[Ord. No. 932 §12.105, 11-3-1980; Ord. No. 08-38 §§1 — 2, 4-7-2009]
The owner or keeper of any dog of the age of three (3) months
or older shall register said dog with the City Clerk on or before
July first (1st) of each year. The name and address of the owner or
keeper of a dog so registered and an accurate description of the dog
shall be entered in a book kept for such purposes by the City Clerk,
and a certificate of registration and a metal or plastic tag or check
bearing identical numbers shall be issued to a collar or other device
and worn by the said dog.
[Ord. No. 932 §12.110, 11-3-1980]
Before any dog shall be registered or a certificate of tag shall
be issued as above provided, the owner or keeper of said dog shall
present to the said City Clerk a certificate of immunization issued
and signed by a licensed and registered veterinarian stating that
said dog has been immunized against rabies for the current year, or
that said animal has been permanently immunized against rabies.
[Ord. No. 932 §12.115, 11-3-1980]
The annual license tax for each dog shall be two dollars ($2.00)
for male and spayed female dogs, and four dollars ($4.00) for all
other dogs. Any owner or keeper of any dog who shall fail or refuse
to pay such tax when payment is demanded shall forthwith surrender
such dog to the City Police for the purpose of being destroyed.
[Ord. No. 932 §12.120, 11-3-1980]
The City Clerk shall keep a list of the persons paying such
tax, noting the date and amount of payment, and upon request, report
to the Board of Aldermen the name of all persons who have paid such
tax and the amount collected. The tax shall be due and payable on
the first (1st) day of June each year, provided however, that if any
person shall become the owner or keeper of any dog after the month
of June in any year, such person shall pay the same tax thereof for
the remainder of the year ending June first (1st) following, as if
dog has been in the City on the preceding June, and such dog shall
be fully subjected to the provisions of this Article. The tax shall
be paid by the City Clerk into the City Treasury to the credit of
the General Fund of the City. It shall be unlawful for any person
to attach or suffer to be attached to any dog on which the tax has
not been paid for the current year, the metal or plastic tag hereinbefore
described or any imitation thereof.
[Ord. No. 99-10 §1, 5-4-1999]
A.
Any
duly authorized Public Health Official, Law Enforcement Official or
Animal Control Officer may impound any animal found running at large
outside of the owned or rented property of the owner or custodian
of such animal. Any animal impounded pursuant to this Section shall
be:
1.
If the owner can be ascertained and the animal is not diseased or
disabled beyond recovery for any useful purpose, held for recovery
by the owner. If the owner of the animal can be identified, the owner
shall be notified within five (5) business days of impoundment by
phone or by mail of the animal's location and recovery procedures.
The animal shall be held for ten (10) business days. An animal unclaimed
after ten (10) business days may be put up for adoption or humanely
killed.
2.
Placed in the care or custody of a veterinarian, the appropriate
animal control authority or animal shelter. The animal shall not be
disposed of, unless diseased or disabled beyond recovery for any useful
purpose, until after expiration of a minimum of five (5) business
days, during which time the public shall have clear access to inspect
or recover the animal through time periods ordinarily accepted as
usual business hours. After five (5) business days, the animal may
be put up for adoption or humanely killed.
3.
If diseased or disabled beyond recovery for any useful purpose as
determined by a Public Health Official, Law Enforcement Official,
veterinarian or Animal Control Officer, humanely killed.
4.
No animal, whether licensed or not, shall be allowed to run at large
or upon the premises of one other than the owner. If any such animal
is found running at large in violation of this provision, it shall
be taken up and impounded and shall not be released, except upon approval
of the Chief of Police after payment of the fees provided as follows:
a.
Upon the first (1st) taking up, a five dollar ($5.00) release fee
plus two dollars ($2.00) per day for each day or part of a day the
animal is held.
b.
Upon being taken up for the second (2nd) time, within three hundred
sixty-five (365) days of first (1st) taking up or any other previous
taking up, a release fee of twenty-five dollars ($25.00) plus two
dollars ($2.00) per day for each day or part of a day the animal is
held.
c.
Upon the third (3rd) taking up, the animal shall be disposed of by
humane methods.
|
|
Provided however, that if any dangerous, fierce or vicious animal
so found at large cannot be safely taken up and impounded, such animal
may be slain by any Police Officer.
|
B.
The
owner or custodian of an animal impounded pursuant to this Section
shall be liable for reasonable costs for the care and maintenance
of the animal. Any person incurring reasonable costs for the care
and maintenance of such animal shall have a lien against such animal
until the reasonable costs have been paid and may put up for adoption
or humanely kill any animal if such costs are not paid within ten
(10) days after demand. Any moneys received for an animal adopted
pursuant to this Subsection in excess of costs shall be paid to the
owner of such animal.
C.
The
owner or custodian of any animal killed pursuant to this Section shall
be entitled to recover the actual value of the animal up to but not
to exceed six hundred dollars ($600.00) if the owner or custodian
shows that such killing was unwarranted.
[Ord. No. 08-36 §2, 4-7-2009]
A.
Maintaining A Kennel Defined. The term to "maintain
a kennel", as used in this Chapter, shall mean owning, keeping
or harboring at any time, whether at one (1) or more premises or dwelling
units within the City of Albany, Missouri, four (4) or more dogs over
the age of four (4) months. When four (4) or more dogs are kept for
boarding, breeding, grooming, training, impounding, harboring, dealing,
exhibiting or show or for any other reason, this shall be deemed as
to "maintain a kennel".
B.
A "premises" or "dwelling unit" shall be
defined as:
1.
One (1) or more lots contiguous with each other, whether improved
or not; or
2.
Any single-family dwelling designed for or occupied exclusively for
residential purposes by one (1) family or housekeeping unit; or
3.
An apartment or unit within a multi-unit structure or complex designed
for occupancy by two (2) or more families, each of which contain kitchen,
bathroom and livings areas independent and separate from other apartments
or units.
A.
Any
duly authorized public health official or law enforcement official
may seek a warrant from the appropriate court to enable him to enter
private property in order to inspect, care for, or impound neglected
or abused animals. All requests for such warrants shall be accompanied
by an affidavit stating the probable cause to believe a violation
of Sections 578.003 to 578.023, RSMo., has occurred. A person acting
under the authority of a warrant shall not be liable for any necessary
damage to property while acting under such warrant. All animals impounded
pursuant to a warrant issued under this Section shall be:
1.
Placed in the care or custody of a veterinarian, the appropriate
animal control authority, or an animal shelter. If no appropriate
veterinarian, animal control authority, or animal shelter is available,
the animal shall not be impounded unless it is diseased or disabled
beyond recovery for any useful purpose.
2.
If it is determined by a veterinarian that an animal impounded under
a warrant is diseased or disabled beyond recovery for any useful purpose,
that animal may be humanely killed.
B.
The
owner or custodian of any animal who has been convicted of animal
neglect or animal abuse shall be liable for reasonable costs for the
care and maintenance of the animal. Any person incurring reasonable
costs for the care and maintenance of such animal shall have a lien
against such animal until the reasonable costs have been paid, and
may put up for adoption or humanely kill such animal if such costs
are not paid within ten (10) days after demand. Any moneys received
for an animal adopted pursuant to this Subsection in excess of costs
shall be paid to the owner of such animal.
C.
The
owner or custodian of any animal killed pursuant to this Section shall
be entitled to recover the actual value of the animal if the owner
or custodian shows that such killing was unwarranted.
[Ord. No. 932 §12.130, 11-3-1980]
No person shall keep within the City any dog which by loud or
frequent or habitual howling or barking shall annoy or disturb any
family or neighborhood.
[Ord. No. 932 §12.135, 11-3-1980]
It shall be unlawful for any person to keep in the City or suffer
to be kept upon his premises or under his control any dog or other
animal that is an annoyance or nuisance to any person or is vicious,
fierce, dangerous or likely to harm or injure any person, or to suffer
such dog or animal to run at large in the City.
[Ord. No. 932 §12.140, 11-3-1980]
No owner or keeper of any female dog shall suffer her to run
at large within the City while she is in heat.
[Ord. No. 932 §12.145, 11-3-1980]
The Police or other authorized person, shall apprehend any dog,
licensed or not, that has bitten any person and such dog shall be
placed in the custody of a licensed veterinarian for a period of ten
(10) days to determine whether or not the dog has rabies and to determine
if the dog is safe to be released to the owners. The owner of the
dog shall pay the veterinarian for keeping the dog ten (10) days.
[Ord. No. 932 §12.150, 11-3-1980]
It is unlawful for any person to have knowledge that any person
has been bitten by a dog or other animal, to refuse to notify the
Police promptly. It is unlawful for the owner of such dog or other
animal, to refuse or fail to comply with the written or printed recommendations
made by the Police or other designated persons in any case.
[Ord. No. 932 §12.155, 11-3-1980]
At the discretion of the Mayor, if in his opinion the safety
of the citizens of the City requires it, he may issue a proclamation
directing all owners of dogs to muzzle or keep dogs confined for a
specified time. Any dogs found running at large after the publication
of such proclamation and until such proclamation be revoked shall
be killed by the Police or other persons authorized to do so.
[Ord. No. 932 §12.160, 11-3-1980]
In the case of licensed dogs which are impounded for any reason,
the Police or other authorized person shall provide notice by ordinary
mail to the owner as shown on record at City Hall and the affidavit
of the Police or other authorized person that any notices required
hereunder have been mailed by ordinary mail with postage prepaid,
shall be prima facie evidence of the receipt of such notice by the
owner of the dog.
[Ord. No. 932 §12.165, 11-3-1980]
This Article shall not be construed to include any dog temporarily
within the City limits which displays a valid dog license from another
political subdivision where rabies inoculations are required for obtaining
a license, or in the alternative, a certificate of inoculation by
any licensed veterinarian.
[Ord. No. 932 §12.170, 11-3-1980]
No person shall interfere with, obstruct or hinder the Police
or other authorized person in their attempts to apprehend or restrain
any dog.
[Ord. No. 971 §1, 10-18-1983; Ord. No. 98-25 §1, 7-7-1998]
A.
Notwithstanding the provisions set forth in any other Section of this Article, at the discretion of the Mayor, if in his opinion the public health and safety of the citizens of the City requires it, he may issue a proclamation directing all owners of dogs to keep dogs confined from Tuesday at 6:00 P.M. until Thursday at 2:00 P.M., for such period of weeks as the Mayor in his discretion deems necessary. Any dogs found running at large during this period of time shall be taken up by the Police or other person authorized to do so, and dealt with in the manner prescribed by Section 215.050, including the assessment and collection of detention and release fees. Additionally, if the dog taken up be licensed, notice of impoundment shall be given in the manner set forth in Section 215.130.
B.
In
the event that the solid waste collector shall collect residential
solid waste on a date other than Wednesday or Thursday, then no amendment
of this Section shall be required, but the Mayor shall be authorized
to issue a proclamation for the confinement of dogs from 6:00 P.M.
on the evening preceding the first (1st) day of solid waste collection
until 2:00 P.M. on the final day of collection.
