[Ord. No. 95-16 §1, 7-18-1995]
A. It
shall be unlawful to keep, harbor, own or in anyway possess within
the City limits of the City of Carl Junction any pit bull or rottweiler
dog. For the purposes of this Chapter a "pit bull" or "rottweiler" dog is defined to mean:
1. The bull terrier breed of dog;
2. Staffordshire bull terrier breed of dog;
3. American pit bull terrier breed of dog;
4. American Staffordshire terrier breed of dog;
5. Dogs of mixed breed or of other breeds than above listed which breed
or mix breed is known as pit bulls, pit bull dogs, pit bull terriers
or rottweilers;
6. Any dog which has the appearance and characteristics of being predominantly
of the breeds of bull terrier, Staffordshire terrier, rottweiler,
any other breed commonly known as pit bulls, pit bull dogs or pit
bull terriers; or a combination of any of these breeds.
[Ord. No. 95-16 §2, 7-18-1995]
A. The
prohibition shall not be applicable to pit bull or rottweiler dogs,
currently registered within the City of Carl Junction as of the effective
date of this Article. The keeping of such dogs currently registered
however, shall be subject to the following regulations:
1. Lease and muzzle. No person shall permit a registered
pit bull or rottweiler dog to go outside its kennel or pen unless
such dog is securely leashed with a leash no longer than four (4)
feet in length. No person shall permit a pit bull or rottweiler dog
to be kept on a chain, rope or other type of leash outside its kennel
or pen unless a person is in physical control of said leash. Such
dogs may not be leashed to inanimate objects such as trees, posts,
buildings, etc. In addition, all pit bull or rottweiler dogs on a
leash outside the animals' kennel or pen must be muzzled by a muzzling
device sufficient to prevent such dog from biting persons or other
animals.
2. All such dogs shall be securely confined indoors or in a securely
enclosed and locked pen or kennel, except when leashed and muzzled
as above provided. Such pen, kennel or structure must have secure
sides and a secure top attached to the sides.
3. No pit bull or rottweiler dogs shall be kept on any porch, patio,
or in any part of the house or structure that would allow a dog to
exit such building on its own volition. In addition, no such animal
may be kept in a house or structure where the windows are open or
where screen windows or screen doors are the only obstacle preventing
the dog from exiting the structure.
4. All owners or keepers of pit bull or rottweiler dogs registered in
the City must, within ten (10) days of July 18, 1995, provide to the
Police Department two (2) color photographs of the registered animal
clearly showing the color and approximate size of the animal.
5. All owners or keepers of such dogs must, within ten (10) days of
the incidents listed below, report the following to the Police Department:
a. The removal from the City or death of the animals;
b. The birth of offspring of the animal;
c. Any change in address of the owner or keeper.
6. All offspring born of pit bull or rottweiler dogs within the City
must be removed from the City within eight (8) weeks of the birth
of such animal.
7. No person shall sell, barter or in any other way transfer possession
of a pit bull or rottweiler dog within the City to any person within
the City.
[Ord. No. 08-34 §9, 8-19-2008]
A. No
person shall own keep, harbor or allow to be in or upon his/ her premises,
or allow to come within the City limits, any dangerous dog or other
animal unless it is confined in accordance with the provisions of
this Section. A dog or other animal shall be considered dangerous
by virtue of:
[Ord. No. 23-40, 12-5-2023]
1. Having inflicted a severe or fatal injury on a human being on public
or private property. "Severe injury" means any physical
injury resulting directly from an animal's bite or strike which results
in death, broken bones, lacerations requiring stitches or hospitalization.
The victim receiving severe injuries or their legal guardian must
provide the supervisor of animal control with a signed physician's
statement documenting injury and treatment qualifying such as a severe
injury, or sign an authorization for release of such statement.
2. Having killed a domestic animal, livestock or poultry without provocation,
while off the owner's property.
3. Owning or harboring primarily or in part for the purpose of fighting
or any animal trained for fighting.
4. Having bitten in an aggressive manner a human being, without provocation,
on public or private property other than the property of the owner.
5. Having bitten in an aggressive manner while on the owner's property, without provocation, a human being other than the owner or a member of the owner's family who normally resides at the place where the animal is kept; excluding dog bites under Subsection
(F)(9) of this Section.
6. When unprovoked, chases or approaches a person upon the streets,
sidewalks or any public grounds or private property of the owner in
a menacing fashion or apparent attitudes of attack, regardless of
whether or not a person is injured by the animal.
7. Possessing a known propensity, tendency or disposition to attack
unprovoked, in the opinion of the Animal Control Officer or Police
Officer, to cause injury or to otherwise threaten the safety of human
beings or domestic animals.
B. A dog
or other animal may be declared dangerous if:
1. A written complaint (citation) is signed by the individual attacked
or their legal guardian or by the Animal Control Officer or Police
Officer; and
2. A conviction of the owner of the dangerous dog or other animal occurs
in the Municipal Court of the City.
C. Any dog or other animal having a dangerous complaint initiated against such animal shall be securely impounded pursuant to Section
205.090 of this Chapter at the Joplin Humane Society or other approved location by the Animal Control Officer, Police Chief or his representative until determination of quilt occurs in the Municipal Court. The owner of such dog or other animal shall be responsible for all costs incurred while such animal is impounded. Any animal not reclaimed (if allowed) by its owner within seven (7) days after judicial action is completed shall be disposed of pursuant to Section
205.166.
D. Any person charged with a violation of this Section who, having been duly notified, fails to appear in Municipal Court shall upon order of the court waive their right to redeem their dog or other animal. The dog or other animal shall be disposed of pursuant to Section
205.166.
E. Any
dog or other animal deemed dangerous pursuant to this Chapter shall
not be sold or given away without the permission of the Animal Control
Officer or Police Chief.
F. Upon
conclusion of the determination of dangerous by the court, the following
sanctions may be imposed upon the owner of such dog or other animal:
1. Dangerous animals shall be securely confined indoors or in a securely
enclosed and locked kennel or cage. The kennel or cage shall be of
a size suitable for the species age and condition of the animal 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 United States Department of
Agriculture shall apply. The kennel or cage must have secure sides
and a secure top, such as heavy gauge chain link fence material, attached
to the sides. Such kennel or cage must have a secure bottom or floor
(concrete or asphalt) attached to the sides. The kennel or cage must
be locked with a key or combination lock when such animals are within
the structure. Any such kennel or cage must be located at least ten
(10) feet from any property lines and must comply with all zoning
and building regulations of the City. Kennels or cages for dangerous
animals must be sufficient for the breed of the species of animal
held within.
2. When confined indoors, no dangerous animal may be kept on a porch,
patio or in any part of a house, building or structure that would
allow the animal to exit such building on its own volition. No such
animal may be kept in a house, building or structure when the windows
are open. No dangerous dog or animal may be kept in a house, building
or structure when screen windows or screen doors are the only obstacles
preventing the dog from exiting the structure.
3. No person shall permit a dangerous animal to go outside its kennel,
cage or secure structure unless that person has the animal securely
leashed on a leash no longer than four (4) feet in length and that
person has physical control of the leash. Such animals shall not be
leashed to inanimate objects such as trees, posts, buildings, etc.
Additionally, all such animals on a leash outside the animal's kennel,
cage or secure structure must be muzzled by a muzzling device sufficient
to prevent the animal from biting persons or other animals.
4. A sign shall be conspicuously posted upon the kennel cage or secure
structure of any dangerous animal with letters in English at least
two (2) inches high in bold print containing a warning to "BEWARE
OF DANGEROUS ANIMAL" or words of similar impact.
5. All owners, keepers or harborers of any dangerous animal must maintain
in effect public liability insurance in the amount of one hundred
thousand dollars ($100,000.00) for bodily injury to or death of any
person or persons or for the damage to property owned by any person,
which may result from the ownership, keeping or maintenance of such
animal. All owners, keepers or harborers of dangerous animals shall
present to the Animal Control Officer a statement or receipt from
the insurance company certifying that they have the required insurance
policy in effect. Such insurance policy shall provide that no cancellation
of the policy will be made unless thirty (30) days' written notice
is first given to the Animal Control Officer.
6. The owner of such dangerous dog or other animal must register such
animal with the Police Department. The application for such registration
shall contain the name and address of the owner, the breed, age, sex,
color and identifying marks of the animal, the location of where the
animal will be kept and other such information as the Animal Control
Officer may require. A registration number for future identification
will be issued. Photographs will be taken of the animal for identification
purposes. A microchip identification device properly implanted according
to manufacturer's guidelines, by a licensed veterinarian, may be required
at the owner's expense.
7. The owner of such dog or other animal shall arrange for the spaying
or neutering of such animal at the owner's expense. This sanction
may be imposed to help relieve the aggressive nature of the animal,
the desire to wander and to prevent future offspring with dangerous
tendencies.
8. Any dog or other animal that inflicts a severe or fatal injury on
a human being on any public or private property may be deemed an imminent
threat to the public and ordered humanly euthanized by the court.
9. No dog or other animal shall be declared dangerous pursuant to any
part of the Section if the threat, injury or damage caused by such
animal was sustained by a person who, at the time, was committing
a willful trespass or other tort upon the premises occupied by the
owner of the animal or was tormenting, abusing or assaulting the animal
or has in the past been observed or reported to have tormented, abused
or assaulted the animal or was committing or attempting to commit
a crime. Nor shall any dog or other animal be declared dangerous if
it was responding to pain or injury or was protecting itself, its
kennel or cage, or its offspring. Dogs utilized as part of a K-9 Police
dog program by a Police official are exempted while performing their
duty.
10. Upon conviction of any person of a violation of the requirements
of these sanctions, the Municipal Judge may, in addition to the usual
judgment upon conviction, order the Animal Control Officer to forthwith
take up and humanely euthanize such animal.
11. Upon conviction of any animal being dangerous, a penalty as provided in Section
100.230 may be imposed in addition to any sanctions set forth in this Section.
12. Sanctions imposed by the court are to be implemented to the Animal Control Officer's satisfaction within seven (7) days after the court ruling or the dog or other animal may not be reclaimed, (if allowed) and may be disposed of pursuant to Section
205.166.
[Ord. No. 95-16 §3, 7-18-1995]
Any person violating the provisions of this Article shall upon
conviction be fined a sum not less than two hundred dollars ($200.00)
nor more than five hundred dollars ($500.00). In addition, the Court
shall order the registration of the subject pit bull or rottweiler
dog revoked and the dog removed from the City.