[Ord. No. 291 §12, 8-1-1996]
A.
The owner of any dog which, through biting or scratching, breaks or abrades the skin of any person, regardless of the circumstances or whether the animal is vaccinated and registered or not, shall be required to place the animal in a veterinary hospital maintained by a licensed veterinarian, or as provided under Section 205.080 herein, for the period of ten (10) days following the evening of the day of the bite for clinical observation.
B.
All
expenses shall be borne by the owner of the animal. If such animal
develops symptoms suggestive of rabies, it shall be allowed to die
a natural death or, if the owner wishes, humanely euthanized at the
request and at the expense of the owner. If the animal should die
while in confinement for any reason, the head of such animal shall
be removed and submitted to any qualified laboratory for testing.
When the proper authorities or their duly authorized representatives
or assigns determine that an immediate examination of animal is proper
in order to provide for adequate protection of human life or safety,
then the animal may be euthanized for purposes of examination before
the lapse of ten (10) days. If at the end of the ten (10) day period
the animal is alive and in good health, it may be released to its
owner.
C.
All
dogs under clinical observation for rabies must fulfill all other
conditions of this Chapter prior to release.
[Ord. No. 291 §13, 8-1-1996]
A.
Pursuit. Whenever an assignee or the City or Police Officer
of the City shall have reasonable grounds to believe that a person
has been bitten or scratched by a dog and shall have reasonable grounds
to believe that a particular dog is guilty of having inflicted the
bite or scratch, then such representative or officer shall be authorized
to pursue such dog onto or into the property of any person whomsoever
for the purpose of taking up such animal and impounding the same and
shall be authorized to enter any place, building or property of another
when the representative or officer has reasonable grounds to believe
that such dog is thereon or therein for the purpose of taking up such
animal and impounding the same. Provided however, no officer shall
enter the dwelling place of another without first giving opportunity
to the occupant thereof, if he/she can be found, to deliver such animal
or obtaining a warrant. It shall be unlawful for any person to interfere
with any officer proceeding in accordance with the provisions of this
Section.
B.
Impoundment And Notification Of Owner. When any such officer
shall have impounded any dog, it shall be the duty of the City's assigns
or representative or officer of the City of Rogersville, Missouri,
to immediately notify the owner, if he/she is known, of such dog and
it shall be the duty of such owner to comply with the provisions of
this Section.
C.
Search Warrant. Whenever a Police Officer of the City of
Rogersville, Missouri, shall have probable cause to believe that an
animal has bitten or scratched a person, such officer may, in addition
to other remedies provided in this Section, request that a warrant
be issued to search for and seize such animal pursuant to the provisions
of this Chapter.
[Ord. No. 291 §14, 8-1-1996]
Any dog which exhibits clinical symptoms suggestive of rabies
as determined by any licensed veterinarian, the Mayor, the City Clerk,
the Animal Control Department, or any Police Officer of the City of
Rogersville, Missouri, shall be impounded on or off the property of
the owner. This animal shall be held for ten (10) days in an impoundment
from which it cannot escape and from which it cannot make physical
contract with any other animal. All expenses of said impoundment shall
be borne by the owner of the animal. If the animal is alive and in
good health at the end of said ten (10) day period, it shall be returned
to the owner or released from impoundment, as applicable, after payment
by the owner of all costs associated with said impoundment.
[Ord. No. 291 §15, 8-1-1996]
A.
Any
dog, cat, pet or rodent which has been exposed to rabies should be
immediately destroyed, unless otherwise provided in this Chapter.
If the owner is unwilling to do this, one (1) of the following alternatives
must be followed:
1.
Strict isolation in a kennel or animal hospital for six (6) months
at the expense of the owner.
2.
If no previous vaccination has been given within a period of three
(3) years with LEP (Flury strain) vaccine, or within one (1) year
using vaccine of nervous tissue origin, administer post-exposure treatment
and confinement in a kennel for three (3) months. Post-exposure treatment
may consist of administration of anti-rabies serum (0.5 ml\kg.b.w.)
followed by one (1) to three (3) does of chicken embryo vaccine within
seven (7) days or fourteen (14) injections of nervous tissue vaccine.
3.
If the animal has been vaccinated previously within one (1) year
with nerve tissue or Kelev strain vaccine or within three (3) years
with flury strain vaccine, it is recommended that the animal be revaccinated
and restrained by a leash or confined at home for thirty (30) days.
[Ord. No. 291 §16, 8-1-1996]
Whenever the proper authorities, including the Health Department
or Police Department, shall deem it necessary because of the prevalence
of rabies among the animal population of the City, County or State,
strict quarantine may be placed on all dogs and domesticated animals
in the City. This proclamation shall be construed to mean that all
dogs and other domestic animals (i.e. "pets") shall be confined in
the owner's home or tied up or placed on a leash and under the direct
physical control of a person at least fifteen (15) years of age. Violation
of this regulation shall be an offense. Any dog found otherwise during
such a quarantine shall be impounded. Dogs which are impossible to
capture shall be shot if the Mayor, Health Department representative,
or any member of the Rogersville Police Department so designate.
[Ord. No. 291 §17, 8-1-1996]
Whenever used in this Article of the Rogersville City Code,
the following terms shall be defined as follows:
Any dog that:
Has known propensity, tendency or disposition to attack when
unprovoked, upon the streets, sidewalks or any public grounds or places
upon the property of another, to cause injury or otherwise endanger
the safety of human beings or domestic animals, or approaches a person
in a menacing fashion or apparent attitude of attack;
Bites, inflicted injuries, assaults or otherwise attacks human
being or domestic animal without provocation on private or public
property; or
Is owned or harbored primarily or in part for the purpose of
dog fighting, or any dog trained for dog fighting.
Any member of the species canis familiaris.
Any person possessing, harboring, keeping or having control
or custody of a dog or a city resident who has a financial interest
in any dog.
Any physical injury which results in broken bones or lacerations
requiring either multiple stitches or cosmetic surgery.
Action by the dog not in response to being tormented, abused
or assaulted by any person, or if the dog's action was not in response
to pain or injury or to protect itself, its kennel or its offspring.
[Ord. No. 291 §18 8-1-1996]
A.
No
person shall knowingly sell, offer for sale, breed, buy or attempt
to buy any dangerous dog within the City of Rogersville, Missouri.
A dog deemed dangerous under the provisions of this Chapter shall
not be sold or given away to any other resident of the City of Rogersville,
Missouri.
B.
No
person shall knowingly own, harbor, sell or offer for sale any dog
which is to be used for the purpose of dog fighting or to be trained,
tormented, badgered, baited for the purpose of causing or encouraging
the dog to attack human beings or domestic animals when not provoked,
unless such dog has been exempted by the Mayor of the City of Rogersville,
Missouri, as a dog used in and by law enforcement authorities.
[Ord. No. 291 §19 8-1-1996; Ord. No. 717 §7, 4-4-2011]
A.
It
is unlawful for any person to own, harbor or possess a vicious dog,
except as allowed by the provisions of this Section. The Municipal
Court judge may declare a dog vicious:
1.
When evidence shows an attack or bite to a human is unprovoked.
2.
When evidence shows an attack upon another domestic animal is unprovoked.
3.
In the absence of a bite, when sufficient evidence is presented to
show the dog or dogs display characteristics such as habitually snapping,
charging, growling, or otherwise manifests a disposition to bite,
attack or injure any person or domestic animal or pet if afforded
the opportunity, or if in the judgment of the court it causes any
person to have a reasonable fear of immediate serious physical injury.
|
|
The Animal Control Officer or a City Police Officer may issue
a citation for violation of this Section, if he/she believes there
is probable cause that an alleged animal is a vicious dog.
|
B.
It
is unlawful for any person to violate any restriction imposed by this
Section after a dog has been declared a vicious dog by order of the
Municipal Court.
C.
Upon
the filing of the affidavit of a citizen, bystander, or by the Animal
Control Officer with the municipal prosecutor alleging the dog is
a vicious dog, and upon the motion of the prosecutor, the judge of
the Municipal Court may order any of the following: that the dog be
seized and impounded, that the dog be impounded past the ten (10)
day rabies observation period, or that the dog be impounded during
the pendency of charges and not be released while the charges are
pending without order of the Municipal Judge.
D.
The
City may at any time initiate an administrative hearing in writing
to determine if a dog is vicious pursuant to this Chapter. If al dog
is being held pursuant to Municipal Court order as an alleged vicious
dog, the owner of the dog may request an administrative hearing in
writing. The hearing shall be held within twenty-five (25) days of
the request unless continued based upon a showing of good cause. The
hearing examiner, as appointed by the City Mayor, shall take evidence
and determine if the facts support a finding that the dog is vicious.
If the hearing examiner finds the dog to be vicious, an order shall
be entered consistent with the remedies set forth in this Section.
The order of the hearing examiner shall be considered the same as
an order of a Municipal Judge for purpose of enforcement of the order,
except no criminal penalty shall be imposed by the hearing examiner.
If the hearing examiner is also a Municipal Judge, any charge being
prosecuted for vicious dog may be consolidated with the administrative
hearing. The Municipal Judge may enter a judgment and sentence in
the capacity of Municipal Judge and may enter an appropriate order
in the capacity of a hearing examiner.
E.
Any
dog declared vicious by the judge of the Municipal Court may be ordered
humanely euthanized immediately.
F.
Any
dog declared vicious by the judge of the Municipal Court and not ordered
euthanized and as a condition of residing within the corporate limits
of the City shall be required to meet the following mandated restrictions:
1.
The dog or dogs must receive an identification microchip implant
within one (1) week of the order of the Municipal Court. The microchip
used must be approved by the Tender Heart Animal Care Clinic or other
designated animal shelter.
2.
The dog or dogs shall be securely confined indoors or in a securely
enclosed and locked kennel or cage. The kennel or cage shall be the
size appropriate to the size of the dog or dogs kept therein and shall
provide adequate ventilation, shade from the sun, and protection from
the elements. In the event of a dispute over the appropriate size,
the guidelines of the State Department of Agriculture regulations
for animal care facilities shall apply. The kennel or cage must be
constructed with nine-gauge steel chain link. Such kennel or cage
must have secure sides, a secure top, and secure bottom or floor attached
to the sides, or the sides must be embedded in the ground. In addition,
the kennel or cage must have a double-blind entrance and must be locked
with a key or combination lock when such dog or dogs are within the
structure. Any such kennel or cage must be located at least twenty-five
(25) feet from the nearest point to the dwelling of another, a church,
a school or a place of business of another and must comply with all
zoning and building regulations of the City.
3.
The dog or dogs shall not be allowed by remedy to be removed from
the City to a location outside of the City limits.
G.
Any
dog declared vicious by the judge of the Municipal Court and not ordered
euthanized, and as a condition of residing within the corporate limits
of the City, may be required to meet any or all of the following restrictions:
1.
All owners, keepers or harborers of any vicious dog must maintain
in effect public liability insurance in a single incident amount of
one hundred thousand dollars ($100,000.00) for bodily injury to or
death of any person or persons or for damage to property owned by
any persons which may result from the ownership, keeping or maintenance
of such dog. Proof of such insurance shall be presented by such owner
upon application for renewal of the required license.
2.
When confined indoors, no vicious dog or dogs may be kept on a porch,
patio or in any part of a house, building or structure that would
allow the dog or dogs to exit such building on its own volition. No
such dog or dogs may be kept in a house, building or structure when
the windows are open. No vicious dog may be kept in a house, building
or structure when screen windows or screen doors are the only obstacles
preventing the dog from exiting the structure.
3.
No person shall permit a vicious dog or dog to go outside its kennel,
cage, or secure structure unless that person has the dog or dogs securely
leashed to a buckle collar and on a leash no longer than six feet
in length, and that person has physical control of the dog. Such dogs
shall not be leashed to inanimate objects such as trees, posts and
buildings. Additionally, all such dogs on a leash outside the dog's
kennel, cage, or secure structure must be muzzled by a humane muzzling
device sufficient to prevent the dog from biting persons or other
animals.
4.
The premises on which the dog or dogs are kept shall be clearly posted
with signage warning the public of the following:
WARNING: A DOG IS PRESENT ON THIS PROPERTY THAT HAS BEEN DECLARED
VICIOUS BY THE ROGERSVILLE MUNICIPAL COURT.
The sign shall be at least twelve (12) inches by twenty-four
(24) inches, and visible and capable of being read from the sidewalk,
street, road or highway that abuts the premises. In addition, the
sign must include a picture or symbol that conveys the idea of a vicious
dog to small children that cannot read.
5.
Any dog or dogs declared vicious by the Municipal Court cannot be
sold, given away, or ownership otherwise transferred without the expressed
permission of the Board of Aldermen.
6.
To assure compliance with the court-ordered restrictions, the Animal
Control Officer is hereby authorized to conduct unannounced inspections
of such frequency so as to determine if said restrictions are being
met.
7.
Refusal or failure to comply with any of the mandated or court-ordered
restrictions or authorized inspection shall constitute a violation
of this Code and, in addition, shall be considered as justifiable
grounds for the judge of the Municipal Court to order further restrictions
or euthanization of the dog or dogs.
H.
Any
dog or dogs maintained and utilized by any governmental law enforcement
agency shall not be considered a vicious dog so long as it is maintained
and utilized for law enforcement purposes.
[Ord. No. 291 §20, 8-1-1996]
The City of Rogersville, by and through its Mayor and Board
of Aldermen, shall have the authority to enter into contracts or agreements
with third (3rd) parties to provide the veterinarian and boarding
or kenneling or euthanization of animals as contemplated by this Chapter.
[Ord. No. 291 §21, 8-1-1996]
In the event the owner of a dangerous dog is a minor, the parent
or guardian of such minor shall be liable for all injuries and property
damage sustained by any person or domestic animal caused by an unprovoked
attack by such dangerous dog.
[Ord. No. 291 §22, 8-1-1996]
A.
In
the event the owner of a dangerous dog violates the provisions of
this Chapter, the dangerous or at large animal may be impounded pending
a formal determination by the court. In this event, the owner of the
dog or other domesticated animal shall be responsible for any costs
incurred as a result of the impounding.
B.
In
the event no owner may be found after a diligent effort to do so,
then, after holding said animal for seven (7) days, the dog may be
humanely euthanized.
[Ord. No. 291 §23, 8-1-1996]
No dog shall be declared dangerous pursuant to any Section of
this Chapter if the threat, injury or damage caused by such dog was
sustained by a person who, at the time, was committing a willful trespass
or other tort upon the premises occupied by the owner of the dog,
or was tormenting, abusing or assaulting the dog, or has in the past
been observed or reported to have tormented, abused or assaulted the
dog, or was committing or attempting to commit a crime. Nor shall
any dog be declared dangerous if it was responding to pain or injury
or was protecting itself, its kennel or its offspring.
[Ord. No. 291 §24, 8-1-1996]
A.
The
Animal Control Department and/or any member of the Rogersville Police
Department and other persons designated by the Mayor or the Board
of Aldermen shall be empowered to enforce the provisions of this Chapter.
B.
Persons
authorized to enforce the provisions of this chapter hereunder shall
have the authority to seek and execute search and seizure warrants
as is determined necessary.
[Ord. No. 291 §25, 8-1-1996]
The provisions of this chapter shall not apply to any Federal,
State or City law enforcement agency or dog specifically exempted
by order of the Mayor or Board of Aldermen because of said dog's work
in law enforcement.
[Ord. No. 266 §§1 —
3, 10-6-1994]
A.
Keeping Of Wild Animals.
1.
It shall be unlawful for any person to keep or permit to be kept
on his/her premises, or on any premises within his/her control within
the City of Rogersville, any wild animal for display or for exhibition
purpose, whether gratuitously or for a fee. This Section shall not
be construed to apply to zoological parks or circuses.
2.
It shall be unlawful for any person to keep or permit to be kept
on his/her property, or on any premises under his/her control, any
wild animal as a pet, unless a permit is granted by the appropriate
State of Missouri or Federal agency, should a permit be required for
that particular species of animal desired to be kept in the City of
Rogersville.
[Ord. No. 838 §2, 5-4-2015]
B.
WILD ANIMAL
Definitions. As used in this Section, the following term
shall mean:
Any live monkey or ape, raccoon, skunk, fox, snake or other
reptile, leopard, panther, tiger, lion, lynx or any other animal or
any bird of prey which can normally be found in the wild state.
[Ord. No. 291 §26, 8-1-1996]
Unless otherwise provided, any person who violates any provisions
of this Article shall be guilty of an offense and shall, upon conviction
therefore, be deemed guilty of a misdemeanor and be fined in a sum
of not more than five hundred dollars ($500.00) or by imprisonment
not to exceed ten (10) days, or by both such fine and imprisonment.
