[Ord. No. 14-023 §1, 6-2-2014]
The City of Ozark has undertaken to establish this Chapter to protect the public health and safety of its citizens and to promote the general welfare of the citizens and animals residing within the City. Animal ownership is encouraged and welcomed within this City; however, strong emphasis is placed on responsible ownership of animals. Animal owners are encouraged to respect the rights of their fellow citizens and also those of their animals. Primary responsibility is placed upon animal owners to properly train and/or secure their animals so as to prevent them from causing injuries and/or creating nuisances.
It is the policy of the City of Ozark animal control section of the Public Works Department and its animal impound facility that no adoptable animal shall be euthanized if it can be transferred to a qualified rescue organization.
The City of Ozark animal control section of the Public Works Department and the animal impound facility operates as a no-kill facility within the parameters of and lawful constraints imposed by virtue of its municipal status. As such, the no-kill designation does not preclude the euthanization of any animal when such action is necessary to ensure the public health, safety and welfare, nor does it prohibit the euthanization of sick or injured animals when no viable humane alternative remains.
Administration of this Chapter shall be coordinated by the Public Works Department through the animal control section with oversight by the City Administrator.
The Department shall provide a facility and equipment for impounding stray animals and housing confiscated animals in cruelty or neglect cases for a limited period of time as hereinafter specified in the policies and procedures authorized by the following Subsection.
The Animal Control Officer or his/her designee shall establish and update, from time to time, written policies and procedures which implement the provisions of this Chapter and which govern the administration of the animal control section and the handling of animals that come within their purview.
[Ord. No. 08-012 §1, 4-7-2008]
The following words, when used in this Chapter, shall have the meanings set out herein:
- ADEQUATE CARE
- Normal and prudent attention to the needs of an animal, including
wholesome food, clean water, shelter and health care as necessary
to maintain good health in a specific species of animal.[Ord. No. 14-023 §2, 6-2-2014]
- ADEQUATE CONTROL
- To reasonably restrain or govern an animal so that the animal
does not injure itself, any person, any other animal or property.[Ord. No. 14-023 §2, 6-2-2014]
- ADEQUATE SHELTER
- An enclosure of at least three (3) sides, a roof and a floor.
The enclosure must be ventilated and have sufficient room for the
animal(s) to move freely and to lie down comfortably. The following
are not considered an adequate shelter:[Ord. No. 14-023 §2, 6-2-2014]
- ADOPTABLE ANIMAL
- Any animal that can be handled and does not pose a threat
to the handler or other persons, appears healthy, showing no sign
of disease, injury or condition that might affect the health of the
animal in the future.[Ord. No. 14-023 §2, 6-2-2014]
- DOGS OR CATS
- All animals of the canine or feline species, both male and female.
- NO-KILL FACILITY
- A facility where no animal shall be euthanized for space
or for any treatable illness.[Ord. No. 14-023 §2, 6-2-2014]
- OWNER OR KEEPER
- Any person having a right of property in a dog or cat, or who keeps or harbors a dog or cat, or who has it in his/her care or acts as its custodian, or who knowingly permits a dog or cat to remain on or about any premises owned or occupied by him/her.
- RUNNING AT LARGE
- Allowing a dog to be off the private premises of the owner or keeper, or his/her agent or servant, and not on a leash or confined to the arms, motor vehicle, trailer or other conveyance of the owner or keeper, his/her agent or servant.
- SERIOUS PHYSICAL INJURY
- Physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body.
- A person upon the premises of the owner or keeper of the dog in question without license or privilege to be upon said premises.
- UNADOPTABLE ANIMAL
- Animals that are considered not adoptable shall include an
animal for whom euthanasia is the most humane alternative due to disease
or injury; vicious animals, the placement of whom would constitute
a danger to the public; or animals who pose a public health hazard.[Ord. No. 14-023 §2, 6-2-2014]
- UNRESTRAINED DOG
- Any dog running at large or a dog on the premises of its owner or keeper but not confined to said premises by a leash, fence, structure or other means that would prevent the dog from leaving such premises.
- VICIOUS DOG
- Any of the following dogs:
- 1. Any dog, whether or not running at large and whether or not unrestrained, that without provocation has bitten any person not a trespasser causing serious physical injury to that person.
- 2. Any unrestrained dog, whether or not running at large, that without provocation has attempted to bite any person not a trespasser which would cause serious physical injury to that person.
- 3. Any unrestrained dog, whether or not running at large, that without provocation has placed any person not a trespasser in apprehension of immediate serious physical injury.
- 4. Any dog that has killed another dog, cat or other domestic animal without provocation.
[R.O. 2006 §210.020; Ord. No. 795 §2, 6-5-1981; Ord. No. 03-006 §1, 1-20-2003]
It shall be the duty of every person who keeps, harbors or owns a dog within the City to secure an annual license therefor from the City Clerk and to secure upon such dog a collar or harness and also securely fasten to the collar or harness and keep attached to it a license tag herein provided for. The receipt issued for such license shall constitute a certificate of registry for the harboring of such dog within the City for the year which the license is issued. This Section shall apply to all dogs three (3) months of age or older.
For the issuance of each license herein provided for, the applicant shall pay to the City the following sum:
At the time of issuance of a license hereunder, the City Clerk shall deliver therewith a license tag for the dog showing the registration number and expiration date of the license.
Before the City Clerk shall issue any license tag for a dog, the applicant must submit to the City Clerk such information that the Clerk requires and further file with the Clerk a certificate from a licensed veterinarian showing that the dog was immunized against rabies and that the immunization will be effective throughout the period for which the dog license is issued. It shall be unlawful for any person to submit false information to the City Clerk.
No person shall remove or cause to be removed the collar, check or tag from any registered dog without the consent of the owner or keeper thereof.
The City Clerk is hereby authorized to establish annually the size, shape and color of dog tag licenses to be worn by all licensed dogs. It shall be unlawful for any person to duplicate the size, shape and color of such dog license tags and to sell, give away or use such duplicated tags in the City.
It shall be unlawful for any person to keep, harbor or own a dog within the City, unless and until such person secures a rabies vaccination certificate and the dog displays a tag of registration-vaccination from a veterinarian who holds a current license from the State of Missouri. The vaccination procedure described herein may be carried out at any time of the year. The resulting vaccination shall be valid for two (2) years following the date of vaccination. The tag issued after registration-vaccination shall be attached to the dog for which it was issued by means of a secure collar or harness. No person shall provide a facsimile or deface or change the tag issued in any way which shall make or cause the tag to appear valid for a longer period of time than originally intended.
[R.O. 2006 §210.030; CC 1992 §210.030; Ord. No. 712 §2, 5-1-1975]
All tags required by this Chapter to be displayed on a dog shall be attached to the dog by means of a secure collar or harness.
[R.O. 2006 §210.040; CC 1992 §210.040; Ord. No. 712 §2, 5-1-1975]
A tag indicating the fact and date of vaccination shall not be transferred from the dog receiving the vaccination indicated on the tag to any other dog.
[Ord. No. 08-012 §1, 4-7-2008]
It shall be unlawful for the owner or keeper of any dog to permit the same to run at large within the City of Ozark at any time. Any dog found without the tag provided in Section 210.020, and any dog found running at large, shall be impounded.
[R.O. 2006 §210.060; Ord. No. 712 §2, 5-1-1975; Ord. No. 99-09 §1, 4-5-1999; Ord. No. 14-023 §3, 6-2-2014]
All dogs impounded from within the City limits of the City of Ozark shall be kept in the custody of the City of Ozark, or its authorized representative, in some proper place for a period of seven (7) days to allow for release to an owner, before transfer or other disposition as allowed by this Chapter. Such dogs shall be fed, watered and shielded from the elements in a humane manner and unneutered males kept separate from unspayed females. If an impounded dog carried the tag required by this Chapter with the name and address of the owner clearly printed thereon, a representative of the City shall make reasonable efforts to notify such owner of the impoundment. Notice may be given by telephone, in person, leaving a written notice of such impoundment at the address visible on the tag or with a member of the owner's family over the age of fifteen (15) years. The City shall not be required to determine the identity of any owner or to make any efforts to notify any person(s) concerning a dog impounded which was not carrying an identification tag at the time of impoundment. However, the City shall post each such dog's picture on the City's website within forty-eight (48) hours (during a business week) and seventy-two (72) hours (during a weekend) of impoundment.
Any dog not claimed in accordance with the provisions of this Chapter within the time periods required herein for said dog to remain impounded may be transferred or disposed of by an authorized representative of the City only in the following manner and in the priority set forth below:
For any adoptable animal, the animal shall be transferred to an approved and reputable licensed animal shelter or rescue provider which agrees with the City, in writing, to indemnify and will hold the City harmless from any liability that might arise from such transfer.
If the animal is deemed unadoptable by a veterinarian licensed by the State of Missouri, then the animal shall be euthanized using a humane method by a veterinarian licensed by the State of Missouri.
[R.O. 2006 §210.070; Ord. No. 712 §2, 5-1-1975; Ord. No. 95-16 §1, 4-3-1995; Ord. No. 17-010 §1, 3-20-2017]
During the periods an impounded dog is required to be retained by the City as specified in this Chapter, the dog may be released by an authorized representative of the City to any person who shall sign an affidavit swearing that such dog is his/her personal property and paying the charges hereinafter set out. Upon claiming such dog, the claimant, upon a first offense that caused the dog to be impounded, shall pay a boarding fee of twenty dollars ($20.00) and shall be required to pay costs for rabies vaccinations, if any, and, if a City resident, shall pay for and receive the license required pursuant to Section 210.020(A) if without a license and for a second or subsequent offense may, at the City's discretion, pay a boarding fee of twenty-three dollars ($23.00) per day for dogs under fifty (50) pounds and twenty-five dollars ($25.00) per day for dogs over fifty (50) pounds and, in addition, shall be required to pay for any rabies vaccinations necessary for the dog to comply with this Chapter. In addition to the fees and charges contained herein, the person claiming such dog may be issued a summons for violation of any of the provisions of this Chapter.
[R.O. 2006 §210.080; Ord. No. 712 §2, 5-1-1975; Ord. No. 15-006 §1, 2-2-2015; Ord. No. 16-004 §1, 2-16-2016]
The owners of any dog which bites any person is guilty of a violation of this Section, unless the dog is provoked or bites another person in its own household in the defense of a person in the household or property therein from another person attempting to commit a violation of the law in or upon the household, regardless of the circumstances, and whether the dog has been vaccinated or not. The owners of the dog shall be required to place the animal in a veterinary hospital maintained by a licensed veterinarian for clinical observation for a period of at least ten (10) days following the evening of the day of the bite. Any dog impounded in accordance with the provisions of this Chapter, which has bitten a person, may be placed in such veterinary hospital by a representative of the City. All expenses for such placement and observation shall be borne by the owner of the dog or the person accepting such dog if released in accordance with the provisions hereof. If such animal develops symptoms suggestive of rabies, it shall be allowed to die a natural death or, if the animal shall die while in confinement for any reason, the head of such animal shall be removed by the veterinarian and submitted to any qualified official laboratory. If at the end of the ten (10) day period the animal is alive and has developed no symptoms suggestive of rabies, it may be released to its owner or other person in accordance with the other provisions of this Chapter, upon payment of all charges authorized herein for impounding and caring for said dog, in addition to all charges for the placement and observation of said dog in the veterinary hospital. No such dog shall be released until all conditions of this Chapter have been complied with, including rabies vaccination paid for by the owner or person accepting such dog, and the attachment of an identification tag to the dog.
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, adequate shelter or adequate control which results in substantial harm to the animal.
[Ord. No. 14-023 §4, 6-2-2014]
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.
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.
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:
The care and maintenance of neglected or abandoned animals within the person's custody or ownership;
The disposal of any dead or diseased animals within the person's custody or ownership;
The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and
The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.
A person is guilty of animal abuse when a person:
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.;
Purposely or intentionally ill treats, teases, molests, overdrives, overloads, or cruelly beats, needlessly mutilates, poisons, abuses or abandons an animal;
[Ord. No. 14-023 §5, 6-2-2014]
Having ownership or custody of an animal, knowingly fails to provide adequate care, adequate shelter or adequate control;
[Ord. No. 14-023 §5, 6-2-2014]
Fails to provide medical attention and/or necessary veterinary care when an animal is sick, diseased or injured;
[Ord. No. 14-023 §5, 6-2-2014]
Leaves or confines an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation or lack of food or water or other circumstances that could reasonably be expected to cause suffering, disability or death to the animal;
[Ord. No. 14-023 §5, 6-2-2014]
Transports any animal on a public road in any vehicle unless the animal is safely and humanely restrained so that the animal is unable to jump or fall out of the vehicle.
[Ord. No. 14-023 §5, 6-2-2014]
The Animal Control Officer may impound an animal during an investigation for a possible violation of this Section.
[Ord. No. 14-023 §5, 6-2-2014]
Note — Under certain circumstances this offense can be a felony under state law.
[R.O. 2006 §210.110; CC 1992 §210.110; CC 1974 §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.
It shall be unlawful to own, keep or harbor a vicious dog in the City of Ozark except in accordance with the following provisions:
Leash and muzzle. No person shall permit a vicious 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 vicious 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 the leash. Such dogs may not be leashed to inanimate objects such as trees, posts or buildings. In addition, all vicious dogs on a leash outside its kennel or pen must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
Confinement. All vicious 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. All structures used to confine vicious dogs must be locked with a key or combination lock when such dogs are within the structure. Said structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be imbedded in the ground no less than two (2) feet. Also, such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
Confinement indoors. No vicious dog may be kept on a porch, patio or any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
Signs. All owners, keepers or harborers of vicious dogs within the City shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog". In addition, a similar sign is required to be posted on the kennel or pen of such dog.
Appeal of determination of vicious dog. A determination made by a City officer or employee, other than the Municipal Court Judge, that a particular dog is "vicious" as defined by Section 210.010 may be reviewed, upon application made within thirty (30) days of the date of such determination, by the City Board of Adjustment. The Board of Adjustment decision shall be a final determination subject to administrative review pursuant to the laws of the State of Missouri.
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.
As used in this Section, "animal" means every living creature, domesticated or wild, but not including Homo sapiens.
The provisions of this Section shall not apply to a public servant acting in the course of such servant's official duties.
Any person in physical possession and control of any animal shall remove excreta or other solid waste deposited by the animal in any public or private area not designated to receive such wastes including, but not limited to, streets, sidewalks, parking lots, public parks or recreation areas and private property. The provisions of this Section shall not apply to a guide dog accompanying any blind person.
Whenever rabies becomes prevalent in the City, the Mayor shall, according to the necessity of the case, issue a quarantine order, requiring every owner or person in charge of any dog or dogs within the limits of the City, to either kill or impound his/her dog or dogs or to have such dog or dogs immunized. Said order shall be published once in the paper officially publishing the business of the City and, in the absence of such paper, shall be posted as in case of sales of personal property. The Mayor is authorized by proclamation to terminate any such quarantine whenever, in his/her judgment, the necessity for it no longer exists.
No person may 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, unless such person has registered such animals with the local law enforcement agency in the County in which the animal is kept.
A person commits the offense of assault on a police animal when such person knowingly attempts to kill or disable or knowingly causes or attempts to cause serious physical injury to a police animal when that animal is involved in law enforcement investigation, apprehension, tracking, or search, or the animal is in the custody of or under the control of a Law Enforcement Officer, Department of Corrections Officer, Municipal Police Department, Fire Department or a rescue unit or agency.
[R.O. 2006 §210.120; CC 1974 §73.600; Ord. No. 91-36, 8-19-1991]
No person shall keep or permit the keeping of hogs, swine or pigs on premises owned or controlled by him/her within the City; except one (1) exotic pig may be kept as a house-hold pet indoors, so long as such pig does not create a nuisance or health hazard to the neighborhood.
[R.O. 2006 §210.130; CC 1992 §210.130; CC 1974 §73.610]
No person shall keep a cow, bull, mule, jack, jennet, horse, goat or sheep in an outdoor enclosure or pasture, the exterior boundary of which is within one hundred (100) feet of the dwelling house of another, a church, school or place of business of another.
No person shall keep more than one (1) cow, bull, jack, horse, goat or sheep or any combination of such animals in an outdoor enclosure or pasture, unless such enclosure or pasture shall have an area of twenty-one thousand seven hundred eighty (21,780) square feet for each of such animals.
[Ord. No. 16-014 §1, 4-18-2016]
No person shall keep or permit the keeping of more than six (6) chicken hens on residential premises owned or controlled by him/her within the City.
Chicken roosters are not permitted.
Chicken hens must be maintained in coops/roosts which are not permitted in the front yard of the premise and must be kept in a neat and sanitary condition at all times. The coop/roost shall be well ventilated and provide protection from the weather and predators. The coop/roost must be cleaned on a regular basis so as to prevent offensive odors, attraction of flies or vermin or that would obstruct the free use of property so as to interfere with the comfortable enjoyment of life and property by members of the neighborhood or other persons.
The exterior boundary of the coop/roost cannot be any closer than fifty (50) feet to the nearest point to the dwelling of another, a church, school or place of business of another.
The person owning or controlling the residential premises shall provide for the storage or removal of droppings. Stored droppings to be used for composting shall be fully covered or placed in an enclosure. All droppings not used for composting or fertilizing shall be removed and properly disposed.
[R.O. 2006 §210.140; CC 1992 §210.140; CC 1974 §73.620; Ord. No. 14-023 §6, 6-2-2014]
No person shall keep a dog or dogs in any pen or enclosure on property owned or controlled by him/her, the exterior boundary of which pen or enclosure is closer than twenty-five (25) feet at the nearest point to the dwelling of another, a church, school or place of business of another; nor shall any person keep a dog or dogs within twenty-five (25) feet of the dwelling of another, a church, school or place of business of another.
For purposes of this Section, the word "pen" shall not include completely or substantially enclosed front or rear yards.
[R.O. 2006 §210.150; CC 1992 §210.150; CC 1974 §73.630]
No person shall keep any dog or cat which, by frequent howling, barking, baying or yelping, shall disturb the peace of the neighborhood. Nor shall any vicious dog be allowed to attack or bite any person or animal or cause annoyance to the neighborhood or persons using the public street or chase, worry or molest livestock, other dogs or children or cause any damage or injury. Any dog exhibiting the forgoing tendency or tendencies shall be securely confined upon the premises within a pen or other enclosure. Notice of the presence of such animal shall be clearly posted upon the premises where it shall be confined.
[Ord. No. 14-023 §7, 6-2-2014]
In addition to other penalties prescribed by this Chapter, upon violation and conviction of the provisions of this Section relating to vicious dogs if it shall appear to the Judge of the Municipal Court that it is necessary for the public safety and welfare that the dog concerned be euthanized, the Judge shall so order and the Chief of Police shall see that the order of the court is carried out.
[R.O. 2006 §210.160; CC 1992 §210.160; CC 1974 §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.
[R.O. 2006 §210.170; CC 1992 §210.170]
It shall be unlawful and a public nuisance for any person in charge of a residence to keep or allow to be kept more than three (3) dogs or three (3) cats, or any combination of such animals exceeding three (3) in number, over the age of ninety (90) days at such residence unless the residence is zoned agricultural pursuant to the zoning ordinances of Ozark, Missouri.
[R.O. 2006 §210.180; CC 1992 §210.180; Ord. No. 92-15 §1, 6-15-1992]
The duly appointed Animal Control Officer(s) for the City shall have authority to issue citations to persons violating the provisions of this Chapter.