[CC 1975 §73.010; Ord. No. 90-29 §73.010, 10-2-1990; Ord. No. 08-34 §1, 8-19-2008; Ord. No. 11-01 §1, 1-18-2011]
As used in this Chapter, unless the context indicates otherwise,
the following terms shall have these prescribed meanings:
ABANDONED
An animal is abandoned if its owner fails to provide such
animal with the essential requirements for food, water, shelter and
safety for a period of three (3) days.
ANIMAL
Any living animal, domestic or wild.
AT LARGE
Being on any private property, street, alley or any other
public place or property, and not under control of the owner, or under
the control of a competent person designated by the owner to have
charge of the animal, either by leash or confinement.
CAT
Both male and female members of the feline family.
COLLAR
Any collar or harness rig worn for the purpose of restraining
the animal. "Collar" shall not mean a "flea and tick
collar" worn for the purpose of killing fleas and ticks.
COMPETENT PERSON
A human being that is capable of controlling and governing
the animal in question, or to whose commands the animal is obedient.
DANGEROUS ANIMAL
Any animal having evidenced a disposition, propensity or
tendency to attack or bite any person or other animal without provocation,
or any animal which, without provocation, in a vicious or terrorizing
manner, approaches any person in apparent attitude of attack upon
the streets, sidewalks, or any public grounds or places; or any animal
which is wild by nature and of a species which, due to size, vicious
nature or other characteristics, constitutes a danger to human life,
physical well-being, or property; or any animal which has been found
to be vicious, dangerous, or a danger or menace to persons or other
animals by a court of law of another jurisdiction after a hearing
or upon a plea agreement is hereby deemed to be a dangerous animal.
For the purpose of this Chapter, where the official records of the
Animal Control Office or the Police Department of this City or any
other jurisdiction establish that an animal has bitten any person
or other animal on one (1) or more separate occasions without provocation,
such evidence shall be prima facie evidence that said animal is a
dangerous animal. In making a determination as to whether an animal
is dangerous, elements that may be considered, but are not required
to be, are provocation, location of the event, reason for the attack,
whether the animal is acting protectively, whether the animal was
tormented or abused, the seriousness of an attack, and previous attacks.
DOG
Both male and female members of the canine family.
EXPOSED TO RABIES
Having been bitten, fought or come in contact with an animal
which is suspected of being infected with rabies.
INFECTED WITH RABIES
Manifesting any of the characteristic symptoms of rabies
as described in the most current edition of the Rabies Compendium,
published by the National Association of State Public Health Veterinarians,
which serves as the standard for rabies vaccine, treatment and policy.
LEASH
A chain, rope or strap attached to an animal used to lead
it or hold it in check, control or restraint.
OWNER
Any person or persons, firm, association or corporation owning,
keeping or harboring, possessing, having management or care of an
animal.
[CC 1975 §73.020; Ord. No. 90-29 §73.020, 10-2-1990; Ord. No. 95-18 §1, 9-5-1995; Ord. No. 02-42 §1, 9-17-2002; Ord. No. 06-48 §1, 12-5-2006; Ord. No. 09-29 §1, 7-7-2009; Ord.
No. 16-06 §1, 2-16-2016]
A. Every
animal owner who controls, manages or possesses in whole or in part
any dog or cat, or any person, firm, corporation or association who
permits a dog or cat to come or remain in or about any home, place,
business or other premises owned or controlled by such person, firm,
corporation or association in the City of Carl Junction, shall register
the animal with the City Clerk and obtain a license tag, to be renewed
annually between January 1 and January 15 of each year, for each such
dog or cat as required by this Chapter.
B. The
owner shall register the dog or cat and obtain its license tag by
presenting to the City Clerk, or to a person designated by the City
Clerk to receive animal registration information and issue license
tags, a certificate from a licensed veterinarian that the vaccination
is current, and pay a five dollar ($5.00) license fee.
C. The
City Clerk or designated person shall then issue the owner a license
tag which shall be securely fastened by means of a collar about the
neck of the dog or cat at all times.
D. For
the purpose of enforcing this Section, any City Officer is empowered
to enforce the provisions of this Chapter, when such Officer has reasonable
suspicion that this Chapter is being violated, and is hereby empowered
to enter upon any premises upon which a dog or cat is kept or harbored
and demand the owner to produce exhibition of such dog or cat and
its license.
[CC 1975 §73.021; Ord. No. 90-29 §73.021, 10-2-1990; Ord. No. 91-27 §73.021, 10-1-1991; Ord. No. 00-37 §1, 12-5-2000; Ord. No. 06-49 §1, 12-5-2006; Ord. No. 11-16 §1, 5-17-2011]
A. Anyone
not desiring to operate a kennel within the City who, because of special
circumstances or hardship, desires to own, keep or harbor on his/her
premises more than three (3), but less than six (6), dogs or cats,
not including the litters of such dogs or cats under the age of twelve
(12) weeks, may apply to the City Clerk for a Special Keeping Permit
on a form designated by the City Clerk in the same manner as hereinabove
provided for kennel permits, except that such application shall also
include the following:
1. Certification from a licensed veterinarian that each animal has had
a vaccination which is current;
2. Certification from a licensed veterinarian that each animal has been spayed or neutered, except as provided in Subsection
(B) of this Section;
3. Proof that each animal is currently licensed and registered;
4. Photos of each animal with information identifying each animal.
B. Upon completion of the application for a Special Keeping Permit as provided in Subsection
(A) of this Section, the applicant shall pay a permit fee of twenty-five dollars ($25.00) per animal for each animal in excess of three (3). Provided however, in the absence of proof as required in Subsection
(A) of this Section that an animal has been spayed or neutered, the applicant shall pay a permit fee of fifty dollars ($50.00) per animal in excess of three (3).
The Special Keeping Permit must be renewed annually on the anniversary
date of the original application by paying an additional permit fee
of twenty-five dollars ($25.00) per animal for each animal in excess
of three (3), or, if an animal has not been spayed or neutered, an
additional permit fee of fifty dollars ($50.00) per animal in excess
of three (3).
Special Keeping Permits are renewable only so long as the following
criteria are met:
1. No animal control or Code violation pertaining to the animal has
occurred within the past year;
2. Vaccinations and registrations are current; and
3. No animal has become a dangerous animal as defined by this Chapter.
[CC 1975 §73.030; Ord. No. 90-29 §73.030, 10-2-1990; Ord. No. 11-01 §2, 1-18-2011; Ord. No. 12-14 §1, 4-3-2012]
A. It
shall be unlawful for the owner of any dog, cat or other animal kept
within the City to permit such animal to run at large.
B. For
the purpose of this Chapter, every dog, cat or other animal when on
any private property, street, alley or other public place or property
in the City of Carl Junction, which is not attached to a leash, the
other end of which is securely held by a competent person, shall be
deemed running at large.
C. Provided
however, that a dog, cat or other animal bearing an identification
tag containing the name and address of its owner and a current City
license tag securely fastened to a collar about the neck of such animal
may remain in an enclosure on the property of its owner without leash
or other confinement.
D. Electronic
training collars are an acceptable means of meeting the aforementioned
Code requirement in City parks if the animal is at all times responsive
to the owner's command; however, such training collars are unacceptable
in City parks when organized activities such as the "Bluegrass Festival",
the "Summer Classic", and sporting events are underway.
E. It
shall be unlawful for the owner of any dog, cat or other animal kept
within the City to use tethering as the primary means of retaining
an animal. Tethering of any animal shall not be permitted between
the hours of 10:00 P.M. and 6:00 A.M.
[CC 1975 §73.040; Ord. No. 90-29 §73.040, 10-2-1990]
A. The
Mayor, with the advice and consent of the Board of Aldermen, may appoint
an Animal Control/Code Enforcement Officer, to serve at the pleasure
of the Mayor.
B. The
ordinance approving the appointment shall stipulate the conditions
of employment, i.e., hours worked, pay, etc.
C. The
Animal Control/Code Enforcement Officer shall be under the departmental
supervision of the Police Department.
D. In
addition, the Police Department is authorized to enforce all provisions
of this Chapter in absence of and/or at the request of the Animal
Control/Code Enforcement Officer.
[CC 1975 §73.050; Ord. No. 90-29 §73.050, 10-2-1990; Ord. No. 08-34 §2, 8-19-2008]
A. The
Animal Control/Code Enforcement Officer, Police Officer or any person
authorized by the Mayor shall have the power to catch, confine and
impound dogs, cats and other animals as follows:
1. All dogs, cats or other animals which, licensed or unlicensed, upon
complaint, are found running at large.
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 infected with rabies and all dogs,
cats and other animals suspected of being exposed to or infected 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 leashed and whether it is licensed or unlicensed.
4. All dogs, cats or other animals, licensed or unlicensed, which are
running at large and exhibit, to the distress of the public, vicious
behavior.
B. Dogs,
cats or other animals impounded in accordance with this Chapter shall
be impounded in a place designated by the Mayor.
1. Animals impounded by the City may be impounded for a maximum of seven
(7) days in the City pound.
2. Animals may be directly impounded at the Joplin Humane Society Impoundment
due to lack of space in the City pound, the animal requiring medical
attention, or because of the animal's vicious or strange behavior.
C. The
Animal Control/Code Enforcement Officer shall give notice to the Police
duty officer of every animal captured and impounded on the Animal
Control/Code Enforcement Officer's tour of duty.
[CC 1975 §73.060; Ord. No. 90-29 §73.060, 10-2-1990]
The Animal Control/Code Enforcement Officer, persons designated
by the Mayor to capture and impound animals and the members of the
Police Department while in pursuit of a dog, cat or other animal running
at large, shall have the right of entry to any lots or lands including
those of the owner of such dog, cat or other animal for the purpose
of collecting any dog, cat or other animal found in violation of this
Chapter.
[CC 1975 §73.070; Ord. No. 90-29 §73.070, 10-2-1990; Ord. No. 08-34 §3, 8-19-2008]
Any person who shall interfere with or obstruct a City Official in the reasonable performance of his/her duty in capturing any dog, cat or other animal for impounding, quarantine or investigation under this Chapter, 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 is unlicensed or for the purpose of determining if the animal has been vaccinated against rabies or the animal has been running at large in violation of this Chapter, shall be deemed guilty of an offense, the nature of which being equal to the offense of Section
210.310 of this Code, as amended, and upon conviction thereof shall be subject to a fine not to exceed five hundred dollars ($500.00) or ninety (90) days in the County Jail, or both.
[CC 1975 §73.080; Ord. No. 90-29 §73.080, 10-2-1990; Ord. No. 08-34 §4, 8-19-2008]
A. Every
animal which bites or scratches a person or which is suspected of
having been exposed to rabies shall be promptly reported to the Carl
Junction Police Department and may thereupon be securely quarantined
at the direction of the Animal Control Officer, Police Chief, Assistant
Chief or shift supervisor for a period of ten (10) days from the date
of confinement. Such animal shall be quarantined at the shelter designated
as the City pound or at the Joplin Humane Society or at a veterinary
hospital or at the home of the owner upon such conditions as the Animal
Control Officer, Police Chief, Assistant Chief or shift supervisor
shall impose, and the expense of such quarantine shall be paid by
the owner of such animal if his/her identity is known.
B. The owner, upon demand made by the Animal Control Officer, Police Chief, Assistant Chief or shift supervisor shall forthwith surrender any animal which has bitten or scratched a human or which is suspected as having been exposed to rabies for supervised quarantine, the expense of such shall be borne by the owner of such animal if his/her identity is known. Any person who willfully refuses to obey this Section of the City of Carl Junction Code of Ordinances or who willfully resists or opposes the Animal Control Officer or a member of the Carl Junction Police Department in the proper discharge of his/her duties shall be guilty of a misdemeanor and punished as provided for in Section
205.080 of the Code of Ordinances.
[CC 1975 §73.090; Ord. No. 90-29 §73.090, 10-2-1990]
A. The
Mayor, or person exercising the powers of the Mayor, shall have the
power and authority, at any time he/she 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 all animals
within the City, and it shall be the duty of any person who owns,
controls, possesses or has in custody any animal subject to rabies
to comply strictly with such quarantine order.
B. 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 some 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.
C. 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.
[CC 1975 §73.100; Ord. No. 90-29 §73.100, 10-2-1990]
Any person destroying an animal infected with rabies or suspected
of being infected with rabies shall immediately notify the Chief of
Police and shall provide the Chief of Police with all pertinent information
respecting persons bitten or suspected of being bitten by such animal
and also with all pertinent information respecting any other animal
exposed to the animal destroyed and shall surrender the carcass to
the officer investigating.
[CC 1975 §73.110; Ord. No. 90-29 §73.110, 10-2-1990; Ord. No. 09-29 §2, 7-7-2009]
Every physician shall report to the Chief of Police pertinent
information concerning any resident of the City of Carl Junction who
has been bitten by an animal suspected of being rabid and every veterinarian
shall report all pertinent information concerning any rabid animal
under his/her care. Additionally, a report shall be taken by the Carl
Junction Police Department or the Animal Control Officer for all animal
bites that are reported by a physician or an individual whether or
not the animal is suspected of having rabies. A copy of such report
shall be filed with the Animal Control Officer.
[CC 1975 §73.120; Ord. No. 90-29 §73.120, 10-2-1990; Ord. No. 95-21 §1, 12-19-1995; Ord. No. 02-42 §2, 9-17-2002; Ord. No. 11-01 §3, 1-18-2011; Ord.
No. 23-04, 2-28-2023]
A. Any
dog, cat or other animal captured and impounded or quarantined as
authorized by this Chapter for the complaint of running at large may
be redeemed by the owner or other person having the right of possession
of such animal upon presentation of a proper license and upon payment
of a redemption fee for the impoundment of any animal under the provisions
of this Article. If the animal has not been licensed and is captured
or impounded after January 15 of each year an additional fee of fifteen
dollars ($15.00) will be assessed.
1. Redemption of a licensed animal will be forty-five dollars ($45.00),
plus any accumulated keeping fees.
2. Redemption of an unlicensed animal will be sixty dollars ($60.00),
plus any accumulated keeping fees.
3. Redemption of any animal housed at the Joplin Humane Society will
be sixty-five dollars ($65.00), plus any accumulated fees.
Whenever any animal is impounded, an additional fee of four
dollars twenty-five cents ($4.25) shall be charged for each day, or
fraction thereof, of impoundment for feeding such animal. Whenever
any animal is quarantined or being held for court, an additional fee
of fourteen dollars ($14.00) shall be charged each day, or fraction
thereof.
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B. Redemption
Procedure. If the animal is not redeemed in the manner provided herein
within five (5) days (excluding Sundays and holidays) after capture,
such animal may be destroyed, adopted out, or taken to the Joplin
Humane Society. In case any impounded animal is unlicensed and not
inoculated, the owner thereof may redeem such animal by obtaining
a license, providing proof of inoculation and paying the redemption
fee.
C. The
City may, from time to time, contract with Joplin Humane Society,
Inc., for delivery of services in connection with the impoundment
and disposition of such animals as are hereinbefore described. A copy
of any contract is available at the City Clerk's office.
[CC 1975 §73.130; Ord. No. 90-29 §73.130, 10-2-1990]
The Mayor or a person designated by him/her shall have the power
and authority to order the disposal of any dog, cat or other animal
infected with rabies and he/she shall have the power and authority
to order an examination and/or impound any animal bitten by or exposed
to any animal infected with rabies.
[CC 1975 §73.140; Ord. No. 90-29 §73.140, 10-2-1990]
A. No
person who owns, controls, manages or possesses any dog, cat or other
animal shall keep or harbor upon his/her premises any dog, cat or
animal that by frequent or habitual yelping or howling, causes annoyance
to any person or persons in the immediate area.
B. Upon complaint under this Section, the complainant or the City Officer responding to such complaint may sign a complaint against the owner of the animal(s) for peace disturbance, Section
210.670 of this Code, as amended.
[Ord. No. 17-19, 8-15-2017]
[CC 1975 §73.160; Ord. No. 90-29 §73.160, 10-2-1990; Ord. No. 08-34 §5, 8-19-2008]
A. When,
in the judgment of the Animal Control Officer or the pound master,
an animal should be destroyed for humane reasons, such animal may
not be redeemed.
B. No animal impounded for being a public nuisance or impounded for violating the provisions of Sections
205.060 Subsection
(A) Subparagraphs (1), (2), (3) or (4), Sections
205.090,
205.150 or Section
205.265 of this Code shall be redeemed unless such redemption is authorized by the Municipal Court, nor shall any wild animal impounded under this Article be redeemed unless such redemption is authorized by the Municipal Court.
C. To provide for the payment for the care, room and board of any animal impounded pursuant to this Article, the Animal Control Officer may make application to a court of competent jurisdiction for an order to require the posting of a bond in favor of the City of Carl Junction to indemnify the City for the reasonable costs of board and care for any animal impounded pursuant to this Article. The bond may be in cash, or surety, in an amount set by the court and may be increased or decreased as determined by the court after a hearing. In its order, the court may provide that the failure of an owner to place a bond as ordered by a court shall be deemed an abandonment pursuant to Section
205.165 of this Code.
[Ord. No. 08-34 §6, 8-19-2008; Ord. No. 17-19, 8-15-2017]
Any animal which is abandoned within the meaning of this Chapter shall become the property of the City of Carl Junction or the Joplin Humane Society and may be adopted or disposed of after seven (7) days have expired since it came within the custody of the City of Carl Junction or the Joplin Humane Society. If the owner shall appear to reclaim the animal, he shall first pay the fees set forth in Section
205.130.
[Ord. No. 08-34 §7, 8-19-2008]
Any animal impounded under the provisions of this Article and
not reclaimed by its owner after the expiration of seven (7) days
shall become the property of the City of Carl Junction or the Joplin
Humane Society to be disposed of at their discretion and may be humanely
destroyed by the pound master.
[CC 1975 §73.170; Ord. No. 90-29 §73.170, 10-2-1990; Ord. No. 95-15 §73.170, 6-20-1995]
A. The
owner of any dog, cat or other animal shall be liable for damages
caused by such animal if said animal is at large and causes damage
to public or private property within the City limits of Carl Junction,
Missouri.
B. The
fact that said animal is running at large shall create a rebuttable
presumption that the owner of said animal allowed or permitted the
animal to be at large and the burden of proof to rebut the said presumption
shall be upon the owner of animal.
[Ord. No. 06-14 §1, 3-21-2006; Ord.
No. 20-12, 5-5-2020]
It is unlawful for any person owning or in control of any animal
to allow or permit such animal to defecate upon any private property
of another, or upon any public property, or any street right-of-way.
Provided, however, if the person owning or in control of the animal
immediately removes and properly disposes of all waste deposited by
the animal upon notice that such animal has, in fact, defecated upon
the private property of another, such person will not be in violation
of this Section.