[R.O. 2006 §205.010; Ord. No. 421 §1, 8-3-1982; Ord.
No. 2354, 6-20-2017; Ord. No. 2677, 5-17-2022]
As used in this Article, unless the context otherwise indicates,
the following words shall have the meanings set out herein:
Infected with the rabies virus as determined by standard
laboratory testing.
Any dog with the following characteristics:
Any dog having an aggressive nature or temperament and which
has exhibited a tendency to chase, attack, bite, damage, or injure
any person, dog, or other animal.
Any dog that has killed a dog, cat, or other domestic animal
without provocation.
Any dog which has inflicted a severe or fatal injury on a human,
whether upon public or private property, provided that a physician's
statement documenting the injury, its treatment, and qualifying the
injury as a severe or fatal injury.
Any dog declared by the Animal Control Supervisor to be aggressive pursuant to Section 205.200 of this Chapter or lawfully declared aggressive by another City or County.
Off the premises of the owner, and not under the control
of the owner or a competent member of his/her immediate family, either
by leash, cord or chain.
Both male and female members of the feline family.
A human being that is capable of controlling and governing
the dog or cat in question and to whose commands the dog or cat is
obedient.
Both male and female members of the canine family.
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.
Any person or persons, firm, association or corporation owning,
controlling, keeping or harboring, possessing, having management or
care of a dog, cat or other animal.
[R.O. 2006 §205.050; Ord. No. 421 §5, 8-3-1982]
It shall be unlawful for the owner of an animal, to permit such
animal to run at large. For the purpose of this Section, every animal
when on any street, alley, or any other public place in the City of
Warrenton which is not attached to a leash, the other end of which
is securely held by a competent person, or when on private property
within said City, is either not attached to a leash, the other end
of which is securely held by a competent person, or which is not so
confined as to prevent its straying from the premises, shall be deemed
running at large; provided however, that an animal bearing identification
tag containing the name and address of its owner securely fastened
to collar about the neck of such animal may remain on the property
of its owner without leash or other confinement.
[R.O. 2006 §205.060; Ord. No. 421 §6, 8-3-1982; Ord.
No. 2432, 9-18-2018]
The Board of Aldermen does hereby create the office of Animal
Control Officer, to which said position the City Administrator may
appoint a suitable person; provided, however, that the Board of Aldermen
may, in its discretion and in lieu of the creation of the office of
Animal Control Officer enter into a contract with any person, firm,
corporation, organization or agency for the control, pick up and disposition
of any animals which are found in violation of this Chapter within
the City of Warrenton. Such contract shall be in writing and shall
fix the compensation to be paid and shall be for such period and upon
such terms and conditions as the Board of Aldermen may impose. The
person, firm, corporation, organization, or agency so selected shall
perform all the duties and be subject to all of the requirements of
this Chapter applicable to the Animal Control Officer in addition
to the duties imposed by such contract. The City Administrator, may
in addition, authorize the Police Department to pick up and restrain
animals found within the City in violation of this Chapter.
[R.O. 2006 §205.070; Ord. No. 421 §7, 8-3-1982]
A.
The
Animal Control Officer, Police Officer or any person designated by
the Board of Aldermen shall have the power to catch, confine and impound
dogs, cats or other animals as follows:
1.
All animals which are required to have licenses and which are without
a license displayed in the manner provided herein; and all dogs, cats
or other animals running off the owner's premises and not securely
led by leash.
2.
All female dogs, cats or other animals licensed or unlicensed, not
securely confined in an enclosed place while in heat.
3.
All dogs, cats or other animals affected with rabies and all dogs,
cats and other animals suspected of being exposed to or affected with
rabies, including dogs, cats and other animals known to have been
bitten by a rabid animal, whether such dog, cat or other animal is
running at large or on a leash, and whether it is licensed or unlicensed.
4.
All dogs, cats or other animals with vicious propensities.
5.
Dogs, cats or other animals impounded in accordance with this Chapter
shall be impounded in a place designated by and under the supervision
of the Board of Aldermen.
6.
The Animal Control Officer shall post a notice within twenty-four
(24) hours after impounding, in the lobby of the City Hall, describing
every dog, cat or other animal caught and impounded. Like notice shall
be given to the City Clerk and Police Department.
[R.O. 2006 §205.080; Ord. No. 421 §8, 8-3-1982]
The Animal Control Officer or any other person, firm, corporation,
organization or agency with which the City has contracted according
to the provisions of this Chapter and the members of the Police Department
while in pursuit of an animal running at large, shall have the right
of entry to any private premises including those of the owner of such
animal for the purpose of collecting any animal found in violation
of this Article.
The owner or keeper of any dog or cat in the City of Warrenton
is hereby required to have such animals vaccinated against rabies
by a licensed veterinarian and to procure a certificate and tag of
such vaccination from the veterinarian. It shall be unlawful for the
owner or keeper of any dog or cat to permit such animal to remain
in the City of Warrenton unless wearing the tag above provided for
herein.
[R.O. 2006 §205.090; Ord. No. 421 §9, 8-3-1982]
Any person who shall interfere with or obstruct a City Official
in the reasonable performance of his/her duty in apprehending any
dog, cat or other animal for impounding or investigation under this
Article, or any person who shall refuse to deliver up his/her dog,
cat or other animal, upon request by a proper City Official, whenever
such official has reasonable cause to believe that such dog, cat or
other animal has not been inoculated against rabies, or such dog,
cat or other animal is running at large in violation of this Article,
shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be punished as hereinafter provided.
[R.O. 2006 §205.100; Ord. No. 421 §10, 8-3-1982]
A.
No
owner of any animal affected with rabies or any animal which has been
exposed to rabies or which shows symptoms or indication of having
rabies, shall permit such dog, cat or other animal to be upon any
street, alley, public place or private property within the City other
than the property of the owner or custodian of such dog, cat or other
animal, and then only if such dog, cat or other animal is so confined
as to prevent its straying from the premises.
B.
Every
owner of an animal which has bitten a person, or which acts in a manner
suggesting that it is or may be affected with rabies, shall impound
such animal in the facility designated by the City of Warrenton for
a period of ten (10) days for observation. If such owner shall fail
to have such dog, cat or other animal impounded as herein required,
the Official or Officials charged with the enforcement of this Article
shall impound such dog, cat or other animal as herein provided.
C.
The
impoundment of any animal under this Section shall be at the expense
of the owner of said animal.
[R.O. 2006 §205.110; Ord. No. 421 §11, 8-3-1982]
The Mayor shall have the power and authority at any time it
shall deem it necessary for the protection of the public peace, health,
welfare and safety against the disease known as rabies to issue an
order to quarantine, and it shall be the duty of any person who owns
any animal subject to rabies to comply strictly with such quarantine
order. Notice of such quarantine order shall be given by posting copies
thereof in at least six (6) public places within the City or by publication
in a newspaper published within the City; provided however, that the
Mayor shall have power and authority at any time to cancel and recall
such quarantine order. During the time any quarantine order enacted
by the Mayor pursuant to this Section shall be and remain in force,
all persons residing within the City owning dogs, cats or other animals
are hereby required to keep such dogs, cats or other animals confined
upon their premises, unless such dog, cat or other animal shall be
attached to a leash not more than six (6) feet long, held by a competent
person, and said animal shall be muzzled so it cannot bite.
[R.O. 2006 §205.120; Ord. No. 421 §12, 8-3-1982]
Any person destroying an animal affected with rabies or suspected
of being affected with rabies shall immediately notify the Chief of
Police and shall provide the Chief of Police with all pertinent information
respecting person bitten or suspected of being bitten by such animal
and also with all pertinent information respecting any other animal
exposed to the animal destroyed.
[R.O. 2006 §205.130; Ord. No. 421 §13, 8-3-1982]
Every physician shall report to the Chief of Police pertinent
information concerning any resident of the City of Warrenton who has
been bitten by an animal suspected of being rabid and every veterinarian
shall report all pertinent information concerning rabid animals under
his/her care.
[R.O. 2006 §§205.140, 205.150; Ord. No. 421 §15, 8-3-1982; Ord. No. 721 §§I — II, 4-21-1992; Ord. No. 1351 §I, 10-21-2003; Ord. No. 1352 §I, 10-21-2003; Ord. No. 1685 §I, 3-20-2007; Ord. No. 1686 §I, 4-3-2007; Ord. No. 1741 §I, 1-15-2008; Ord. No. 1990 §§I — II, 8-16-2011]
A.
Any dog, cat or other animal captured and impounded as authorized by this Article and determined not to be affected with rabies may be redeemed by the owner or other person having the right of possession of such animal upon payment of a redemption fee hereof plus ten dollars ($10.00) per day boarding fee for the expense of taking, impounding and keeping said animal. Additionally, it shall be the duty of such owner to furnish an inoculation certificate prior to redemption. If such animal is not inoculated, it shall be inoculated prior to release. It shall be the duty of such owner to furnish an inoculation certificate within five (5) days thereafter. Failure to exhibit such certificate within the required time shall subject the owner or person redeeming such animal to the penalties provided for in Sections 100.220 to 100.240 of this Code.
C.
(Reserved)
D.
Any
dog, cat or other animal captured and impounded as authorized by this
Article shall be euthanized by lethal injection administered by a
licensed veterinarian:
1.
If diseased or disabled beyond recovery for any useful purpose as
determined by a public health official, Law Enforcement Official,
veterinarian or Animal Control Officer; or
2.
If not redeemed in the manner provided herein within seven (7) days
and not delivered to an organization or agency selected by the Board
of Aldermen within fifteen (15) days after its capture.
E.
Any
such organization or agency selected by the Board of Aldermen as aforesaid
shall not sell, give, award, exchange or transfer or offer for sale,
gift, award, exchange or transfer any animal collected except to licensed
and recognized humane organizations.
F.
The
City Adoption Program is hereby established and shall be administered
in accordance with policies approved by the Board of Aldermen. Said
adoption policies shall be administered by the Chief of Police or
his/her designee. Such policies shall prescribe a procedure for keeping
of animals prior to adoption, a schedule of fees for adoption of animals,
a form of application for adoption and any other necessary policies
or procedures for carrying out the intent of this Section.
G.
The
redemption fee shall be twenty dollars ($20.00) for the first (1st)
time any dog, cat or other animal is impounded, twenty-five dollars
($25.00) for the second (2nd) time such dog, cat or other animal is
impounded, and fifty dollars ($50.00) for each time thereafter such
dog, cat or other animal is impounded. This schedule of fees is to
apply to any one (1) calendar year.
[R.O. 2006 §205.160; Ord. No. 421 §16, 8-3-1982]
The Mayor or a person designated by him/her shall dispose of
any dog, cat or other animal affected with rabies, and he/she shall
have the power to examine and impound any animal bitten by or exposed
to any animal affected with rabies.
[R.O. 2006 §205.165; Ord. No. 1353 §I, 10-21-2003; Ord. No. 1925 §§I — II, 7-20-2010]
A.
If
a resident owner of a dog, cat or other animal desires to relinquish
ownership of such animal, a fee of fifty dollars ($50.00) will be
charged therefor.
B.
If
a non-resident owner of a dog, cat or other animal desires to relinquish
ownership of such animal, a fee of sixty-five dollars ($65.00) will
be charged therefor.
A.
A person
is guilty of animal neglect when he/she has custody or ownership or
both of an animal and fails to provide adequate care or adequate control
which results in substantial harm to the animal.
B.
A person
is guilty of animal abandonment when he/she has knowingly abandoned
an animal in any place without making provisions for its adequate
care.
C.
Animal
neglect or animal abandonment are ordinance violations. For a first
(1st) offense of either violation, a term of imprisonment not to exceed
fifteen (15) days, or a fine not to exceed five hundred dollars ($500.00),
or both such fine and imprisonment may be imposed. For a second (2nd)
or subsequent violation of either offense, a term of imprisonment
not to exceed ninety (90) days, or a fine not to exceed five hundred
dollars ($500.00), or both such fine and imprisonment may be imposed.
All fines and penalties for a first (1st) conviction of animal neglect
or animal abandonment may be waived by the court provided that the
person found guilty of animal neglect or abandonment shows that adequate,
permanent remedies for the neglect or abandonment have been made.
Reasonable costs incurred for the care and maintenance of neglected
or abandoned animals may not be waived.
D.
In
addition to any other penalty imposed by this Section, the court may
order a person found guilty of animal neglect or animal abandonment
to pay all reasonable costs and expenses necessary for:
1.
The care and maintenance of neglected or abandoned animals within
the person's custody or ownership;
2.
The disposal of any dead or diseased animals within the person's
custody or ownership;
3.
The reduction of resulting organic debris affecting the immediate
area of the neglect or abandonment; and
4.
The avoidance or minimization of any public health risks created
by the neglect or abandonment of the animals.
A.
A person
is guilty of animal abuse when a person:
1.
Intentionally or purposely kills an animal in any manner not allowed
by or expressly exempted from the provisions of Sections 578.005 to
578.023 and 273.030, RSMo.;
2.
Purposely or intentionally causes injury or suffering to an animal;
or
3.
Having ownership or custody of an animal knowingly fails to provide
adequate care or adequate control.
A.
A person
commits the offense of knowingly releasing an animal if that person,
acting without the consent of the owner or custodian of an animal,
intentionally releases any animal that is lawfully confined for the
purpose of companionship or protection of persons or property or for
recreation, exhibition or educational purposes.
B.
As
used in this Section, "animal" means every living
creature, domesticated or wild, but not including Homo sapiens.
C.
The
provisions of this Section shall not apply to a public servant acting
in the course of such servant's official duties.
[R.O. 2006 §205.200; CC 1978 §73.440]
No person in the City shall maintain any place where fowl or
animals are suffered to fight upon exhibition or for sport or upon
any wager.
[R.O. 2006 §205.210; CC 1978 §73.600; Ord. No. 1052 §I, 2-16-1999; Ord. No. 1550 §I, 9-6-2005]
A.
No
person shall keep or permit the keeping of the following animals on
premises owned or controlled by said person within the City:
B.
This
Section shall not apply to zoos or zoological parks owned by the State
of Missouri or political subdivision thereof; traveling circuses being
present in the City for less than two (2) weeks of any calendar year;
scientific or educational institutions; research laboratories; veterinary
hospitals; or validly licensed pet shops under applicable Federal,
State and local laws.
[Ord. No. 2302 §I, 11-15-2016]
A.
Limitations On Keeping Chickens. It shall be unlawful
for any person to keep chickens within the City for commercial or
resale purposes. It shall be unlawful for any person to keep more
than six (6) chickens as pets or for domestic egg production. No adult
male chickens may be kept. Chickens kept as pets or for domestic egg
production must be adequately confined within the private property
boundaries of the owner's yard sufficient to prevent their escape.
Any person desiring to keep domestic fowl may do so only upon obtaining
a permit for same from the City.
B.
Permit Required. No person may keep upon his/her
premises any chickens except as provided in this Section.
1.
Any person desiring to keep any domestic fowl within the City
shall file with the City's Animal Control a written application for
a permit, accompanied by a non-refundable application fee in the amount
of thirty dollars ($30.00).
2.
Permits granted under this Section may not be transferred to
a new owner.
3.
Approval of the permit will be granted upon successful completion
of an inspection(s). If multiple inspections are required, an additional
fee of fifteen dollars ($15.00) per inspection shall be charged. After
completion of two (2) years with a permit and with no violations of
this Section, no annual fee shall be required so long as there are
no violations of this Section, and the permit shall remain in effect
until revoked.
4.
Notwithstanding any provision herein to the contrary, each property
harboring chickens which exists before the effective date of this
Section on November 15, 2016, shall comply with the provisions of
this Section and obtain a permit within sixty (60) days after the
effective date of this Section. The permit shall explicitly state
and the applicant shall acknowledge with her signature that the ordinance
allowing chickens may be amended or repealed at any time and that
the applicant acquires no vested rights to have or raise chickens
by virtue of the issuance of a permit and that the keeping and handling
of chickens may cause health hazards and that all health precautions
are the responsibility of the applicant.
C.
Permit Criteria And Performance Standards. A permit
may be issued if all of the following conditions are satisfied:
1.
Chickens may be kept for purely domestic purposes only. No animals
or eggs may be sold to any person not a resident of the premises where
kept.
2.
Chickens must be adequately confined within a coop or pen surrounded
by wire netting or other fence to prevent their escape therefrom and
kept in good repair and free of peeling paint, untreated or rotted
wood and rust. No more than one (1) coop is allowed per permitted
parcel. Chickens shall not be permitted to run at large in or upon
the public streets, open lots or private properties of the City, other
than that of the owner's rear yard. Chickens may only be allowed to
run at large in the rear yard if it is enclosed within a fence of
at least six (6) feet in height.
3.
The coop and enclosed area shall be maintained in a ventilated,
clean, safe and sanitary condition containing adequate space for humane
treatment. The coop and enclosed areas shall be maintained in good
repair and free of any noxious odors.
4.
The coop and enclosed area shall be designed and maintained
at all times to effectively prohibit accessibility by predators.
5.
Coops and enclosed areas shall be located only in the rear yard.
Coops and the material establishing the boundaries of the enclosed
areas shall meet all rear and side yard setback requirements for accessory
structures in accordance with the zoning district in which the property
is located.
6.
Any manure or waste shall be collected and properly removed
from the premises or tilled into the soil on the premises promptly
and regularly to prevent offensive smells or conditions conducive
to disease.
7.
Food for domestic fowl shall be stored in a container which
is kept dry and sanitary and in a rodent-, insect- and leak-proof
condition at all times.
8.
No slaughtering of any chickens shall be allowed except within
a fully enclosed premises completely blocked from public view.
9.
Eggs may not be sold on the premises.
10.
No person shall keep domestic fowl in a manner so as to create a nuisance as defined in Chapter 215, Nuisances, of the City Code.
11.
The keeping of domestic fowl pursuant to a permit issued under
this Section shall comply with all ordinances of the City.
12.
By applying for a permit under this Section, the property owner
authorizes City officials, at all reasonable times and in a reasonable
manner, to enter upon and inspect the property with respect to which
the permit is applied for to determine whether the keeping of domestic
fowl violates this Section or any other applicable ordinances.
D.
Revocation Of Permits To Keep Domestic Fowl.
1.
In addition to any other penalty provided by law for violation
of this Section or any other provision of this Code of Ordinances,
if the holder of a permit allows any nuisance or unsanitary condition
to exist upon the premises, or any violation of this Section, any
of the conditions or performance standards provided herein, or other
applicable laws, to exist after notice of violation from the City,
then such permit for domestic fowl may be disciplined or revoked after
hearing, upon determination by the Chief of Police or the City's designee
that such domestic fowl is being maintained in an unsanitary condition,
or in violation of this Section, any of the conditions or performance
standards provided herein, or other applicable laws. All domestic
fowl must be disposed of or removed from the City no more than ten
(10) days following receipt of notice of revocation after hearing
from the City.
2.
Any applicant or permit holder aggrieved by a decision of Animal
Control, in regard to issuance of a permit, or the Chief of Police
or designee in regard to discipline or revocation of a permit may
appeal the decision to the Chief of Police or designee within five
(5) business days of said decision by filing a written request for
reconsideration and appeal setting forth in a thorough and concise
manner the decision being appealed and all grounds known to the appellant
as to wherein and why the decision is allegedly in error. The Board
of Aldermen may consider the appeal on the record of the prior decision
or may, in the Board of Aldermen's sole discretion, receive additional
evidence in such manner as deemed appropriate in light of the circumstances.
No person shall keep any lion, tiger, leopard, ocelot, jaguar,
cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena,
wolf, bear, non-human primate, coyote, any deadly, dangerous or poisonous
reptile, or any deadly or dangerous reptile over eight (8) feet long,
in any place other than a properly maintained zoological park, circus,
scientific or educational institution, research laboratory, veterinary
hospital or animal refuge.
A.
Whenever
the Animal Control Supervisor learns that a dog has bitten a human
being or another domestic animal, the Animal Control Supervisor shall
record the incident and determine whether the Department has records
of prior incidents in which the dog in question has bitten human beings
or domestic animals. The Animal Control Supervisor may consider information
that the dog in question has bitten human beings or domestic animals
in other Cities or Counties when that information is received, in
writing, from the individual(s) responsible for animal control in
that City or County.
B.
If the Animal Control Supervisor finds no records of such prior incidents, and the Animal Control Supervisor determines that the bite was a provoked attack in which a human being or domestic animal has been injured and required medical care from a physician or veterinarian or was an unprovoked attack in which a human being or domestic animal was not injured and did not require medical care, the Animal Control Supervisor shall provide dog's owner an educational packet prepared by the Department stating the Department's procedures in bite cases and the Department's recommendations for animal care and for handling dogs that have bitten. Such packet shall contain copies of this Section and Section 205.205. If the Animal Control Supervisor determines that the bite was an unprovoked attack in which a human being or domestic animal has been injured and required medical care from a physician or veterinarian, the Animal Control Supervisor may, after considering all mitigating factors, declare the animal an aggressive dog and may utilize the procedures set out in Section 205.205. The Animal Control Supervisor's determination that the animal is an aggressive dog may be based on information that the dog in question has been declared an aggressive, dangerous, or vicious dog in another City or County when that information is received, in writing, from the individual(s) responsible for animal control in that City or County and when the criteria for determining the animal an aggressive dog in that City or County are substantially similar to the criteria set forth herein.
C.
Regardless
of whether the attack is provoked or unprovoked, where a bite occurred
on the property of the owner of the dog under review, the Animal Control
Supervisor may consider, as a mitigating factor in his/her decision
whether to declare a dog to be aggressive, that the victim of the
bite is an animal which intruded onto those premises. Where the victim
of a bite which occurs on the premises of the owner is a human, the
Animal Control Supervisor may only consider a provoked bite as a mitigating
factor in his/her decision whether to declare a dog to be aggressive.
D.
If
the Animal Control Supervisor finds any record of one (1) such prior
incident, including any one (1) such prior incident in another City
or County, the Director shall:
1.
Determine whether to declare the dog in question an aggressive dog,
after considering any or all of the following factors:
a.
Whether the dog has killed a domestic animal, livestock or poultry
without provocation while off the owner's property;
b.
Whether the dog's owner owns or harbors the dog primarily or in part
for the purpose of dog fighting, or has trained the dog for dog fighting;
c.
Whether the dog has bitten a human being or domestic animal without
provocation and off the premises of the dog's owner regardless of
whether medical care was required;
d.
Whether the dog, while on the owner's premises, has bitten without
provocation a human being other than the dog's owner, or a member
of that owner's family normally residing where the dog is harbored;
e.
Whether the dog, when unprovoked, has chased or approached a human
being off the premises of the dog's owner and in a menacing fashion
or apparent attitudes of attack, regardless of whether the human being
is injured by the dog;
f.
Whether the dog has a known propensity, tendency or disposition to
make unprovoked attacks, to cause injury, or to otherwise threaten
the safety of human beings or domestic animals;
g.
Whether the dog can be effectively trained or retrained to change
its temperament or behavior;
h.
Whether the owner maintains the dog to promote its aggressive tendencies
or responses;
i.
Any other relevant evidence concerning the maintenance of the dog;
and
j.
Any other relevant evidence regarding the ability of the owner to
protect the public safety in the future if the dog is permitted to
remain in the City.
2.
Impound any dog determined to be an aggressive dog at the Animal
Control Shelter; and,
3.
Microchip any dog determined to be aggressive while that dog is impounded.
Dog owner will be responsible for all fees.
E.
If the Animal Control Supervisor receives a report that a dog, when unprovoked, has chased or approached a human being or domestic animal while at large and off the premises of the dog's owner and confronted that person in a menacing fashion or apparent attitude of attack, regardless of whether the human being or domestic animal is injured by the dog, the Animal Control Supervisor shall give the dog's owner an educational packet prepared by the Department concerning aggressive dogs. Such packet shall contain copies of this Section and Section 205.205. The Animal Control Supervisor shall record the incident in the Department's records and that incident may be taken into account in determining whether the dog is an aggressive dog should there be any subsequent bite of a human or domestic animal. The Animal Control Supervisor may consider information that a dog has, when unprovoked, chased or menaced a human being in another City or County, when that information is received, in writing, from the individual(s) responsible for animal control in that City or County, in determining whether to provide educational information to the dog's owner. The Animal Control Supervisor may record such information from another City or County into the Department's records and may consider such information in determining whether the dog is an aggressive dog should there be any subsequent bite of a human being or domestic animal.
F.
If
the Animal Control Supervisor finds records of two (2) or more prior
incidents in which a dog has bitten a human being or a domestic animal,
including incidents occurring in another City or County, where that
information is received, in writing, from the individual(s) responsible
for animal control in that City or County, the Animal Control Supervisor
shall:
G.
The
provisions of this Section shall not apply to dogs of the Canine Corps
of the Police force of any municipality, any County law enforcement
agency, Highway Patrol, any Federal law enforcement agency or any
branch of the Armed Forces of the United States while being used to
conduct official business or while being used for official purposes.
[1]
Editor's Note: Ord. No. 2677 also changed the title of this
Section from "Disposal of Vicious Animals" to "Aggressive Dogs —
Generally."
[Ord. No. 2677, 5-17-2022]
A.
If
the Animal Control Supervisor declares that a dog that has bitten
a human being or a domestic animal is aggressive, the Animal Control
Supervisor shall dispose of the dog as follows:
1.
If the Animal Control Supervisor finds that the dog made a severe or fatal attack upon a human being or domestic animal, the Animal Control Supervisor shall cause the dog to be humanely euthanized as set out in Subsection (C) herein.
2.
If the Animal Control Supervisor finds that the dog had been provoked to make a severe or fatal attack upon a human being or domestic animal, the Animal Control Supervisor shall either cause the dog to be humanely destroyed or return the dog to its owner subject to the owner's written agreement to control the dog as provided in Subsection (B) below. The agreement may include a provision that if the animal attacks again, it shall be humanely euthanized.
3.
The Animal Control Supervisor has discretion to dispose of all other dogs declared to be aggressive either by causing them to be humanely euthanized or returned to its owner subject to the restrictions as provided below, after giving notice and an opportunity to be heard to the dog's owner as provided in Subsection (C) below.
B.
Before
the Animal Control Supervisor returns an aggressive dog to its owner,
the Animal Control Supervisor shall secure that owner's written agreement
to control the dog as provided herein.
1.
Any aggressive dog shall wear at all times a bright collar with the
words "Aggressive Dog" embroidered or stamped on the collar so the
dog can readily be identified as an aggressive dog.
2.
The owner of the aggressive dog shall notify Animal Control immediately
if the dog is loose or missing or has attacked another animal or human
being.
3.
The owner of the aggressive dog shall notify the Animal Control Supervisor
within twenty-four (24) hours if the dog has died or has been sold
or given away to a new owner. If the dog has been sold or given away,
the owner shall provide Animal Control with the name, address and
telephone number of the new owner. The new owner, if the animal is
kept within the City of Warrenton, must comply with the requirements
in this Chapter for keeping an aggressive animal.
4.
While on its owner's property, an aggressive dog must be securely
confined indoors or in a securely enclosed and locked pen or structure,
suitable to prevent the animal from escaping. Such a pen or structure
must have a minimum dimension of five (5) feet by ten (10) feet, must
have strong, secure sides and a secure top. If it has no bottom secured
to the sides, the sides must be embedded into the ground no less than
twelve (12) inches. The enclosure, when occupied by an aggressive
dog, shall not be occupied by any other animal, unless the aggressive
dog is a female with young under three (3) months of age, in which
case the young may occupy the same enclosure as the mother.
5.
No aggressive dog may be kept in any area of the owner's property
that would allow the dog to exit easily (i.e., behind screen doors
or windows), nor may any aggressive dog be chained without a physical
barrier to prevent contact with other animals or people or the escape
of the dog.
6.
A sign indicating the presence of an aggressive dog shall be present
at and large enough to read from any public thoroughfare from which
the property is entered and the owner of the dog shall post a notice
conspicuously visible to the public at each entrance to the premises
and on each side of the dog's enclosure, if any, reading in letters
not less than two (2) inches high "AGGRESSIVE DOG - BEWARE." Any alternate
sign shall be approved in advance, in writing, by the Animal Control
Supervisor and a copy of the approved sign shall be maintained in
the Department's file on the dog.
7.
An aggressive dog may be off the owner's premises only if it is securely
muzzled with a humane muzzle and on a strong leash no more than four
(4) feet long and under the control of the owner.
8.
The owner of an aggressive dog shall present to Animal Control proof
that the owner has procured primary liability insurance or a surety
bond to include bodily injury and property damage in the amount of
at least one hundred thousand dollars ($100,000.00). Such insurance
or surety bond shall be for an initial period of twelve (12) months
and must be continuously renewed without a break in coverage for as
long as the aggressive dog lives or is kept in the City of Warrenton.
The insurance or bond shall be payable to any person injured by the
aggressive dog. This policy or bond shall contain a provision requiring
the City to be notified by the issuing company at least ten (10) working
days prior to any cancellation, termination, or expiration of the
policy.
9.
All owners of aggressive dogs must, within ten (10) days of such
declaration, provide Animal Control with two (2) sets of color photographs
of the aggressive dog, one (1) of each side and showing the color
and approximate size of the dog. The owners shall, in addition to
any information required by this Code, provide the following information:
The dog's name or names and the name, address and phone number of
the dog's veterinarian.
10.
All owners of aggressive dogs must, within ten (10) days of such
declaration, have the dog microchipped and must provide evidence of
such from a duly licensed veterinarian.
11.
Any dog not controlled as provided in this Subsection shall be subject
to immediate seizure and impoundment for a minimum of ten (10) days
but not longer than fourteen (14) days for the owner to comply with
this Subsection, whichever is larger. If longer than fourteen (14)
days are needed, the owner must request an extension from the Animal
Control Supervisor for additional time prior to the initial time expiring.
C.
The
Animal Control Supervisor shall give owners of dogs declared to be
aggressive notice of the Animal Control Supervisor's declaration and
intended disposition of the dog, as provided herein.
1.
Notice Of Declaration Of An Aggressive Dog And Of Disposition. Immediately
upon determining that a dog is aggressive, and at least ten (10) days
prior to any humane euthanasia of any such dog, Animal Control shall
notify the dog's owner, if known, if the owner is unknown or unable
to be contacted, of the declaration and of any scheduled euthanasia.
The notice shall state the owner's right to request a hearing before
the City of Warrenton's Municipal Judge of any determination made
by the Animal Control Supervisor by submitting a written request for
hearing to the Chief of Police within five (5) days of receiving the
aforesaid notice.
2.
Hearing. Upon timely receipt of the written request submitted pursuant
to Subsection 205.200(C)(1), above, the Chief of Police shall schedule
a hearing at which all interested parties may be heard, including
the owner, individuals possessing knowledge of the characteristics
of the dog in question, and any other individuals who may come into
contact with the dog if it is not destroyed. After all parties have
been heard, the Municipal Judge shall make the final determination
as to whether a dog is an aggressive dog and what its disposition
shall be under the provisions of this Chapter. The City of Warrenton
Municipal Judge determination and decision is final for all purposes,
and there shall be no further administrative relief available.
D.
The
Animal Control Supervisor may declare a dog to be aggressive because
of its prior acts even after its owner has removed it from the City
of Warrenton. Such a dog may not be returned to the City.
E.
Should
the Animal Control Supervisor receive from any court of competent
jurisdiction a stay of an order of euthanasia on a dog, the dog shall
remain impounded in the City's animal facility until the court has
issued its final order.
F.
The
provisions of this Section shall not apply to dogs of the Canine Corps
of the Police force of any municipality, any County law enforcement
agency, Highway Patrol, any Federal law enforcement agency or any
branch of the Armed Forces of the United States while being used to
conduct official business or while being used for official purposes.
[R.O. 2006 §205.250; CC 1978 §73.640]
No person shall keep, allow or permit to be kept on any premises
occupied by him/her or under his/her charge and control, any animal
or animals or fowl in a pen or other enclosure of any kind, under
such conditions that an offensive or noxious smell or odor shall arise
therefrom to the injury, annoyance or inconvenience of any inhabitant
of the neighborhood.
