance summons has not been issued to the owner
or keeper, the owner shall be promptly notified, if the owner can
be determined and located by reasonable investigation. The owner of
an impounded animal who does not redeem his or her animal may still
be proceeded against for violation of any applicable Section of this
Chapter or any other applicable ordinance.
[R.O. 1991 § 235.170; Ord. No. 2923-15 §§ 1 — 2, 5-19-2015]
A.
Any person violating any provision of this Chapter shall be deemed guilty of an ordinance violation, and upon conviction shall be punished as set out in Section 100.220.
B.
All fees imposed by this Section are owed
the City when due and may be recovered by the City as any other debt
is recoverable.
[R.O. 1991 § 235.180; Ord. No. 2923-15 §§ 1 — 2, 5-19-2015]
Fees authorized in this Chapter shall
be approved in the schedule of fees adopted by the Board of Aldermen
on an annual basis.
