[R.O. 2007 §7-76; Rev. Ords. 1951 §13.090; Ord. No. 5152 §1, 1-4-1988; Ord. No. 7165 §§1 —
3, 3-1-2010]
For the purposes of this Chapter, certain terms and words are
hereby defined. Words used in the present tense include the future,
the singular number includes the plural, and the plural the singular;
reference to the male gender include the female, and any references
to any person or animal without specifying gender include both male
and female; the word "shall" is mandatory and directory
wherever it is used in this Chapter. Other words defined are:
Any live, vertebrate creature, domestic or wild, other than
humans.
The facility or facilities operated by Poplar Bluff, Missouri,
or its authorized agents for the purpose of impounding or caring of
animals held under the authority of this Chapter or State law.
All members of the classification Felis Domesticus, male
or female, six (6) months of age or older.
A dangerous animal is a dog or cat or other animal:
Which has previously attacked or bitten any person or domestic
animal; or possesses a propensity to attack or bite man or domestic
animal; or possesses the propensity to cause annoyance to persons
using the public roads, streets and sidewalks; or has a propensity
to chase, worry or molest livestock, other dogs or cats or children,
or cause any damage or injury; and
Whose propensity described under Subparagraph (1) of this definition
is known or ought reasonably to be known by a person responsible for
the animal or specifically as to dogs, any of the following breeds:
Pit Bull Terrier, American Staffordshire Terrier, Bull Terrier, Mix
Breed of all Pit Bull Breeds.
All members of the classification Canis familiaris, male
or female sex, six (6) months of age or older.
To put to death in a humane manner, taking into account the
circumstances necessitating the euthanasia and the need to protect
the public health.
Any vaccinated or unvaccinated animal which has been bitten,
has been fighting with or has had contact with:
Any and all fowl, domesticated and wild, male and female,
single and plural.
To apprehend, seize, catch, trap, net, quarantine, tranquilize
or confine an animal in a humane manner.
Any facility designated by the Supervisor for the purpose
of confining animals pursuant to this Chapter.
All member of the classification Felis domesticus, male or
female, under the age of six (6) months.
Includes any person, firm, association, partnership or corporation
which owns, harbors, shelters, keeps, controls, manages, possesses
or has part interest in any animal. An occupant of any premises on
which a dog or cat remains or customarily returns is a person responsible
for it under this Chapter. If a person under the age of seventeen
(17) years owns an animal subject to the provisions of this Chapter,
the head of the household of which such person under the age of seventeen
(17) years is a member shall be the person responsible for the animal
under this Chapter. Such household head may himself/herself be under
the age of seventeen (17) years and therefore subject to prosecution
under this Chapter. If not a member of a household, a person under
the age of seventeen (17) years shall himself/herself be the responsible
person. There may be more that one (1) person responsible for an animal.
All members of the classification Canis Familiaris, male
or female, under six (6) months of age.
The supervisor of animal control and staff assigned to work
under the direct control of the supervisor of animal control who may
act through staff to perform any duty under this Chapter unless otherwise
specifically stated.
Any object, regardless of the shape and material, which bears
a registration number and the words (or the abbreviations) "Rabies Vaccination Registration" which has been issued
by the City pursuant to this Chapter.
The procedure of vaccination against rabies including the
issuance of a tag. The words "vaccination" and "registration" shall be interchangeable.
Unless otherwise specifically indicated, veterinarian means
any veterinarian holding a current Missouri license, or any person
acting under the direct supervision of a veterinarian who has a valid
Missouri license.
[R.O. 2007 §7-77; Ord. No. 1631 §2, 7-6-1954; Ord.
No. 4318 §1, 5-1-1978; Ord. No. 7165 §§1 — 3, 3-1-2010]
A.
It
shall be unlawful for anyone to permit any dog owned, kept or harbored
by him/her or under his/her control to run at large within the City
limits.
1.
Every person responsible for a dog or other animal shall keep it
from being at large as defined in Subparagraph (2) of this Section.
2.
At large.
a.
A dog is at large when it is outside a cage or building from which
it cannot escape unless.
(1)
It is attached to a leash held by a person that is capable of
and is in fact controlling the dog in question.
(2)
It is within a vehicle from which the animal cannot escape while
the vehicle is being driven, parked or stopped.
(3)
It is more that fifty (50) feet from a person to whose commands
the dog is obedient if such dog is not annoying any human or domestic
animal, or trespassing on private property, or in a public area where
dogs are forbidden.
b.
A dog is at large if it is not kept securely confined while in heat
or estrus. A dog in heat or estrus is confined within the meaning
of this paragraph only if:
c.
Any animal other than a dog is at large if it is not in a cage which
restrains it from interfering with any person while it is in a place
of public assembly or public commerce.
3.
Subsection (1) does not apply to animals:
a.
While being used in hunting, field trials and dog shows while on
public land set aside for those purposes;
b.
Used for tracking in conjunction with police activities; of the canine
corps of any police force of the City of Poplar Bluff, Butler County,
the Missouri State Highway Patrol, any Federal law enforcement agency
or the Armed Forces of the United States while being used to conduct
official business or being used for official purposes.
4.
Notwithstanding any provision of Subsection (2) of this Section, animals which are trained to assist persons with impaired sight, hearing or with other disability are not at large when accompanying a person they are trained to assist. Persons responsible for these animals shall possess a card issued by the school which trained the animal indicating that these animals are so trained. The Supervisor is hereby given the authority to issue such cards upon request of persons responsible for such animals. Every person who is responsible for such animal and is assisted by it shall present the card described in this Subsection to a Law Enforcement Officer or to the supervisor upon the request. Full and equal access to all public facilities and transportation shall be allowed to such animals accompanying disabled persons.
[R.O. 2007 §7-78; Rev. Ords. 1951 §§13.070,
13.120, 22.840; Ord. No. 5152 §1, 1-4-1988; Ord. No. 6668 §1, 11-17-2003; Ord. No. 7165 §§1 — 3, 3-1-2010]
A.
Any
person responsible for a dangerous animal shall:
1.
Be restricted to having no more than one (1) such animal in his/her
possession or control. The total number of such animals shall not
include litters, however, when the litter has reached sufficient maturity,
the person responsible for such litter shall be required to limit
the number of such animals to the maximum number of one (1) animal.
2.
The owner of a dangerous animal shall not suffer or permit such animal
to go unconfined on the premises of such person. A dangerous animal
is "unconfined", as the term is used in this Section,
when such animal is not securely confined indoors or confined in a
securely enclosed and locked (pad lock) pen or structure upon the
premises of said person. Such pen or structure must have secure sides
and a secure top. If the pen or structure has no bottom secured to
the sides, the sides must be imbedded into the ground no less that
one (1) foot.
3.
Upon written complaint of an offended person that a dangerous animal
is being harbored or cared for in violation of this Section, the Animal
Control Officer shall make an on-sight inspection of the premises
where the animal is kept. The officer shall then file a written report
with a committee consisting of three (3) members of the Animal Advisory
Board. Upon the recommendation of the committee, the Animal Control
Officer shall issue a warning to the owner declaring the animal to
be a dangerous animal with the reasons therefore and giving the owner
five (5) days to comply with the provisions of this Section. Should
the owner fail to comply after the five (5) day period, a citation
shall be issued to the owner.
4.
Post a notice on the premises in a place conspicuously visible to
the public and reading in letters not less that two (2) inches high "Dangerous (Dog, Cat or Other Animal)" indicating the type
of dangerous animal which is on the premises.
5.
Carry a policy of liability insurance for such animal with coverage
in a minimum amount of fifty thousand dollars ($50,000.00), said policy
to cover damages as may be caused by the animal to persons or property
of another, to be purchased in six (6) month intervals and proof shown
to Animal Control Officers. The owner shall also micro chip said animal
and register it with above officers.
B.
A person responsible for a dangerous animal may take the dangerous animal from the place of confinement described in Subsection (A)(2) if that person places a secure muzzle on the animal, places the animal on a leash having a minimum tensile strength of six hundred (600) pounds and not exceeding (3) feet in length and in fact can control the animal to the point of it not injuring or threatening any human, animal or property.
C.
Any dangerous animal found off the premises of a person responsible for it and not confined as in Subsection (A) may be seized by the Animal Control Officer, any Police Officer or other agent authorized by the Supervisor unless the animal is off the premises as permitted by Subsection (B) of this Section. Any dangerous animal which has escaped from its fenced enclosure may be impounded by the Animal Control Officers whether or not is has been returned to its enclosure at the time of impoundment. If impounded pursuant to this Subsection, the animal shall not be returned to the person responsible for it unless a court so orders.
D.
In addition to or as an alternative to the penalty which may be imposed in violation of Subsection (A) of this Section, the court may order such dangerous animal euthanized upon showing by a preponderance of the evidence of facts demonstrating that the animal is within the definition of a dangerous animal and that it has not been confined as required in Subsection (A) of this Section regardless of whether it is so confined at the time of trial or was so confined at the time of impounding.
E.
Upon
written complaint of an offended person that a dangerous animal is
being harbored or cared for in violation of this Section, the Animal
Control Officer shall make an on-sight inspection of the premises
where the animal is kept. The Animal Control Officer shall in his/her
discretion seize the animal and issue a citation to the person responsible
for such animal, or issue a warning to the owner, declaring the animal
to be a dangerous animal with the reasons therefore and giving the
owner five (5) days to comply with the provisions of this Section.
Should the person responsible for the animal fail to comply after
the five (5) day period, said animal shall be seized and impounded
and a citation shall be issued to such person.
F.
Any
dangerous animal found by the court to be harbored or cared for in
violation of this Section shall, in the court's discretion, be:
G.
No
animal may be declared dangerous if the threat, injury or damage was
sustained by a person who at the time was committing a willful trespass
or other tort upon the premises occupied by the owner, or was teasing,
tormenting, abusing or assaulting the animal, or has in the past been
observed or reported to have teased, tormented, abused or assaulted
the animal, or was committing or was attempting to commit a crime.
Any known offender shall be reported to the Police Department.
H.
Any
dangerous animal which attacks a human being or another domestic animal
may be ordered destroyed when, in the court's judgment, such dangerous
animal represents a continuing threat of serious harm to human beings
or other domestic animals.
I.
Any
person found guilty of violating this Section shall pay all expenses,
including shelter, food, veterinary expenses for identification or
boarding and veterinary expenses necessitated by the seizure of any
animal for the protection of the public, and such other expenses as
may be required for the destruction of any such animal.
[R.O. 2007 §7-79; Ord. No. 4318 §2, 5-1-1978; Ord.
No. 7165 §§1 — 3, 3-1-2010]
Any animal having dangerous or vicious propensities and tendencies
found at large may be killed by any Police Officer of the City without
such officer having to catch or impound such animal.
[R.O. 2007 §7-80; Rev. Ords. 1951 §§13.100,
13.110; Ord. No. 4435 §4, 11-5-1979; Ord. No. 7165 §§1 —
3, 3-1-2010]
A.
Any
animal that bites or is reasonably suspected of biting any person
shall be immediately seized and impounded for a period of not less
than ten (10) days and shall be boarded with a licensed veterinarian
at the owner's or keeper's expense or impounded at the City animal
shelter at the owner's expense and released to owner during normal
business hours.
B.
In
the event that the mayor reasonably determines that the existence
of any disease, or the number of dangerous animals, or the number
of animals running at large warrants extraordinary action and the
safety of the citizens demands it, he/she may issue an emergency proclamation
notifying all persons in the City that all animals within the City
will have to be muzzled or restrained or such other measures taken
and for such time as is specifically stated in the emergency proclamation.
C.
It
is hereby made the duty of all Police Officers and Animal Control
Officers to kill any animal found running at large and not muzzled
immediately after the publication of said proclamation and during
the time identified therein if such animal is identified in the proclamation.
D.
If
an animal which is subject to the vaccination requirements of this
Chapter is returned to a person responsible for it following impoundment
and is not currently vaccinated, the animal must be vaccinated in
either of the following manners:
1.
By a veterinarian selected by the person responsible for the animal
following the release of the animal upon the following conditions.
2.
The person responsible for the animal shall have the animal vaccinated
within seventy-two (72) hours following the return of the animal to
him. Failure to so vaccinate the animal shall be a separate violation
of this Chapter and will subject the animal to further impoundment
until the vaccination-registrations completed.
E.
Every
animal impounded under provisions of this Section which is found upon
arrival at the place of impounding to be diseased or injured whose
owner is unknown or relinquishes ownership may be immediately euthanized
and the specimen sent to the Department of Health for testing.
F.
If
the person responsible for the animal resides outside of the City
of Poplar Bluff, said person shall immediately return to that residence
and impound the animal and follow the Subsections of this Section.
G.
If
an animal confined pursuant to this Section dies during the observation
period, regardless of the location or the cause of death, the head
shall be removed and submitted to a laboratory (Missouri Department
of Health) for examination for rabies.
[R.O. 2007 §7-81; Rev. Ords. 1951 §13.130; Ord. No. 7165 §§1 — 3, 3-1-2010]
If any person shall interfere with, resist, hinder or obstruct
the pound master or any member of the Police force in the discharge
of any duty imposed upon them by this Article, such person shall be
deemed guilty of an ordinance violation.
[R.O. 2007 §7-82; Ord. No. 4518 §2, 10-6-1980; Ord. No. 7165 §§1 — 3, 3-1-2010]
The owner, keeper or person harboring any female dog or cat
shall, during that period that such animal is in heat, keep it securely
confined and enclosed within a building except when out upon such
person's premises briefly for toilet purposes (not to exceed fifteen
(15) minutes on each occasion) while on leash or otherwise effectively
physically restrained by said person in charge.
[R.O. 2007 §7-83; Ord. No. 4681 §1, 7-6-1982; Ord.
No. 7165 §§1 — 3, 3-1-2010]
A.
The
use of deadly weapons by animal control personnel is authorized and
limited to the following circumstances:
1.
Prior approval by the Animal Control Officer's supervisor.
2.
Unavailability of a regularly commissioned Police Officer.
3.
Exhaustion of non-lethal attempts at capture.
4.
Subject animals must be aggressive, vicious dog bite suspect or rabies
suspect, at large and posing clear immediate threat to public welfare.
5.
In the instance of near fatal accidents to subject animal, use of
a deadly weapon must be the most humane alternative of termination.
B.
The
deadly weapon to be used shall be a shotgun with the load and size
of shot determined by the officer.
C.
The
City Manager may adopt and promulgate such additional and supplemental
regulations as the City Manager deems necessary, one (1) of which
shall be specific training requirements for any animal control personnel
using deadly weapons.
[Ord. No. 7165 §§1 —
3, 3-1-2010]
A.
It
shall be unlawful to keep, harbor, own or anyway possess a pit bull/mix
dog inside the City limits of Poplar Bluff, provided that the pit
bull/mix dog has not resided in the City on the effective date of
said ordinance.
1.
A pit bull/mix for purposes of this Section is described in the definition
of "dangerous animal" in Section 205.380, to include any dog that has the appearance and characteristics of being predominantly of the breed described in the definition of "dangerous animal" in Section 205.380 or a combination of any of the pit bull dog/terrier breeds.
2.
Any dog prohibited in this Section that was kept within the City
prior to the enactment of this Section shall be exempt for the requirements
of this Section but when said dog is deceased, it shall not be replaced
with the breed described in the definition of "dangerous animal" in Section 205.380.
3.
All owners, keepers or harborers of pit bull/mix dogs that are exempt from the above Subsection (2) must have said dog micro-chipped, register the owner's information with the City (name, address, phone), visual photos of said dog, with a complete description of said animal with specific identifiers, within thirty (30) days of effective date of this Section.
4.
All owners, keepers or harborers of pit bull/mix dogs must within
ten (10) days of the incident report the following information in
writing to the Animal Control Officers and required hereinafter:
5.
No person shall sell, barter or in any other way dispose of a pit
bull/mix dog registered with the City to any person within the City
unless the recipient person resides permanently in the same household
and on the same premises as the registered owner of a pit bull/mix;
provided that the registered owner of a pit bull/mix dog may sell
or otherwise dispose of a pit bull/mix dog to persons who do not reside
within the City limits.
6.
All offspring born to pit bull/mix dogs registered with the City
must be removed from the City within eight (8) weeks of the birth
of said dog.
7.
It shall be unlawful for the owner, keeper or harborer of a pit bull/mix,
registered with the City of Poplar Bluff, that fail to comply to the
requirements and conditions set forth in this Section. Any dog found
to be the subject of a violation of this Section shall be subject
to immediate seizure and impoundment.
8.
Any person violating or permitting the violation of any provision
of this Section shall upon conviction be fined a sum not more that
five hundred dollars ($500.00). In addition to the fine imposed, the
court may sentence the defendant to imprisonment for a period not
to exceed ninety (90) days. The court shall order the dog removed
from the City or destruction of said animal. In addition, the court
shall order the registration of the subject pit bull/mix dog revoked
and the dog removed from the City. Should the defendant refuse to
remove the dog from the City, the judge may find the defendant owner
in contempt and order the immediate confiscation and impoundment of
said animal. In addition to the foregoing penalties, any person who
violates this Section shall pay all expenses to include shelter, food,
handling, veterinary care and testimony necessitated by the enforcement
of this Section.
[Ord. No. 7165 §§1 —
3, 3-1-2010]
A.
The
City of Poplar Bluff will not be responsible for the removal of any
animals caught in below said traps, not placed by Animal Control or:
1.
Homemade or fabricated by any company other than the company used
by the Poplar Bluff Animal Control.
2.
Not designed for the specific use of the animal in question (skunk,
cat, dog, raccoon, possum, etc.).
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Any person trapping an animal inside of the City limits of Poplar
Bluff must comply with all animal control guidelines. Any trap capable
of injuring or killing (steel jaw traps, steel devises, etc.) an animal
are prohibited within the City limits of Poplar Bluff, with the removal
of said traps by officers.
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