Editor's Note — Ordinance no. 00-018 adopted on November
13, 2000, superseded this ch. 225 enacting the new provisions set
out herein. Former ch. 225 derived from ord. no. 353 §§1-1
through 1-22; ord. no. 365 §§1 — 4; ord. no. 567,
5-9-94; and ord. no. 99-016, 8-9-99.
[Ord. No. 00-018 §I, 11-13-2000]
The following words and phrases, when used in this Chapter,
shall have the meanings set out herein:
Any living creature, domestic or wild.
A dog, cat or other animal shall be deemed to be at large
when it is off the property of its owner and not under the restraint
or within the immediate control of a competent person.
All domesticated species or varieties of the genus felis,
male or female, six (6) months or older.
A non-resident variety show which in any way exhibits animals.
All domesticated members of canis familiaris, male or female,
six (6) months or older.
To destroy an animal in a humane manner.
An animal, whether or not it has been vaccinated against
rabies, has been exposed to rabies within the meaning of this Chapter
if it has been bitten by or exposed to a possible bite by any animal
known to have or suspected of having rabies.
Apprehending, catching, trapping, netting or tranquilizing
by dart gun and confining.
The secure penning and/or caging of a dog, cat or other animal
so as to effectively separate the animal from adult, child or other
animal.
Any person, partnership or corporation, group of persons,
or company who are owners of three (3) or more animals and who are
engaged in the breeding, boarding, buying, selling and sheltering
of animals, whether for pleasure or for profit.
All domesticated species or varieties of the genus felis,
male or female, under six (6) months of age.
Includes any person who, or firm or corporation which owns,
harbors, shelters, keeps, controls, manages, possesses or has part
interest in any dog, cat or kennel; the occupant of any premises on
which a dog or cat remains for a period of ten (10) calendar days
or to which it customarily returns daily for a period of ten (10)
calendar days is presumed to be harboring, sheltering or keeping the
aforementioned dog or cat, within this definition. If a minor owns
a dog, puppy, cat or kitten, or other animal subject to the provisions
of this Chapter, the head of the household of which said minor is
a member shall be deemed to be the owner of such dog, puppy, cat or
kitten or other animal for the purpose of this Chapter shall be responsible
as the owner, whether or not such household head is himself/herself
a minor. A person or firm or corporation receiving a dog or cat or
other animal for temporary care while ill, or for safe keeping, shall
not be deemed to be the owner of said animal.
Any individual, partnership, corporation or company. A "competent person" is any person or legal representative
thereof who can control the animal and to whom the animal gives obedience.
Any person, partnership, corporation or company engaged in
the business of breeding, buying, selling or boarding animals of any
species.
All domesticated members of canis familiaris, male or female,
six (6) months or younger.
To be registered or comply with registration requirement,
a vaccination must first be had and then a registration certificate
issued to the animal's owner which gives the name, breed, sex and
color of the animal; the name and addresses of the owner and a registration
number; a registration tag for the animal to wear is also issued as
part of the registration process. A part of the registration is the
preparation of the registration certificate in duplicate and keeping
one (1) copy in a central file in the office of the Rabies Control
Officer. The word "registration" in this Chapter applies to registration
procedure as it applies to one (1) specific animal.
An animal is under restraint within the meaning of this Section
if such animal is controlled by a leash, or is carrying out the instructions
of a competent person, or is within a vehicle being driven or parked
on a street or a road, or on the property of its owner.
Any establishment maintained and operated by a licensed veterinarian
for the boarding of animals or the diagnosis and treatment of diseases
and injuries of animals.
[Ord. No. 00-018 §II, 11-13-2000; Ord. No. 02-017 §1, 6-10-2002]
A.
There
is hereby established in the City of Herculaneum the office of a City
Animal Control Officer who shall have primary responsibility for the
enforcement of this Section. The City Animal Control Officer shall
be appointed by the Mayor with the advice and consent of the Board
of Aldermen and shall serve at the pleasure of the City. The Mayor
may, in his discretion, appoint any City employee to act as City Animal
Control Officer. The Mayor may also appoint any number of City employees
to assist the City Animal Control Officer, or acting City Animal Control
Officer, when, in the City Animal Control Officer's discretion, it
is necessary to do so. The Board of Aldermen shall have the authority
to enter into an intergovernmental cooperative agreement with other
municipalities to provide for joint cooperation with respect to the
control of animals.
B.
No
such appointee shall use a tranquilizer dart gun if such appointee
has not been properly trained in the use of such weapon.
C.
The
City Animal Control Officer may, at his or her discretion, request
assistance from any uniformed City Police Officer to destroy any animal
reasonably believed to be dangerous, but only after all other attempts
to capture or subdue the animal have failed.
D.
The
Animal Control Program shall be a part of the Public Works Department.
The Animal Control Officer shall report directly to the Public Works
Coordinator.
E.
It
shall be the duty of the Animal Control Officer, or his or her assistants
or persons authorized by the Mayor and Board of Aldermen, to take
up and impound all dogs, cats and other animals running at large in
the City of Herculaneum as follows:
1.
All dogs, cats and other animals infected or suspected of being infected
with rabies and all dogs, cats and other animals exposed to or suspected
by the Animal Control Officer of being exposed to or infected with
rabies, including dogs, cats or other animals known to have been bitten
by a rabid animal.
2.
All unconfined or unleased animals with vicious propensities or reasonably
suspected of being vicious.
3.
Dogs, cats or other animals which have been bitten or attacked a
person or other animal, or which have been bitten by a dog, cat or
other animal suspected of having rabies.
4.
Any animal injured beyond rescue or that appears to be suffering
from rabies or disease which poses a threat to the citizenry may be
declared in need of emergency euthanasia and may be euthanized by
City Law Enforcement Officers or the Animal Control Officer, after
obtaining written consent of the owner. If the owner is not known
or not available, the officer shall obtain a written statement of
a witness of legal age and competency to this affect.
5.
All dogs or cats taken into custody or impounded under the provisions
of this Section shall be treated humanely, and the destruction of
any dog or cat under the provisions of this Section shall be done
in a manner that will prevent the suffering of any dog or cat, so
far as the same may be accomplished, in a manner consistent with the
health, safety and welfare of the citizens of the City of Herculaneum.
6.
The City shall provide or contract for and maintain in reasonable, clean and healthful fashion a suitable animal kennel for impoundment and isolation of animals in accordance with the provisions of Section 225.070. Said kennel shall be at all times kept sanitary and clean and shall be designed and kept in such a manner as will provide for the most humane treatment of all animals deposited therein, with special provision for segregation and isolation of diseased animals, or those animals suspected of being rabid.
7.
Any person who interferes with, hinders or obstructs in any fashion
any duly authorized City Animal Control Officer or any person authorized
under this Section to enforce any or all provisions in this Chapter,
while said Animal Control Officer or other appointee is in the lawful
performance of his duty, shall, upon conviction, be deemed guilty
of a violation of a City ordinance, and shall, upon conviction, be
fined not less than five dollars ($5.00) nor more than five hundred
dollars ($500.00).
8.
It shall be unlawful for any person to conceal a dog, cat or other
animal or interfere with the Animal Control Officer or his representative
in the performance of his or her legal duties, including enforcing
these regulations. The Animal Control Officer or his or her representative
shall have the right of entry onto any unenclosed lots or lands for
the purpose of collecting any dog, cat or other animal which is in
violation of these regulations. The Animal Control Officer or his
or her representative shall have the right of entry to any property
or premises within any quarantined area during the period of such
quarantine for the purpose of examining or obtaining any dog, cat
or other animal suspected of having rabies, of having been exposed
to rabies, or of having bitten a person or other animal.
9.
No person shall refuse to grant permission to the Animal Control
Officer to pick up any dog, cat or other animal subject to rabies,
which such person owns or has custody of, when such request is made
under provision of this Section.
10.
It shall be the responsibility of anyone bitten or attacked by a
dog, cat or other animal subject to rabies to report such bite or
attack to the Animal Control Officer.
11.
Any person who shall surrender, deliver or give a dog, cat or other
animal to a humane society or other organization for the purpose of
having the dog, cat or other animal destroyed shall be considered
in violation of this Section if such person misrepresents any facts
concerning the dog, cat or other animal or falsifies any statement
such person may sign at the time of surrendering the dog, cat or other
animal.
12.
Any person or persons found to be improperly caring for or inhumanely euthanizing animals shall be in violation of the provisions of this Section and subject to the penalties specified in Section 225.060.
13.
Any person or persons requesting their animal to be picked up by
an Animal Control Officer or his or her representative will be charged
a fee as determined by the Board of Aldermen by resolution, which
shall be no less than the actual costs incurred by the City.
14.
The City of Herculaneum shall provide the Animal Control Officer with the necessary personnel and equipment, including but not limited to, the appropriate vehicles, nets, dart guns, two-way radios, animal food, etc., to enable the Animal Control Officer to carry out his or her functions. In addition, the Board of Aldermen shall authorize the City Clerk to have prepared the necessary blank registration certificates for fulfillment of the registration requirements specified in Section 225.030.
[Ord. No. 00-018 §III, 11-13-2000]
A.
Any
person owning, controlling or having care or custody of any dog, cat
or other animal over the age of six (6) months in the City of Herculaneum
shall obtain a registration certificate therefore in accordance with
the provisions of this Section.
B.
The
registration certificate required by the preceding Section shall be
issued by the City Clerk upon the presentation of a certificate of
a competent, licensed veterinarian that the dog, cat or other animal
for which license is to be obtained has been vaccinated for rabies.
C.
There
shall be a registration fee for each animal registered as determined
by the Board of Aldermen by resolution. The registration must be renewed
every year at such cost as may be determined by the Board of Aldermen
by resolution.
D.
The
certificate required in this Section shall be issued for the twelve
month period from July first (1st) to June thirtieth (30th).
E.
The Registrar shall, upon application for the registration certificate required in Subsection (A) of this Section, record the rabies vaccination tag number, the name of the veterinarian who gave said vaccination, the date of said vaccination, the name, color, breed and sex of the animal, the name and address of the owner, and the date of such registration.
1.
The Registrar shall execute the registration certificate, in duplicate,
giving one (1) copy to the owner of the animal and forwarding one
(1) copy of said certificate to the office of the Animal Control Officer.
F.
When
a change in ownership occurs, or a dog, cat or other animal is brought
into the City of Herculaneum from another State or County or City,
to remain for more than forty-five (45) days, the requirements of
these regulations must be met. A change in ownership of a new dog,
cat or other animal previously registered in the City of Herculaneum
will require the new owner to contact the Animal Control Officer for
the issuance of a new registration certificate in the name of the
new owner.
G.
Any
fees collected by the Animal Control Officer and the City Clerk from
the sale of registration certificates and for the care of dogs, cats
or other animals impounded or by the sale of said impounded dogs,
cats or other animals as provided in the following Subsections of
this Section shall be deposited in the General Fund of the City of
Herculaneum.
H.
In
the event that any animal found running at large is impounded by a
duly authorized Animal Control Officer then on the date of impoundment,
notice shall be given by certified mail to the owner of the animal,
if known, said owner having, from the time of mailing of the notice,
twelve (12) days not counting weekends and government holidays in
which to be present at the designated animal kennel of the City of
Herculaneum to redeem said owner's animal. The fee for redemption
shall be set by the Board of Aldermen by resolution and shall be no
less than the actual costs incurred by the City in boarding the animal.
[Ord. No. 00-018 §IV, 11-13-2000]
A.
It
shall be unlawful for any person within the limits of the City of
Herculaneum to keep on or about the premises of such person any dog
which creates an annoyance and nuisance by its excessive barking,
or to suffer or permit the same to go at large in the City of Herculaneum
to the annoyance and distress of any person. By excessive barking,
it is meant that such dog, for no apparent reason, cannot be controlled
in its barking habits by its keeper and does thereby create an annoyance
and nuisance to another person.
B.
It
shall be unlawful for any owner or keeper of any dog, cat or other
animal to suffer or permit such dog, cat or other animal to run at
large upon any public sidewalk, street, alley, thoroughfare, or any
public way or public place, or on the premises of any person other
than the premises of the owner or keeper of such dog, cat or other
animal within the City of Herculaneum.
C.
It
shall be unlawful for any person to abandon any dog or cat within
the City or permit any dog or cat abandoned by him in the vicinity
of the City to stray within the corporate limits of the City of Herculaneum.
D.
It
shall be unlawful for any person to dump or abandon the body or carcass
of a dead dog or cat or other animal within the City of Herculaneum;
disposing of dead dogs or cats shall be by the supervision of the
Animal Control Officer.
E.
Any
person violating the above provision shall upon conviction, be deemed
guilty of violating City ordinance and shall be subject to a fine
or jail term as set forth in the Herculaneum Municipal Division Violations
Bureau Fine Schedule.
[Ord. No. 03-2020, 1-6-2020]
[Ord. No. 00-018 §V, 11-13-2000; Ord. No. 05-027 §1, 2005]
A.
An owner shall be entitled to resume possession of an impounded dog, cat or other animal after it is found not to be infected with rabies, except as provided in Subsections (D) through (G) of this Section in the case of certain dogs, cats or other animals and upon compliance with the provisions of this Section, if this applies, and upon the payment of fee set by the Board of Aldermen by resolution, which shall be no less than the actual costs incurred by the City in boarding the animal plus the following fees:
1.
Any animal found registered at the time of impoundment may be released,
up to the third (3rd) offense, to its owner after a pick-up fee is
paid as follows:
First (1st) offense: $15.00.
Second (2nd) offense: $25.00.
Third (3rd) offense: $50.00.
2.
Any animal found not registered at the time of impoundment may be
released, up to the third (3rd) offense, to its owner after a pick-up
fee is paid as follows:
First (1st) offense: $25.00.
Second (2nd) offense: $50.00.
Third (3rd) offense: $100.00.
3.
Any animal picked up for the fourth (4th) offense, whether registered
or not, shall not be released to its owner until a complaint has been
signed with the Municipal Court and a summons has been issued for
the owner's appearance in Municipal Court.
B.
When ownership of an impounded animal cannot be established or when an owner has relinquished his rights to a dog, cat or other animal, in writing, and when the Animal Control Officer finds that the public interest will not be jeopardized by so doing, he may release or sell such dog, cat or other animal to a responsible person who shall comply with the requirements of Registration (Section 225.030), if such is applicable, and pay the fee set by the Board of Aldermen by resolution, which shall be no less than the actual costs incurred by the City in boarding such animal.
C.
Any dog, cat or other animal impounded under authority of Section 225.020, if not claimed by owner or released by the direction of the Animal Control Officer within twelve (12) days excluding weekends and government holidays, will be available for adoption or shall be humanely euthanized. No animal, living or dead, shall be sold, given, conveyed or otherwise transferred to laboratories or other institutions for the purpose of research or sold, given, conveyed or otherwise transferred to dealers or any individuals who supply animals to such institutions for research purposes. If there is a reason to believe the animal has bitten a person or other animal, the impounded animal shall be kept ten (10) calendar days from the date of the suspected biting. In the case that an animal is adopted by another competent person, it must be registered with the City of Herculaneum within seventy-two (72) hours of being released to the new owner if such owner resides with the City of Herculaneum.
D.
Any
dog, cat or other animal exhibiting objective signs or symptoms suggestive
of rabies or which bites any person or bites any other dog, cat or
other animal under the control of or on the property of another individual:
1.
Shall be impounded by the Animal Control Officer, or his or her representative,
and held for ten (10) calendar days for clinical observation and,
if alive and well at the end of this period, returned to its owner
on payment and completion of the penalty set forth below by the Board
of Aldermen and, further provided, that registration of the animal
be secured at owner's expense, if such has never been done more than
a year previous to impoundment.
a.
The penalty imposed on the owner of such dog, cat, or other animal
shall be the actual costs incurred by the City in boarding such animal
in addition to the following:
(1)
First (1st) incident. A fine of no less than
fifty dollars ($50.00) and/or a period of up to thirty (30) days in
confinement.
(2)
Second (2nd) incident. A fine of no less than
three hundred fifty dollars ($350.00) and/or a period of up to sixty
(60) days in confinement.
(3)
Third (3rd) incident. A fine of no less than
five hundred dollars ($500.00) and/or a period of up to ninety (90)
days in confinement.
b.
Any biting incidents by multiple dogs, cats or other animals belonging
to the same owner shall result in the incidents being considered together
for purposes of enforcing the penalties provided above.
2.
The dog, cat or other animal may be humanely euthanized at the discretion
of the Board of Aldermen if it poses a serious and immediate danger
to persons in the City.
E.
If the animal owner so elects, the impoundment required in Subsection (D), may be carried out in any veterinary hospital in Jefferson County, but at the expense of the animal's owner.
F.
Every
animal impounded under these regulations found upon arrival at the
pound to be diseased or injured and whose owner in unknown or relinquishes
ownership in writing shall be immediately euthanized unless there
is reason to believe the animal has bitten a person or other animal,
in which case the impounded animal shall be kept ten (10) calendar
days from the date of said biting. If the impounded animal dies within
ten (10) calendar days, its head shall be submitted to the Division
of Health of the State or such institution or person as it may designate
or approve for the purpose of determining the presence or absence
of the rabies virus.
G.
Any
dog, cat or other animal that has bitten or been bitten by a rabid
animal or by any animal suspected of having rabies shall be destroyed
unless the owner, at his own expense, elects one (1) of the following
options:
1.
Strict isolation in a kennel or animal hospital for six (6) months
when the animal has been adequately vaccinated for rabies within a
year.
2.
If the dog, cat or other animal has been adequately vaccinated for
rabies within the past year of the exposure, the animal shall be revaccinated
and confined securely at home for thirty (30) days.
[Ord. No. 30-2014 §1, 5-12-2014]
Any feral cat, cat running at large, or any cat found within
the City of Herculaneum without bearing a proper license tag for the
current year and whose owner is not known shall be captured and impounded
by the Animal Control Officer of the City of Herculaneum, and in the
discretion of the Animal Control Officer any such cat impounded may
be immediately euthanized.
[Ord. No. 00-018 §VI, 11-13-2000]
Any person who cruelly, in a willful and malicious manner, kills,
maims, wounds, beats or tortures any animal; or any person who impounds,
confines or causes to be impounded or confined any animal and fails
to supply the animal during such confinement with sufficient food
and water; or any owner or keeper of an animal who shall unnecessarily
fail to provide the animal with proper food, drink, shelter, or protection
from the weather; or any owner or keeper of an animal who shall cruelly
abandon the animal to die; or any keeper or owner of any animal who
shall cause or knowingly permit the animal to be treated in any such
manner as specified in this Section shall be deemed guilty of a violation
of an ordinance of the City of Herculaneum and be fined no less than
five dollars ($5.00) nor more than five hundred dollars ($500.00),
and can be incarcerated for a term not to exceed thirty (30) calendar
days, or fined as above stated or incarcerated as above stated only,
or any combination thereof.
[Ord. No. 00-018 §VII, 11-13-2000]
A.
All
pet shops, circuses and kennels shall, in addition to all other applicable
Subsections of this Section, comply with the minimum standards of
this Section. Failing to meet these standards or any one thereof shall
be grounds for denial or revocation of permit. Said standards are
as follows, to wit:
1.
Water. There shall be available hot water at a minimum
temperature of one hundred forty degrees (140°) for washing cages
and disinfecting and cold water easily accessible to all parts of
the shop. Fresh water shall be available to all species at all times.
Containers are to be cleaned and disinfected each day. All water containers
shall be mounted so they are removable for cleaning and so the animal
cannot overturn such container.
2.
Room temperature. The room temperature of the shop
shall be maintained at a level that is healthful for every species
of animal kept in the shop.
3.
Cages and enclosures. All cages and enclosures are
to be of a non-porous material for easy cleaning and disinfecting.
Each cage must be of sufficient size that the animal will have room
to stand, turn, and stretch out to its full length.
4.
Feedings. All animals under three (3) months of
age are to be fed three (3) times per twenty four (24) hours. Food
for all the animals shall be served in a clean dish so mounted so
that the animal cannot readily tip over or defecate or urinate in
the same.
5.
Birds. Each bird must have sufficient room to sit
on a perch. Perches shall be placed horizontal to each other in the
same cage. Cages must be cleaned every day and cages must be disinfected
when birds are sold. Parrots and other large birds shall have separate
cages from small birds.
6.
Fish. The water temperature shall be maintained
at a constant temperature that is healthful for the fish in the water.
7.
Upkeep. All animals must be fed and watered and
its cage must be cleaned every day, including Sundays and holidays.
8.
Bedding. There shall be sufficient clean, dry bedding
to meet the needs of each individual animal.
9.
Disease control. All animals shall be kept free
from disease and any animal suspected of having a disease contagious
to other animals or humans shall not be sold, given away, or distributed
to the public.
B.
There
shall be no riding schools, stables, or other places for keeping or
riding of horses within the City limits of the City of Herculaneum.
C.
All pet shops, circuses and kennels, as defined in Section 225.010, shall, before engaging in those above-stated occupations, obtain a permit to do so in writing from the City Clerk of the City of Herculaneum. Prior to obtaining this permit, said circuses, kennels or pet shops shall be inspected by the City Animal Control Officer to insure compliance with this Code and no permits shall be issued unless and until approval is given by said City Animal Control Officer that applicant has so complied with such provisions. Should said permit be refused, applicant may, within ten (10) business days, file an application for review with the office of the City Clerk of the City of Herculaneum. A review of the application will be had within fifteen (15) business days of the refusal to issue said permit, said review being before the Board of Aldermen who has the sole and final discretion in this matter. After hearing all testimony from both sides, the Board of Aldermen shall have sole authority as to whether the permit shall be issued.
D.
Any person found in violation of this Section shall, upon conviction, be deemed guilty of a violation of an ordinance of the City of Herculaneum and subject to the penalties provided for in Section 225.060 of this Chapter.
E.
The
City Animal Control Officer, upon being duly informed by the Municipal
Court of the City of Herculaneum of a true and final conviction of
a violation of any Section of this Chapter by a pet shop, circus or
kennel, shall file an application to revoke the permit of the convicted
person with the office of the City Clerk of the City of Herculaneum
and shall give notice by mail or in person to the offending party
of the date, time, and place of said hearing to be held before the
Board of Aldermen and to be held not less than fifteen (15) days from
time of notice.
[Ord. No. 44-2008 §§1
— 2, 12-8-2008]
A.
ANIMAL
ANIMAL CONTROL OFFICER
ANIMAL NUISANCE
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
ANIMAL SHELTER
AT LARGE
BITE
CONFINED
CONTROL OF AN ANIMAL
DANGEROUS ANIMAL
DANGEROUS DOG
1.
2.
3.
DOG
DOMESTIC ANIMAL
EUTHANASIA
HARBORER
IMPOUND
INOCULATION, VACCINATION OR VACCINATION FOR RABIES
LICENSED ANIMAL
LICENSE TAG
OWN
OWNER
PERSONS
SCRATCH
SECURE TEMPORARY ENCLOSURE
TRAP
TRAPPING
VETERINARY HOSPITAL
VICIOUS DOG
1.
2.
3.
Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
Any live, vertebrate creature, domestic or wild, other than
humans.
A Police Officer, Public Works Director or the person designated
on behalf of the City of Herculaneum.
Is created when an animal:
Runs uncontrolled;
Molests or disturbs vehicles by chasing, barking or biting;
Attacks others animals;
Damages property other than that of the owner or harborer;
Barks, whines, howls, brays, cries or makes other noise excessively
so as to cause unreasonable annoyance, disturbance or discomfort to
an individual who is a neighbor (a "neighbor" for
this purpose is hereby defined as an individual residing in a residence
structure which is within five hundred (500) feet of the property
on which the animal is kept or harbored) and who does in writing state
he will so testify if called upon to testify about such matter under
oath;
Creates noxious or offensive odors;
Defecates upon any public place or upon premises not owned or
controlled by the owner or harborer unless promptly removed by the
animal owner or harborer;
Creates an insect breeding and/or attraction site due to an
accumulation of excreta;
Is in heat and not properly confined;
Obstructs or interferes with vehicular or pedestrian traffic;
Threatens or causes a condition which endangers public health;
or
Impedes refuse collection by ripping any bag or tipping any
container of such.
Any premises designated by the City for the purpose of impounding
and caring for animals held under the authority of this Chapter.
An animal running at will, acting on its own initiative and
not secured by a leash, a lead or within a fenced area.
Any contact between an animal's mouth and teeth and the skin
of a bite victim which causes visible trauma, such as a puncture wound,
laceration, abrasion, bruise or other piercing of the skin.
The dog or dogs shall be securely confined indoors or in
a securely enclosed and locked kennel or case. The kennel or cage
shall be the size appropriate to the size of the dog or dogs kept
therein and shall provide adequate ventilation, shade from the sun
and protection from the elements. In the event of a dispute over the
appropriate size, the guidelines of the State Department of Agriculture
regulations for animal care facilities shall apply. The kennel or
cage must be constructed with nine (9) gauge steel chain link. Such
kennel or cage must have secure sides, a secure top and secure bottom
or floor attached to the sides or the sides shall be embedded in the
ground. In addition, the kennel or cage shall have a double-blind
entrance and must be locked with a key or combination lock when such
dog or dogs are within the structure. Any such kennel or cage shall
be located at least twenty-five (25) feet from the nearest point to
the dwelling of another, a church, a school or a place of business
of another and must comply with all zoning and building regulations
of the City.
The same is on a leash not more than eight (8) feet in length;
is under voice control in the presence of a competent person; is within
a vehicle being driven or parked; or is within the property limits
of the owner or harborer or upon the premises of another person with
the consent of that person.
Includes any wild mammal, reptile or fowl which is not naturally
tame or gentle but is of a wild nature or disposition and which, because
of its size, vicious nature or other characteristics, would constitute
a danger to human life or property if it is not kept or maintained
in a safe manner or in secure quarters.
Has attacked or bitten a human being or domestic animal on public
or private property; or
Chased or approached a person, including a person on a conveyance,
upon the streets, sidewalks or any public or private property in an
apparent attitude of attack; or
Has a known propensity, tendency or disposition to cause injury
or otherwise threaten the safety of humans or domestic animals.
Any member of the animal species Canis Familiaris.
Includes dogs, cats, domesticated sheep, horses, cattle,
goats, swine, fowl, ducks, geese, turkeys, confined domestic hares
and rabbits, pheasants and other birds and animals raised and/or maintained
in confinement.
The humane destruction of an animal accomplished by a method
which is approved by the American Veterinarian Medical Association.
Any person who provides food and shelter or otherwise accepts
any responsibility for the care or control of a domesticated animal.
To seize summarily, confine or restrain in custody.
The inoculation of an animal with a vaccine approved by the
State of Missouri for use in the prevention of rabies.
An animal licensed in compliance with this Section.
A metal tag issued annually by the City evidencing a licensed
animal.
Includes own, keep, harbor or have charge, custody or control
of an animal.
Any individual, firm, association, partnership, corporation
or limited liability company who owns, possesses, keeps, exercises
control over, maintains, harbors, transports or sells an animal. A
parent or legal guardian shall be deemed to be an owner of animals
owned or maintained by children upon their premises.
Any individual, firm, corporation, association or partnership.
Any contact between an animal's claws and the skin of a scratch
victim which causes visible trauma such as a puncture wound, laceration,
abrasion, bruise or other piercing of the skin.
A secure enclosure used for purposes of transporting a dangerous
or vicious animal and which includes a top and bottom permanently
attached to the sides except for a "door" for removal of the dangerous
or vicious animal. Such enclosure shall be of such material and such
door closed and secured in such a manner that the dangerous or vicious
animal cannot exit the enclosure on its own.
Any mechanical device or snare which seeks to hold, capture
or kill an animal.
The setting, laying or otherwise using a trap.
Any establishment maintained and operated by a licensed veterinarian
for the diagnosis and treatment of disease and injury of animals.
Inflicted substantial bodily harm on a human being on public
or private property; or
Killed a domestic animal without provocation while off the owner's
or harborer's property; or
Has been found to be dangerous and after the owner or harborer
has notice that the dog is dangerous, the dog aggressively bites,
attacks or endangers the safety of humans or domestic animals.
B.
Dangerous Or Vicious Dogs.
1.
Determination of a dangerous or vicious dog. In
the event the Animal Control Officer, Police Officer, Public Works
Director or the person designated on behalf of the City of Herculaneum
has probable cause to believe that a dog is dangerous or vicious,
the Board of Aldermen shall be empowered to convene a hearing for
the purpose of determining whether or not the dog in question shall
be declared dangerous or vicious. The City or the City's representative
shall notify the owner or harborer of the dog that a hearing will
be held, at which time he or she may have the opportunity to present
evidence why the dog should not be declared dangerous or vicious.
The hearing should be held promptly within no less than five (5) days
and no more than thirty (30) days after the service of notice upon
the owner or harborer of the dog, unless both the City and the owner
or harborer of the dog agree to an extension of time. The hearing
shall be informal and shall be open to the public. After the hearing,
the owner or harborer of the dog shall be notified by the Board of
Aldermen, in writing, within fifteen (15) days of the determination.
If a determination is made that the dog is dangerous or vicious, the
owner or harborer shall comply with the provisions of this Section.
In the event the Animal Control Officer, Police Officer, Public
Works Director or the person designated on behalf of the City of Herculaneum
has probable cause to believe the dog in question is dangerous or
vicious or may pose a threat of serious harm to human beings or other
domestic animals, the dog may be seized and impounded pending the
hearing before the Board of Aldermen. Upon the Board's determination
that the impounded dog is dangerous or vicious, the owner or harborer
of the dog shall be liable to the City where the dog is impounded
for the cost and expenses of keeping such dog.
2.
Control of dangerous or vicious dogs. If the Board
of Aldermen determines that a dog is dangerous or vicious, the owner
or harborer of such dog shall comply with the following:
a.
Confinement. All dangerous or vicious dogs shall be confined in an enclosure when outside of a dwelling. Said enclosure shall comply with the provisions of the definitions of "confined" and "secure temporary enclosure" in Subsection (A). It shall be unlawful for any owner or harborer to maintain a dangerous or vicious dog upon any premises which is not confined or in a secure temporary enclosure as defined in this Section. In the event that it is necessary for the owner or harborer of the dangerous or vicious dog to obtain veterinary care, professional training or to sell or give away the dangerous or vicious dog or to comply with the commander or direction of the Animal Control Officer, the dangerous or vicious dog shall be securely muzzled on a leash or crated and securely muzzled. Any crate shall be in compliance with the definition of secured temporary enclosure set forth in the Section. The muzzle should be made in the manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent if from biting any human or animal.
b.
Signs. The owner or harborer of a dangerous or vicious
dog shall display at each possible entrance to the owner's or harborer's
real property a conspicuous and clearly legible sign which shall be
at least eight (8) inches by ten (10) inches in rectangular dimensions
and contain only the words "Dangerous and Vicious Dog" in lettering
not less than two (2) inches in height.
c.
Dangerous dog license fee. All dangerous or vicious
dogs shall pay a license fee which shall be renewed annually on or
before January first (1st) of each year. The Board of Aldermen shall
adopt the license fee by resolution.
d.
Insurance. The owner or harborer of a dangerous
or vicious dog is required to present to the City Clerk proof that
the owner or harborer has procured liability insurance in the amount
of at least three hundred thousand dollars ($300,000.00) covering
any damage or injury which may be caused by such dangerous or vicious
dog during the twelve (12) month period for which licensing is sought.
The policy shall contain a provision requiring the City to be named
as an additional insured for the sole purpose of notification to the
City by the insurance company of any cancellation, termination or
expiration of the liability insurance during each annual license period
for which licensing is sought, unless the owner or harborer shall
cease to own or keep the dangerous or vicious dog prior to expiration
of such license.
e.
If any dangerous or vicious dog shall violate the provisions of this
Section, which shall include, but not be limited to, when unprovoked
attack, assault, wound, bite or otherwise injure or kill a human being,
the owner or harborer of said dangerous or vicious dog shall pay a
fine in accordance with the Municipal Code of the City of Herculaneum.
[Ord. No. 28-2009 §§1
— 2, 8-24-2009]
A.
The
maximum number of pet animals that are to be kept in a residential
dwelling as defined in the City ordinances and the Municipal Code
of the City of Herculaneum, Missouri, is as follows:
1.
The combination of up to four (4) dogs or cats over four (4) months
of age.
2.
An owner shall be deemed to be any person who, or firm or corporation
which owns, harbors, shelters, keeps, controls, manages, possesses
or has part interest in any dog or cat; the occupant of any premises
on which a dog or cat remains for a period of ten (10) calendar days
or to which it customarily returns daily for a period of ten (10)
calendar days is an owner within this Section. If a minor owns a dog,
puppy, cat or kitten or other animal subject to the provisions of
this Section, the head of the household of which said minor is a member
shall be deemed to be the owner of such dog, puppy, cat or kitten
or other animal for the purpose of this Section and shall be responsible
as the owner, whether or not such household head is a minor. A person,
firm or corporation receiving a dog or cat or other animal for temporary
care while ill for a period of no more than ten (10) calendar days,
or for safekeeping for no more than ten (10) calendar days, shall
not be deemed to be the owner of said animal.
3.
The provisions of this Section do not apply to a dog which has been
trained and is actually being used to act as a helper for a disabled
person.
B.
Keeping
more dogs or cats than what is described in this Section constitutes
a "kennel"; and in order to operate a kennel, all provisions of the
City ordinances and Municipal Code of the City of Herculaneum, Missouri,
with respect to kennels must be complied with.
