[Ord. No. 344 §1, 12-7-2000]
A.
ANIMAL
AT LARGE
OWNER
The
following words, when used in this Chapter, shall have the meanings
set out herein:
Any dog over the age of three (3) months.
Off the premises of the owner and not under the control of
the owner of a member of his/her immediate family, either by leash
or otherwise.
Any person, firm or corporation owning, harboring or keeping
an animal.
[Ord. No. 717 §1, 4-4-2011]
Unless otherwise specified hereafter, any person, corporation,
or other entity that violates any provision of this Chapter shall
be guilty of a misdemeanor, and may be fined up to five hundred dollars
($500.00) and/or sentenced to ten (10) days in jail.
[Ord. No. 717 §2, 4-4-2011]
A.
All dogs impounded shall be kept in the custody of the designated/authorized impound facility for a period of not less than ninety-six (96) hours, excluding weekends and public holidays. They shall be fed, watered and shielded from the elements in a manner acceptable to good veterinary practice. During the ninety-six (96) hour period, the dog may be released by the Animal Control Officer to any person who shall sign an affidavit swearing the dog is his personal property. The Animal Control Officer shall, in addition, issue a summons to the owner for violation of Sections 205.020, 205.030 or 205.090, and shall impose a claiming fee as provided for in Section 205.120 and shall require that the dog's owner fulfill vaccination procedures before release, or that he carry out vaccination as set forth in Section 205.120. At the end of the ninety-six (96) hour period, if a dog has not been claimed as set out in this Section, the Animal Control Officer is at liberty to dispose of the dog in any one (1) of the following ways:
1.
Humane euthanasia in accordance with regulations promulgated by the
Director of the State Department of Agriculture.
2.
Releasing the dog to an accredited public school within the State which has a recognized research program and whose methods of animal care and use are approved by the City's Animal Control Officer or other authorized agent for the City, and upon payment of an impounding fee as provided for in Section 205.120.
[Ord. No. 344 §2, 12-7-2000; Ord. No. 445 §1, 10-4-2004; Ord. No. 751 §1, 5-21-2012]
No animal owner shall keep any animal over the age of three
(3) months within the City of Rogersville unless a license has first
been secured. Licenses shall be issued by the City Clerk for a fee
of three dollars ($3.00) per animal per year of active rabies vaccination.
The applicant for an animal license shall first present a certificate
from a qualified veterinarian that the animal has been vaccinated
against rabies and the date of expiration of the rabies vaccination.
In lieu of a certificate from a qualified veterinarian, the applicant
may present an affidavit signed by the animal's owner stating the
animal has been vaccinated for rabies along with proof of purchase
dated within the last thirty (30) days of the purchase of the rabies
vaccine. Applicants presenting an affidavit instead of a qualified
veterinarian's certificate may only receive a one (1) year license.
The City Clerk may issue a license for one (1), two (2) or three (3)
years, and the proof of rabies vaccination must cover the full time
period of the license. Licenses shall expire on the date the rabies
certificate expires.
[Ord. No. 344 §3, 12-7-2000; Ord. No. 609 §2, 7-7-2008]
A.
No
license shall be granted for an animal that has not been vaccinated
against rabies as provided in this Section during the ninety (90)
day period preceding the making of an application for such license,
except that when an animal is first licensed for an entire year hereafter
the license may be issued if the animal has been vaccinated within
a period of six (6) months preceding the application for a license.
A veterinarian who vaccinates an animal to be licensed in the City
shall complete in duplicate a certificate of vaccination. One (1)
copy shall be issued to the animal owner for affixing to the license
application, and one (1) copy shall be retained in the veterinarian's
files.
B.
Verification
of vaccination by the owner and not a qualified veterinarian can be
provided by a signed affidavit from the owner with sufficient proof
of vaccination and tags. This verification will not waive liability
on the owner in case of injury.
C.
It
shall be unlawful for any person to keep, harbor or own a dog within
the City until and unless 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.
D.
No
proof of rabies vaccination will be required of domestic fowl, rabbits
and livestock, domestic or exotic.
[Ord. No. 344 §4, 12-7-2000]
It shall be the duty of each owner of an animal to pay the license fee imposed in Section 205.020 to the City Clerk on or before the first (1st) day of January in each year, or upon acquiring ownership or possession of any unlicensed animal, or upon establishing residence in the City of Rogersville, Missouri. The Clerk shall cause a notice of the necessity of paying such license fee to be printed in the official paper one (1) time before the first (1st) day of January of each year.
[Ord. No. 344 §5, 12-7-2000]
Upon the payment of the license fee, the Clerk shall execute
a receipt in duplicate. The Clerk shall deliver the original receipt
to the person who pays the fee, retaining the duplicate. The Clerk
also shall procure a sufficient number of suitable metallic tags,
the shape of which shall be different for each license year; and he/she
shall deliver one (1) appropriate tag to the owner when the fee is
paid.
[Ord. No. 344 §6, 12-7-2000; Ord. No. 609 §2, 7-7-2008]
The owner shall cause said tag to be affixed by a permanent
metal fastening to the collar of the animal so licensed in such a
manner that the tag may be easily seen by the Animal Control Officer
of the City of Rogersville. The owner shall see that the tag is constantly
worn by such animal, except those animals considered domestic fowl,
rabbits and livestock, domestic or exotic.
[Ord. No. 344 §7, 12-7-2000]
The City Administrator of the City of Rogersville shall have
the authority to designate an employee or employees of the City as
the Animal Control Officer(s). Such designation shall be made as needed.
In the event that an employee is named to be the Animal Control Officer
on a full-time basis, said appointment must be approved by the Mayor.
[Ord. No. 344 §8, 12-7-2000]
Thirty (30) days after this Chapter takes effect and on and after the first (1st) day of January of each year thereafter, the Animal Control Officer shall take up and impound any animal found in the City of Rogersville without the tag provided for in Section 205.050 hereof and any animal violating any other Section of this Chapter; and to enforce this Chapter when a signed complaint is received.
[Ord. No. 344 §9, 12-7-2000; Ord. No. 717 §3, 4-4-2011]
A.
AT LARGE
1.
2.
It shall be unlawful for any person
owning, controlling, harboring, possessing, or having the management
or care of any dog to permit such dog to run at large.
Shall mean:
To be freely roaming on the private property of another without
the consent of the owner or person in control of the property or to
be freely roaming on any public property, street or highway without
consent of the public entity in control of the property, street or
highway.
Every dog, when on any street, alley, park, school ground or
other public place in the City, which is not attached to a leash,
the other end of which is securely held by a person, or every dog,
when on private property of another within the City, which is either
not attached to a leash, the other end of which is securely held by
a person and the leash is of sufficient length and the conditions
are such that the dog cannot leave the premises, or which is not so
confined by a fence or other device so as to prevent its straying
from the premises, shall be deemed running at large.
[Ord. No. 717 §4, 4-4-2011]
Any dog found running at large, regardless of registered vaccination,
shall be impounded. A dog running at large is hereby declared to be
a public nuisance and it shall be the duty of the Animal Control Officer
to take reasonable steps to abate the nuisance. The Animal Control
Officer and other law enforcement shall have authority to enter upon
private property in pursuing a dog which is running at large and they
shall have authority to open gates, cross fences and take whatever
steps that are necessary to abate the nuisance so as to impound the
dog that is running at large, except nothing contained in this Section
shall be construed to authorize the City employee to enter into a
dwelling of a person.
[Ord. No. 344 §10, 12-7-2000]
No person shall own, keep or harbor upon his/her premises any
dog that by loud or frequent or habitual barking, yelping or howling,
or by threat of attacking or biting, causes fear or annoyance to the
neighborhood or to persons passing upon the streets and sidewalks.
[Ord. No. 344 §11, 12-7-2000]
Upon taking up and impounding any animal as provided in Section 205.080, the Animal Control Officer shall immediately post in the office of the Chief of Police a notice of impounding in substantially the following form:
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NOTICE OF IMPOUNDING ANIMAL
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Date __________
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To Whom It May Concern:
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|
I have this day taken up and impounded in the animal shelter
of the City of Rogersville at __________________ Street, a dog answering
to the following description: Sex __________ Color __________________
Breed __________________ Approximate Age __________ Name of Owner
__________________. Notice is hereby given that unless said dog is
claimed and redeemed on or before __________ o'clock am/pm on the
_____ day of _______________, ____, the same will be sold or euthanized
as provided by ordinance.
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Signed:
Animal
Control Officer
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The date of sale or euthanasia of the animal shall be the seventh
(7th) day after the posting of the notice unless that date falls on
a Sunday or holiday, in which case it shall be the following date.
|
[Ord. No. 344 §12, 12-7-2000]
Any animal may be redeemed from the pound by the owner within
the time stated in the notice by the payment to the Clerk of the license
fee for the current year. Owner shall also be responsible for restitution
to the City for any impound fees or other associated costs incurred
for each day the animal is confined in the animal shelter.
[Ord. No. 344 §13, 12-7-2000]
Upon presentation of a correct license tag and a receipt for
an animal license for the current year and for the fees provided in
this chapter, the Animal Control Officer shall release to any owner
the animal claimed by him/her.
[Ord. No. 344 §14, 12-7-2000]
In case any animal tag is lost, a duplicate may be issued by
the Clerk upon presentation of a receipt showing the payment of the
license fee for the current year. A charge of three dollars ($3.00)
shall be made for each duplicate tag.
[Ord. No. 344 §15, 12-7-2000; Ord. No. 717 §5, 4-4-2011Ord. No. 966, 10-21-2019]
Any animal that is not claimed within seven (7) days after impounding may be adopted by a new owner. Any new owner adopting an impounded animal shall first obtain a license for the animal and shall, in addition, pay an adoption fee of twenty dollars ($20.00). Any animal not claimed by the owner or adopted shall be euthanized and disposed of by the Greene County Humane Society or other clinic or entity authorized by the City under Section 205.160.
[Ord. No. 344 §16, 12-7-2000; Ord. No. 838 §2, 5-4-2015; Ord. No. 967, 10-21-2019]
The Greene County Humane Society is hereby designated as the
City animal shelter for the purpose of placing this Chapter in effect.
[Ord. No. 344 §17, 12-7-2000]
It is unlawful to counterfeit or attempt to counterfeit the
tags provided for in this chapter or take from any animal a tag legally
placed upon it by its owner with the intent to place it upon another
animal.
[Ord. No. 344 §18, 12-7-2000]
Tags are not transferable and no refunds shall be made on any
license because of leaving the City or death of the animal before
the expiration of the license period.
[Ord. No. 344 §19, 12-7-2000; Ord. No. 717 §6, 4-4-2011]
A.
Any person, firm or corporation violating Section 205.020, Section 205.030, or 205.090 in this Article is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than twenty-five dollars ($25.00) for the first (1st) offense, seventy-five dollars ($75.00) for the second (2nd) offense, and one hundred fifty dollars ($150.00) for a third (3rd) offenses, and is responsible for all court costs in addition to these fines. Violators may be fined and penalized for additional offenses in accordance with Section 205.015. These penalties do not included the costs for boarding, treatment, damages, and other necessary care for impounding of an animal.
B.
Any person who has violated provisions of this Chapter more than three (3) times in an eighteen (18) month period shall be fined a minimum of two hundred dollars ($200.00) for the fourth (4th) offense and four hundred dollars ($400.00) for the fifth (5th) offense and each offense thereafter occurring during an eighteen (18) month period. Any person that has been found guilty of more than three (3) offenses during an eighteen (18) month period shall be required as a condition of releasing any animal impounded by the City to post a bond with the court equal to the minimum penalty for the offense as established by this Section, which bond shall be subject to forfeiture to the City if the person is found guilty of a violation of this Chapter. In addition to the fine, such person shall pay for all costs of keeping the animal. All such animals shall be disposed of by the City in accordance with the procedures set forth in Section 205.016 if the person charged fails to pay the minimum fine assessed by the court plus the costs of keeping the animal as set forth in this Chapter. It is hereby found and declared that any animal involved in a violation of provisions of this Chapter which is owned, kept or in the custody or control of a person that has been found guilty of three (3) or more offenses is a public nuisance and that the judgment of the court shall include a finding terminating all property rights in the animal if the judgment is not paid. In addition to the minimum fine set forth in this Section, the court may, in its discretion, terminate the property rights in an animal involved in a violation of this Chapter if the person who owns, keeps or has custody or control of the animal has been found guilty of more than three (3) violations of this Chapter in an eighteen (18) month period, and upon such a finding the City shall dispose of the animal in accordance with the procedures set forth in Section 205.016. The court shall have the power to issue search warrants for the purpose of seizing any animal that has been declared a public nuisance pursuant to this Section. Whenever a person has been found guilty of three (3) or more offenses and is charged with an additional offense in an eighteen (18) month period involving a violation of provisions of this Chapter, the court shall expedite the case and hear the case before all other cases involving a violation of the municipal ordinances of the City.
[Ord. No. 291 §11, 8-1-1996]
Any person owning, harboring, possessing, or having the management
or care of more than three (3) dogs in the City limits of Rogersville
shall be deemed to be in the kennel business and shall be required
to comply with all the business license ordinances and Zoning Ordinances
of the City and shall comply with all applicable State and Federal
Statutes, rules and regulations.
