[R.O. 2011 §210.120; Ord. No. 005-2023, 5-15-2023]
As used in this Article, the following words shall be construed
to have the meanings set forth below:
A dog not under the restraint and control of a person capable
of controlling and restraining the dog.
Includes any and all of the following:
Any dog with a propensity, tendency or disposition to attack
without provocation, to cause injury, or otherwise to threaten the
safety of humans or domestic animals, and which propensity, tendency
or disposition is known or reasonably should be known to its owner,
keeper or harborer; or
Any dog which without provocation chases or approaches a person
upon City streets, sidewalks or public property, or upon private property
other than the property of the owner of said dog, in a menacing fashion
or with apparent intent to attack; or
Any dog owned or harbored primarily or in part for the purpose
of dog fighting or any dog trained for dog fighting; or
Any dog which without provocation has, more than once, bitten
or inflicted physical injury on a human being, or which has killed
a domestic animal without provocation while said dog was off the owner's
property.
Any person, partnership, LLC or corporation who or which
feeds or shelters a dog for three (3) consecutive days or more.
Any person, partnership, LLC or corporation who or which
has possession of a dog.
In addition to its ordinary meaning, any person who keeps
or harbors an animal or professes to be owning, keeping, or harboring
an animal.
Any dog which, because of conditioning, training, or genetic
breeding, has a propensity, tendency or disposition to attack, bite
or injure human beings or domestic animals and which propensity, tendency
or disposition is known or reasonably should be known to the owner,
keeper or harborer of the dog.
[R.O. 2011 §210.130; Ord. No. 005-2023, 5-15-2023]
It shall be unlawful to own, keep, harbor or in any way possess within the City limits of Cabool, Missouri, any dangerous dog or vicious dog; provided, however, that any such animal located within the City of Cabool, Missouri, on July 1, 1994, and registered with the City Police Department within thirty (30) days thereafter may be kept within the City limits subject to the regulations and requirements set forth in Section 210.140 below and subject to all other City ordinances and regulations pertaining to animals not in conflict herewith.
[R.O. 2011 §210.140; Ord. No. 005-2023, 5-15-2023]
A.
The prohibition against dangerous and vicious dogs as set forth in Section 210.130 of this Article shall not be applicable to the owners, keepers and harborers of such animals which are located within the City on July 1, 1994, and duly registered with the Cabool Police Department within thirty (30) days thereafter and which are being kept in complete compliance with all of the following regulations, to-wit:
1.
Registration. All owners, keepers and harborers of any dangerous
or vicious dog located within the City shall register such dog with
the Cabool Police Department within thirty (30) days after July 1,
1994. The owner, keeper or harborer of any such dog shall provide
the following information in writing and duly signed by the applicant,
to-wit:
a.
The name, address and telephone number of the owner, keeper and harborer
of the dog being registered;
b.
The location where the registered dog is housed;
c.
Two (2) color photographs of the registered dog;
d.
Proof that the owner, keeper, or harborer of the dog has liability
insurance in the appropriate amounts as hereinafter required; and
e.
Such additional information as the Police Department may require
in order to identify the dog, its location and its owner, keeper or
harborer.
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At the time of registration, the applicant shall present a certificate
or other proof issued by a licensed veterinarian that the dog has
been vaccinated against rabies.
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Upon completing the registration, the Cabool Police Department
shall issue to the applicant a written registration certificate which
shall be issued in the name of the applicant and be signed and dated
by the officer issuing the same.
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The Police Department shall keep and maintain all registration
records until notified the registered dog has died or has been removed
permanently from the City limits.
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The Police Department also shall maintain records of all complaints
of a dog biting or attacking a person or animal without adequate provocation
and shall provide written notice of such complaint to the owner, keeper
or harborer of the dog.
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2.
Reporting Requirements. All owners, keepers or harborers of registered
dangerous or vicious dogs must report the following information, in
writing, within ten (10) days after the incident to the Cabool Police
Department:
a.
The death or permanent removal from the City of a registered dog;
b.
The birth of offspring of a registered dog particularly stating the
date of birth of said dogs, the name of the owner, keeper and harborer
of such offspring, the number of such offspring, and the name and
address of the person, partnership or corporation to whom any of the
offspring are sold or delivered.
3.
Animals Born Of Registered Dogs. All offspring born of any dangerous
or vicious dog registered within the City must be removed from the
City limits within twelve (12) weeks following the birth of said dogs.
4.
Sale Or Transfer Prohibited. No person, partnership or corporation
shall sell, barter, trade or in any way transfer ownership or possession
of a registered dangerous or vicious dog which is to be housed or
kept within the City limits unless the recipient resides permanently
in the same household and on the same premises as the registered owner
of such dog. Nothing in this Section shall be construed to prohibit
the owner, keeper or harborer of a registered dog to sell or otherwise
dispose of such dog or its offspring to any person, partnership or
corporation who or which do not reside within the City of Cabool,
Missouri. Furthermore, nothing in this Section shall be construed
to prohibit the owner, keeper or harborer of a registered dog from
temporarily leaving said dog in the possession of a license veterinarian,
a kennel or a business engaged in the grooming of dogs.
5.
Confinement. All registered dangerous or vicious dogs shall be securely
confined at all times and said dogs shall not be permitted to be at
large. All such animals shall be securely confined either: (1) indoors;
or (2) in a securely enclosed and locked pen or kennel, except when
leashed and muzzled as hereinafter provided. Such pen, kennel or structure
must have secure sides which shall be at least six (6) feet in height
above the ground. All structures used to confine registered dogs must
be locked with a key or combination lock when such animals are within
the structure. The structure must have a secure bottom or floor attached
to the sides of the structure or, in lieu of a floor or bottom, the
sides of the structure must extend into the ground at least two (2)
feet below the surface of the ground.
While within said pen, kennel or structure, all registered dogs,
with the exception of female dogs which have nursing pups, shall be
on a metal chain not less than five-sixteenths (5/16) inch gauge and
not more than ten (10) feet long which shall be securely attached
to a metal stake or a one (1) inch diameter axle staked into the ground.
The chain and stake shall be securely connected to one another and
the stake inserted into the ground in such a manner as to render the
connection and the stake incapable of separation or removal by the
animal.
If confined indoors, a registered dog shall not be kept on a
porch, patio or any part of a house or residential structure which
contains an opening which would allow the dog to leave the building
on its own volition. In addition, no registered dog may be kept in
a house or structure while the windows are open or when screen windows
or screen doors are the only physical obstacle prohibiting the dog
from leaving the structure.
6.
Leash And Muzzle. No owner, keeper or harborer of a registered dangerous
or vicious dog shall permit such dog to go outside of its kennel or
pen or place of confinement unless such dog is securely leashed with
a leash not exceeding four (4) feet in length and at all times the
owner, keeper or harborer of such dog shall be in complete and absolute
physical control of the leash. Such dogs may not be leashed or tied
to inanimate objects such as trees, posts, buildings or other objects.
In addition, all such dogs while on a leash must be muzzled by a device
sufficient to prevent such dog from biting persons or other animals
but which does not interfere with the animal's breathing or respiration.
7.
Signs. All owners, keepers or harborers of registered dangerous and
vicious dogs located within the City shall display in a conspicuous
and prominent place upon their premises a clearly visible and readable
sign using the words "BEWARE OF DOG." In addition, a similar sign
shall be posted on the kennel or pen of such animal.
8.
Insurance. All owners, keepers or harborers of registered dangerous
and vicious dogs must obtain and maintain a liability insurance policy
in the single incident amount of fifty thousand dollars ($50,000.00)
for bodily injury to or death of any person or persons or for damage
to property owned by any person or persons which may result from the
ownership, keeping or maintenance of such animal. Such insurance policy
shall provide that no cancellation of the policy will be made unless
ten (10) days written notice of said cancellation is first given to
the Cabool Police Department.
9.
Compliance Deadline. Except as hereinafter provided, all owners,
keepers and harborers of registered dangerous dogs and vicious dogs
shall comply with all of the regulations and requirements set forth
in this Section within thirty (30) days after July 1, 1994; provided,
however, that the height and depth of fences, pens and kennels and
the regulation regarding the requirement of liability insurance shall
be January 1, 1988.
All owners, keepers and harborers of dangerous dogs or vicious
dogs who had no knowledge of, or reasonably could have known of, their
dog's dangerous or vicious propensity or nature on July 1, 1994 or
within thirty (30) days thereafter shall comply with said regulations
and requirements immediately after they acquire such knowledge or
reasonably should have known of their dog's dangerous or vicious propensity
or nature, except that such an owner, keeper or harborer shall have
a period of thirty (30) days after acquiring such knowledge or after
such owner, keeper or harborer reasonably should have acquired such
knowledge to comply with the requirement for erecting a suitable fence,
kennel or pen for said dog.
10.
Failure To Comply With Regulations. It shall be unlawful for any
owner, keeper or harborer of a registered dangerous dog or vicious
dog within the City of Cabool, Missouri, to fail to comply with each
and all of the requirements and regulations set forth in this Section.
The failure of any such owner, keeper or harborer to comply with the
aforesaid regulations will result in the revocation of the registration
and license of such animal and subject the dog to immediate seizure,
impoundment and removal from the City by the Cabool Police Department.
[R.O. 2011 §210.150; Ord. No. 001-2016 §§1 — 2, 1-18-2016; Ord. No. 005-2023, 5-15-2023]
A.
Any dangerous dog or vicious dog found within the City limits of Cabool, Missouri, which is not duly registered by the owner, keeper or harborer thereof, or which, having been duly registered, is found to be in violation of the regulations set forth in Section 210.140, hereby is declared to be a public nuisance and a threat to the well-being and safety of City residents and their property. The Cabool Police Department hereby is authorized and directed to abate any such public nuisance upon the following conditions:
1.
A written or oral complaint or a Police Officer report may be
filed with the Police Department particularly stating the date, place
and facts involved in the violation.
2.
Upon investigation, any officer of the Cabool Police Department
or the duly appointed Animal Control Officer finds that said violation
has occurred.
3.
An order is issued by an officer of the Police Department to
the owner, keeper or harborer of said dog to abate the nuisance immediately
which shall specify the violation and what must be done to comply
with the regulations.
B.
In the event the owner, keeper or harborer of such dog cannot reasonably
be ascertained or found so as to serve an abatement order upon said
person, or in the event the owner, keeper or harborer of such animal
shall fail or refuse to abate said nuisance with twenty-four (24)
hours after the order of abatement is served upon him/her, then an
administrative hearing, as set forth hereinafter, shall be called
as soon as practicable.
C.
Upon receipt of a report from the Cabool Police Department that an
order of abatement has been issued but has not been followed, the
Mayor (Administrative Hearing Officer) shall hold a hearing and hear
such testimony as the Police Department and the owner, keeper or harborer
of the dog or dogs upon which an order has been made on a date specified
in a notice to show cause why the order of abatement shall not be
carried out. Any party may be represented by counsel, and all parties
shall have the opportunity to be heard. The Mayor (Administrative
Hearing Officer) shall make written findings of fact from the testimony
offered as to whether or not there is a dangerous or vicious dog found
within the City limits of Cabool and whether or not an abatement order
has been issued as to said animal. Based upon said findings of fact,
the Mayor (Administrative Hearing Officer) may affirm the order of
abatement issued by the Police Department and order that the animal
or animals be seized and impounded by the Police Department.
D.
If the owner, keeper or harborer of said dog or dogs cannot be ascertained
or found or if the owner, keeper or harborer of said dog or dogs refuses
to comply with the abatement orders issued by the Mayor (Administrative
Hearing Officer), the dog or dogs shall be seized and impounded by
the Cabool Police Department for a period of seven (7) days. After
said dog or dogs are seized and impounded, the Cabool Police Department
is authorized and directed to destroy the animal or cause its removal
from the City limits of Cabool, Missouri, if no action is taken by
the owner within seven (7) days. Then the animal can be removed from
the City limits of Cabool in such a manner as to prevent said animal
from being at large and becoming a threat to human beings and other
animals.
E.
Any owner, keeper or harborer of said dog or dogs found to be a public nuisance may within thirty (30) days from the receipt of the order of the Mayor (Hearing Administrative Officer) provided for in Section 210.150(C) of this Chapter appeal such decision to the Circuit Court of the County wherein the animal is located, pursuant to the procedure as established in Chapter 536, RSMo.
