[Ord. No. 1733 §1, 10-6-1994]
Whenever in this Chapter, the following terms are used, they
shall have the meanings respectively ascribed to them in this Section:
Any and all types of animals both domesticated and wild,
male and female, single and plural.
Any animal having a disposition or propensity to attack or
bite any person or other animal without provocation, or which is wild
by nature and of a species which, due to size, vicious nature or other
characteristics, constitutes a danger to human life, physical well-being,
or property.
Any dog that constitutes a physical threat to human beings or
other animals, or has a disposition or propensity to attack or bite
any person or other animal without provocation, or a dog of a breed
or mixed breed which, due to vicious nature or other characteristics,
constitutes a danger to human life, physical well-being, or property;
or any dog which has been known to bite or attack a human being or
other domestic animals without provocation one time;
Any dog which, according to the records of the Supervisor of
Animal Control, has killed a domestic animal without provocation while
off the owner's property; or
Any dog owned or harbored primarily or in part for the purpose
of dog fighting or any dog trained for dog fighting.
Any and all fowl, domesticated and wild, male and female,
single or plural.
Any person or persons who shall allow any animal or fowl
to habitually remain or to be lodged or fed for a period of three
(3) or more consecutive days within his or their house, store, yard,
enclosure or place, shall be deemed and considered as keeping, harboring
and owning the same within the meaning of this Chapter.
An establishment kept for the purpose of breeding, selling,
or boarding dogs, cats or miniature pigs, or engaging in training
dogs, cats or miniature pigs.
[Ord. No. 3228 § 3, 9-19-2016]
Any breed of domestic swine not exceeding one hundred (100)
pounds in weight at maturity commonly known as Vietnamese Pot Bellied
Pig, or any swine not exceeding one hundred (100) pounds in weight
at maturity which has the appearance and characteristics of being
predominantly of said breed of swine.
Singular or plural, and shall include any group or association
of individuals and all members thereof.
Any animal (or group of animals) which:
Molests or chases any pedestrian or passing vehicles including,
but not limited to bicycles.
Attacks any other animal.
Is in heat and not properly confined as provided in Section 205.430.
Damages public or private property.
Barks, whines, or howls in an excessive fashion which is hereby
defined as continuous or untimely so as to disturb the sleep of an
individual who is a neighbor (a "neighbor" for this
purpose is hereby defined as an individual residing in a residence
structure which is within the vicinity of the property on which the
animal is kept or harbored) and who does in writing state that he/she
will so testify if called upon to testify about such matter under
oath.
Is ridden on public property without a permit or which obstructs
or interferes with vehicular or pedestrian traffic.
Causes injury to people.
Threatens or causes a condition which endangers public health.
Impedes refuse collection by ripping any bag or tipping any
container of such.
Eliminates feces on property other than that of its owner unless
its owner or keeper immediately cleans up behind the animal.
[Ord. No. 1733 §2, 10-6-1994]
Except where otherwise provided by the Board of Aldermen, the
Chief of Police shall be the Supervisor of Animal Control to administer
and enforce the provisions of this Chapter.
[Ord. No. 1733 §3, 10-6-1994]
It shall be the duty of the Supervisor of Animal Control and
Police Department of the City to enforce the provisions of this Chapter.
[Ord. No. 1733 §4, 10-6-1994]
The Supervisor of Animal Control or City Clerk shall keep a
record in which he/she shall enter all his/her official transactions.
Such records shall be open to the inspection of any authorized person.
[Ord. No. 1733 §5, 10-6-1994]
The City of Pleasant Valley shall maintain an arrangement to
provide an animal shelter wherein shall be impounded animals as provided
in this Chapter.
[Ord. No. 1733 §6, 10-6-1994]
A.
No person shall own, keep, harbor or allow to be upon any premises occupied by him/her or under his/her charge or control any dangerous animal as defined in Section 205.010 of this Chapter.
B.
The keeping or harboring of dangerous animals within the City is hereby prohibited. Other than as to dogs which are regulated by Section 205.450, the Supervisor of Animal Control shall have the authority to declare an animal dangerous because of past behavior, violations, or the inherently dangerous nature of the animal as to persons. Such a declaration shall be grounds for the impoundment and destruction of the animal unless, without danger to the public, it can be and is removed from the City within forty-eight (48) hours.
C.
The
keeping or harboring of any poisonous animal or any warm-blooded carnivorous
or omnivorous animal (including but not limited to non-human primates,
raccoons, foxes, leopards, panthers, tigers and lions, but excluding
fowl, dogs, house cats, miniature pigs and small rodents of varieties
used for laboratory purposes) within the City is hereby prohibited.
Non-poisonous snakes shall be kept in locked escape-proof cages except
when being handled. No snake shall be permitted by the owner, keeper
or handler to escape from a cage or while being handled.
[Ord. No. 1733 §7, 10-6-1994]
It shall be unlawful for any person to maintain any animal within the City as a public nuisance as such is defined by the common law of Missouri, the Statutes of Missouri or in Section 205.010 of this Chapter.
[Ord. No. 1733 §8, 10-6-1994]
A.
It
shall be unlawful for any person or persons owning, keeping or harboring
any dog, cat or miniature pig to permit such animal to run at large
within the City. For the purposes of this Section, any dog shall be
deemed to be running at large when found on property other than that
of the owner, keeper or harborer thereof, unless such animal is securely
fastened to a leash not more than eight (8) feet in length and of
sufficient strength to restrain such dog, cat or miniature pig and
such leash is securely held by a responsible person capable of controlling
such animal. Provided that, notwithstanding any other provision of
this Section, any animal which shall trespass upon the private property
of another or any animal which shall, by jumping upon or threatening
persons upon public streets, cause such persons to be put in fear
of injury, shall be deemed to be running at large in violation of
this Section.
B.
Exceptions. The provisions of this Section shall not apply to the owner, keeper or harborer of any "seeing eye" dog which qualifies as such under Section 205.310 and is being used in that capacity, or to any officer of the Police Department using any dog in the lawful discharge of his/her official duties, or to any person handling a dog in the course of an organized dog training program.
[Ord. No. 1733 §9, 10-6-1994]
Any dog, cat or miniature pig found running at large in violation of Section 205.080 may be taken up and impounded in the animal shelter.
[Ord. No. 1733 §10, 10-6-1994]
Any unrestrained dog, cat or miniature pig or any animal defined
as a public nuisance by this Chapter may be taken by the Supervisor
of Animal Control and impounded in the animal shelter or at a designated
holding place and be there confined in a humane manner pending further
action pursuant to this Chapter or other law. If an owner or keeper
is present, in lieu of impoundment a general ordinance summons may
be issued to that person and said person may retain possession of
the animal if it is the belief of the officer issuing such summons
that such possession is not in conflict with any other Section of
this Chapter.
[Ord. No. 1733 §11, 10-6-1994]
A.
Whenever any animal is taken up under and by the authority of this Chapter, it shall be released upon satisfactory proof that the party claiming the animal is entitled to possession thereof and payment by the party claiming the animal to the animal shelter of the fee prescribed by Section 205.120 for the care of the animal during impoundment.
B.
Whenever any animal shall remain in the animal shelter for a period longer than seven (7) days from the impounding of such animal (except those animals under authority of Section 205.460 in which case said period shall begin upon the expiration of the observation period therein provided) said animal shall be disposed of in some humane manner by the animal shelter.
C.
The
Supervisor of Animal Control may, in lieu of having an unclaimed animal
killed as provided herein, adopt such animal, provided that in the
judgement of the Supervisor of Animal Control said person adopting
such animal will humanely care for it and will not permit its use
for laboratory or experimental purpose.
[Ord. No. 1733 §12, 10-6-1994; Ord. No. 2991, 6-21-2010]
The fee for the care of any animal during the period of impoundment
shall be at the rate of fifteen dollars ($15.00) per each day or portion
of a day that said animal is impounded. However, such fees shall be
increased by the actual amount of any unusual expenses incurred either
in pickup, impoundment or care of said animal.
[Ord. No. 1733 §13, 10-6-1994]
The Supervisor of Animal Control shall promptly, after the impounding
of any animal, notify the owner of such animal of its capture and
impoundment, if the owner can be determined and located by reasonable
investigation; provided however, that no liability shall be attached
to the City, its employees or to the Supervisor of Animal Control
for failure to give such notice.
[Ord. No. 1733 §14, 10-6-1994]
It shall be unlawful for any owner or keeper to abandon an animal.
For the purpose of this Section, to abandon means for the owner or
keeper to leave an animal without demonstrated or apparent intent
to recover or to resume custody; to leave an animal for more than
twelve (12) hours without providing for adequate food and shelter
for the duration of the absence; or, to turn out or release an animal
for the purpose of causing it to be impounded.
[Ord. No. 1733 §15, 10-6-1994]
No cattle, livestock, fowl or swine of any kind shall be permitted
to run at large within the City, or be herded or pastured in or upon
any street or park of the City, and no such animals shall be kept
or herded upon any unenclosed land within the City, and no such animal
shall be driven loose, single or in herd on any street or park road
of the City.
[Ord. No. 1733 §16, 10-6-1994]
Any animal or fowl found to be running at large in violation of Section 205.150 shall be taken up and impounded.
[Ord. No. 1733 §17, 10-6-1994]
Any person taking up or causing to be taken up, any animal found
running at large within the limits of the City, shall immediately
report the same to the Supervisor of Animal Control.
[Ord. No. 1733 §18, 10-6-1994]
A.
No
livestock (as used herein meaning, including but not exclusively limited
to, the following types of animals: horses, mules, cattle, sheep,
goats and swine) shall be kept or maintained on less than one (1)
acre of land within the corporate limits of the City of Pleasant Valley,
Missouri nor shall they be kept or maintained within seventy-five
(75) feet of the nearest portion of any building occupied by or in
anywise used by human beings, other than the dwelling occupied by
the owner or keeper of such animals. Beyond this limitation of seventy-five
(75) feet, not more than two (2) of the aforesaid animals shall be
kept, provided the limitation of two (2) horses shall not apply to
a riding stable, nor shall the limitation of two (2) such animals
apply to a commercial stock yard or land zoned for agricultural use.
Where stables are erected for the housing of the aforesaid animals
it shall comply with all zoning restrictions.
B.
All
manure accumulations in the area where livestock are kept shall be
removed, stored or disposed of in such a manner as to prevent the
breeding of flies and the spread of disease.
[Ord. No. 1733 §19, 10-6-1994]
A.
Location. It shall be unlawful for any person to keep or
maintain any chicken coop, dove cote, rabbit hutch or other yard establishment
for the housing of fowl or small animals, except dogs, closer than
two hundred (200) feet to the nearest portion of any building occupied
by or in anywise used by human beings, other than the dwelling occupied
by the owner or keeper of the animals or fowl, except where such fowl
or animals are kept for sale within a bona fide produce market, commission
house or store for purposes of trade and while so kept are confined
in small coops, boxes or cages, or where such animals or fowl are
kept for purposes of research in a laboratory.
B.
Odors. Every coop, dove cote, rabbit hutch or other yard
establishment shall be kept so that no offensive, disagreeable or
noxious smell or odor shall arise therefrom to the injury, annoyance
or inconvenience of any inhabitants of the neighborhood.
C.
Disposal Of Manure. Every coop, dove cote, rabbit hutch
or other yard establishment shall be provided with a watertight and
fly tight receptacle for manure, of such dimension as to contain all
accumulations thereof, which receptacle shall be emptied sufficiently
often and in such manner as to prevent its becoming a nuisance. Such
receptacle shall be securely covered at all times, except when open
during the deposit or removal of manure or refuse therefrom. No manure
shall be allowed to accumulate except in such receptacle. All such
manure, when removed from the receptacle shall be buried with covering
of not less than six (6) inches of earth, or if used as fertilizer,
thoroughly spaded into the ground, or shall be removed from the property.
D.
Maintenance Of Fowl Enclosures. All earthen yards or runways
wherein fowl are kept or permitted to be shall be spaded and then
limed once every three (3) months from the month of April through
the month of December, or as the Supervisor shall require. For the
purpose of killing flies and other insects, all structures, pens or
coops wherein fowl are kept or permitted to be shall be sprayed with
such substances and as often as directed by the Supervisor.
E.
Condition Of Enclosure. All structures, pens, coops, or
yards wherein animals or fowl are kept or permitted to be shall be
maintained in a clean and sanitary condition, devoid of all rodents
and vermin, and free from objectionable odors. The interior walls,
ceilings, floors, partitions, and appurtenances of all structures
shall be whitewashed or painted as the Supervisor shall direct. The
enclosed area of all such structures, shall be constructed in such
a way as to be dry at all times on the inside. The Supervisor may
at any time inspect any structure or premises and issue any such order
as may be necessary to carry out the provisions of this Section.
F.
Number Of Animals, Fowl. Except where such fowl, rabbits,
or other small animals are kept for sale within a bona fide produce
market, commission house, or store for purpose of trade and while
so kept are confined in small coops, boxes, cages or where such animals
or fowl are kept for purposes of research in a laboratory, it shall
be unlawful for any person to keep or maintain, within two hundred
(200) feet of the nearest portion of any dwelling or other building
occupied or in anywise used by human beings, other than that dwelling
occupied by such person, more than fifteen (15) chickens or other
domestic fowl four (4) months of age or fifty (50) chicks or other
domestic fowl under four (4) months old, or more than ten (10) rabbits
or other small animals over the age of four (4) months old, or more
than twenty-five (25) rabbits or other small animals under the age
of four (4) months.
[Ord. No. 1733 §20, 10-6-1994]
The owner of any animal shall provide it with humane shelter
from heat, cold, rain, wind and snow, and shall give it food and water
adequate to keep the animal in good health and comfort. Dog houses
and kennels must be soundly constructed, dry, and provided in cold
weather with clean bedding. All dogs must be given opportunity for
vigorous daily exercise and must be provided by their owners with
veterinary care when needed to prevent suffering. No owner shall permit
a dog to habitually bark, howl or in other ways be a public nuisance.
[Ord. No. 1733 §21, 10-6-1994]
No person shall overdrive, overload, torture, torment or cruelly
neglect to provide with necessary sustenance or shelter or cruelly
beat or needlessly mutilate, or kill any living creature, or cause
or procure any of the aforesaid to be done.
[Ord. No. 1733 §22, 10-6-1994]
No person shall engage in or be in any manner concerned with
any cock fights, dog fights, or any fight between animals, fowl or
birds of any kind; nor shall any person encourage, aid or participate
therein, as spectator, umpire or judge; nor shall any person allow
or permit any such fight in or upon any premises in his/her possession
or under his/her control, or in any way be connected with or interested
in the management of or receive money for the admission of any person
to any place kept or used for the purpose of fighting or baiting any
animal.
[Ord. No. 1733 §23, 10-6-1994]
Whenever any animal is found confined in a motor vehicle in a public place under weather conditions that endanger its life as determined by the Supervisor of Animal Control, the Supervisor of Animal Control is hereby authorized, to enter such vehicle and rescue such animal and thereafter impound it in accordance with Section 205.110. A prominent written notice shall be left on or in the vehicle advising that the animal has been removed under the authority of this Section and impounded in accordance with Section 205.110 at the Municipal Animal Shelter.
[Ord. No. 1733 §24, 10-6-1994]
It shall be unlawful to deliberately injure or kill, capture
or trap, expose a poisonous substance for or poison any animal or
foul and further it shall be an unlawful act to attempt any of the
aforesaid unlawful acts, except as necessary for human safety, relocation
of nuisance animals through the use of box traps, destruction of rats,
mice and other pests, veterinary medical practice, termination of
suffering, and performance of official duties by public employees.
Provided however, that this Section shall not apply to the Supervisor
of Animal Control, or his/her assistants or deputy, or any Police
Officer, in the lawful discharge of official duties.
[Ord. No. 1733 §25, 10-6-1994]
A.
Removal Of Dead Animals. All dead animals shall be removed
by the owner or proprietor of the premises within twenty-four (24)
hours after the death of such animal. If not so removed, such animal
shall be removed by the City at actual cost to the property owner
or proprietor.
B.
Charges for dead animal removal as required in Subsection (A) above are due and payable upon billing by the City Clerk. Unpaid bills shall become a lien against the property.
C.
Access. On occupied property, the owner and/or the tenant
thereof shall provide easy access to the subject animal for purposes
of its removal.
[Ord. No. 1733 §26, 10-6-1994]
No person owning or having in his/her possession the carcass
of any animal not to be used for food shall permit the same to remain
in or upon any street, sidewalk, park, public ground, private lot,
or other place without at once giving notice to the City Public Works
Department.
[Ord. No. 1733 §27, 10-6-1994]
It shall be unlawful for any person, other than the owner, to
skin or cut up or in any way mutilate the carcass of any dead animal
in any portion of the City without permission of the owner.
[Ord. No. 1733 §28, 10-6-1994]
[Ord. No. 1733 §29, 10-6-1994]
It shall be the duty of every person owning, keeping or harboring
in the City any dog, cat or miniature pig over one hundred twenty
(120) days old to procure a license therefore from the City Clerk.
The receipt issued for such license shall constitute a certificate
of registry for the keeping of such dog, cat or miniature pig within
the City.
[Ord. No. 1733 §30, 10-6-1994]
The licensing provisions of this Chapter shall not apply to
any dog, cat or miniature pig which may follow any non-resident coming
into or passing through the City, which shall remain near its master,
owner or keeper, or his/her vehicle, animals or other effects.
[1]
Editor's Note — Ord. no. 2771 §1, adopted May 7,
2007, repealed section 205.310 "license — fee — exceptions"
in its entirety. Former section 205.310 derived from ord. no. 1733
§31, 10-6-94. At the editor's discretion, this section has been
reserved for the city's future use.
[Ord. No. 1733 §32, 10-6-1994; Ord. No. 3207 § 1, 3-21-2016; Ord. No. 3378, 5-18-2020]
The term of the license required under this Chapter shall begin
January 1 and end December 31 each year.
[Ord. No. 1733 §33, 10-6-1994]
Before the City Clerk shall issue any license or tag for a dog,
cat or miniature pig the owner or keeper thereof shall provide a certificate
from a licensed veterinarian showing that within three hundred sixty-five
(365) days next preceding the issuance of such license, the dog, cat
or miniature pig was immunized against rabies.
[Ord. No. 1733 §34, 10-6-1994]
The City Clerk shall keep a record giving the name of the owner
or keeper of a dog, cat or miniature pig and the number of such certificate
of registry, together with a general description of the dog, cat or
miniature pig.
[Ord. No. 1733 §35, 10-6-1994]
At the time of the issuance of a license hereunder, the City
Clerk shall deliver therewith a license tag showing the registration
number and expiration date of the license. A replacement for the license
tag shall be furnished by the City Clerk to any such owner or keeper
upon payment of fifty cents ($.50) therefor.
[Ord. No. 1733 §36, 10-6-1994]
A.
Required. No owner or keeper of any dog, cat or miniature pig shall allow or permit such animal to be off the premises of said owner or keeper, at any time, without a collar or harness having attached thereto the tag provided for by Section 205.290; nor shall any resident, owner or keeper of any dog, cat or miniature pig permit or allow such animal to wear any other registration tag than that issued by the Supervisor for such dog, cat or miniature pig.
B.
Exceptions. The provisions of this Section shall not apply
at such times as a dog is being handled in the course of an organized
dog training program or dog show.
[Ord. No. 1733 §37, 10-6-1994]
No person shall remove or cause to be removed the collar, harness,
check or tag from any registered dog, cat or miniature pig without
the consent of the owner or keeper thereof.
[Ord. No. 1733 §38, 10-6-1994; Ord. No. 1850 §1, 9-16-1996; Ord. No. 3228 § 2, 9-19-2016]
Except where a residence is licensed as a commercial animal establishment, located in a properly zoned area, it shall be unlawful for any person in charge of a residence to keep or maintain more than four (4) dogs, four (4) cats or four (4) miniature pigs, or any combination of, but no more than a total of four (4) such animals in number, over the age of ninety (90) days, except in a kennel as regulated by the City of Pleasant Valley and defined in Section 205.010 and as allowed in Section 400.140. When animals in excess of the limit established herein are found at a residence, all of the animals found at the residence may be removed to the Municipal Animal Shelter to be handled in accordance with Section 205.110, except that the person in charge of the residence, if present, may designate and retain up to four (4) licensed dogs, four (4) licensed cats or four (4) licensed miniature pigs, or any combination of, but no more than a total of four (4) such animals.
[Ord. No. 1733 §39, 10-6-1994]
No person shall own or keep any animal which by making excessive
noise disturbs a neighborhood. The following definitions and conditions
shall be specially applicable to enforcement of the aforesaid prohibition
of this Section:
Any noise produced by an animal which is so loud and continuous
or untimely as to disturb the sleep of a neighbor.
An individual residing in a residence structure which is
within the vicinity of the property on which the animal is kept or
harbored and who does state that he/she will testify under oath to
said animal making excessive noise.
If a general ordinance summons is issued charging violation
of this Section, a subpoena shall also be issued to the disturbed
neighbor to testify in the matter.
[Ord. No. 1733 §40, 10-6-1994]
Any person engaging, in whole or in part, in the sale of dogs
shall keep and maintain such dogs, and all structures, pens or yards
in which such dogs are kept, in such a manner to prevent a nuisance
or health hazard and to promote the health of such dogs, as the Supervisor
shall direct.
[Ord. No. 1733 §41, 10-6-1994]
Every pen, run, cage or other yard establishment wherein any
dog is kept shall be maintained so that no offensive, disagreeable
or noxious smell or odor shall arise therefrom to the injury, annoyance
or inconvenience of any inhabitant of the neighborhoods.
[Ord. No. 1733 §42, 10-6-1994]
All manure accumulations in any pen, run, cage or yard establishment
wherein a dog is kept shall be removed or disposed of in such a manner
as to prevent the breeding of flies.
[Ord. No. 1733 §43, 10-6-1994]
A.
The
owner, keeper or persons harboring a bitch shall, during the period
that such animal is "in heat", keep it securely confined and enclosed
within a building except when on the owner's premises briefly for
toilet purposes.
B.
Any
bitch which is not confined and enclosed as provided herein is hereby
declared to be a public nuisance.
[Ord. No. 1733 §44, 10-6-1994]
No person shall own, keep or harbor any dog which by habitually
jumping upon or threatening persons upon public streets shall cause
persons to be put in fear of injury.
[Ord. No. 1733 §45, 10-6-1994; Ord. No. 2945 §1, 8-17-2009]
A.
The
Supervisor of Animal Control may declare a dog to be dangerous because
of any one (1) or more of the following:
1.
Any dog of a cross, ferocious or dangerous disposition as evidenced
by past behavior.
2.
Any dog of a breed or mixed breed which, due to vicious nature or
other characteristics, constitutes a threat to physical well-being
of human or animal life.
3.
Any dog of a breed or mixed breed which, due to vicious nature or
other characteristics, constitutes a danger to public or private property.
4.
Any dog which has the disposition or propensity to attack unprovoked.
5.
Any dog which has without provocation bitten a human being one (1)
time.
B.
The
Supervisor of Animal Control shall declare a dog to be dangerous because
of any one (1) or more of the following:
1.
Dogs that meet the definition of "pit bull breed" set forth below:
a.
The bull terrier breed of dog.
b.
Staffordshire bull terrier breed of dog.
c.
The American pit bull terrier breed of dog.
d.
The American Staffordshire terrier breed of dog.
e.
Dogs of mixed breed or other breeds than above listed which breed
or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers.
f.
Any dog which has the appearance and characteristics of being predominantly
of the breeds of bull terrier, Staffordshire bull terrier, American
pit bull terrier, American Staffordshire terrier; any other breed
commonly known as pit bulls, pit bull dogs or pit bull terriers or
a combination of any of these breeds.
C.
The
following constitutes prima facie evidence of a dangerous dog:
D.
Any
dog found to be a dangerous dog hereunder shall be required to be
controlled under the following standards:
1.
Leash. No person shall permit a dangerous dog to
go outside its kennel or pen unless such dog is securely leashed with
a leash no longer than four (4) feet in length. (No person shall permit
such a dangerous dog to be kept on a chain, rope or other type of
leash outside its kennel or pen unless a person is in physical control
of the leash. Such dogs may not be leashed to inanimate objects such
as trees, posts, buildings, etc.)
2.
Confinement. When not on a leash being physically
controlled by a person, a dangerous dog shall be securely confined
in a locked pen or kennel consisting of a structure which has secure
sides and a secure top attached to the sides, and either a secure
bottom attached to the sides or the sides of the pen must be embedded
in the ground at least two (2) feet. Such enclosures shall be no less
than six (6) feet wide, six (6) feet deep and six (6) feet high and
shall adhere to all building and zoning regulations of the City of
Pleasant Valley. All such enclosures must be adequately lighted and
ventilated and kept in a clean and sanitary condition.
3.
Confinement indoors. No dangerous dog may be kept
on a porch, patio or in any part of a house or structure that would
allow the dog to exit such building on its own volition. In addition,
no such dog may be kept in a house or structure when the windows are
open or when screen windows or screen doors are the only obstacle
preventing the dog from exiting the structure.
4.
Placarding premises. All owners, keepers or harborers
of dangerous dogs within the City shall within ten (10) days of the
effective date of this Chapter display in a prominent place on their
premises a sign easily readable by the public using the words "Beware
of Dangerous Dog". In addition, a similar sign is required to be posted
on the kennel or pen of such dog.
5.
Muzzle. All dangerous dogs on a leash outside the
animal's enclosure or pen must be muzzled by a device sufficient to
prevent such dog from biting persons or other animals or fowl. The
muzzle must be made in a manner that will not cause injury to the
dog or interfere with its vision or respiration.
E.
The
Supervisor of Animal Control or the Police Department shall take control
of and remove to the animal shelter or other facility providing adequate
shelter, food and medical care any dangerous dog that is involved
in an incident where the owner, harborer or keeper has been issued
a general ordinance summons for a violation of any Subsection of this
Section until such time as the court disposes of the case involving
the dog(s) in question.
F.
Any dog found to be a dangerous dog under Subsection (A)(5) or Subsection (C)(3) may be humanely killed as directed by a court of competent jurisdiction if it is found that the dog is too great a threat to human or animal life to be released to the owner, keeper or harborer.
1.
Exceptions of the aforesaid may be granted by the Supervisor of Animal
Control if the investigating Police Officer determines both:
G.
The
Supervisor of Animal Control or the Police Department may destroy
a dangerous dog as a last resort if it is not reasonably possible
to catch the dog without injury and/or death to human or animal life
or damage to public or private property within the City. Furthermore,
the Animal Control Officer or Police Officer shall not put himself/herself
in any position of danger of being attacked in the course of destroying
a dangerous dog.
H.
It
shall be unlawful for any owner, harborer or keeper to fail to comply
with any Subsection of this Section. Failure to comply may result
in the immediate impoundment of the dog(s) in question and revocation
of their license.
I.
Notice To Owners Concerning Pit Bulls. Owners of licensed
dogs defined as "pit bull breed" under this Section shall be provided
with written notice by the animal control unit that such owners must
comply with the dangerous dog provisions of this Section, unless such
owners meet the following provisions:
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Owners of pit bull breed dogs that are currently licensed as
of the effective date of Ordinance 2945 (August 17, 2009) are exempt from the requirements of
this Chapter relating to dangerous dogs, except for registration requirements,
for the lifetime of a dog so licensed, unless said dog constitutes
a threat to human life or animal life evidenced through the dog's
actions or behavior. Owners of pit bull breed dogs that have not been
previously licensed shall be allowed a grace period of ninety (90)
days from the effective date of this Section to properly identify
and license their dogs as pit bull breeds. Owners that comply within
this grace period shall be exempt from the provisions of this Section
relating to dangerous dogs, including the enhanced restraint and insurance
requirements, for the lifetime of each dog so licensed, unless such
dog is in the future determined to meet the conditions of this Section
to be designated as a "dangerous dog".
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J.
Registration. Owners of dangerous dogs within the corporate limits of the City shall be required to register their dogs with the Animal Control Officer as a "dangerous dog" within thirty (30) days of the effective date of the ordinance from which this Section is derived, or upon the determination that the dog is a dangerous animal by the Animal Control Officer or a court of competent jurisdiction. Upon registering a pit bull, all owners, keepers or harborers of said pit bull dogs must provide to the City Clerk two (2) color photographs (two (2) different poses) of the animal clearly showing the color and approximate size of the animal. Once initial registration has occurred, the owner of a dangerous dog shall be required to renew said registration on an annual basis and in accord with Subsection (N) hereof.
K.
Reporting Requirements For Pit Bulls. All owners, keepers
or harborers of pit bull dogs must notify the City Clerk in writing
within ten (10) days of the occurrence of the following:
L.
Sale Or Transfer Of Ownership Prohibited. No person shall
sell, barter or in any other way dispose of a dangerous 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 such dog; provided, that the registered
owner of a dangerous dog may sell or otherwise dispose of a dangerous
dog or the offspring of such dog to persons who do not reside within
the City.
M.
Sterilization. Any animal declared dangerous shall be prevented
from reproducing by spaying or neutering of the animal. The owner
of such animal shall provide proof of such sterilization of the animal
to the Animal Control Officer within thirty (30) days of the notification
date of the need for this sterilization.
N.
Insurance. All owners of dangerous dogs within the corporate
limits of the City shall provide proof to the Animal Control Officer
of public liability insurance in a single incident in the amount of
three hundred thousand dollars ($300,000.00) 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 of such dog. Insurance
companies issuing such policies shall notify the City upon the cancellation
or non-renewal of any such policy. Upon initial registration and/or
subsequent yearly registration of such animal, the owner shall provide
proof of such insurance for the present registration period and proof
that such insurance was maintained throughout the period of the prior
registration period. In the event such required insurance is cancelled,
expired or for any other reason becomes non-enforceable, the owner
of the dangerous animal shall be in violation of the provisions of
this Chapter and subject to the penalties provided in this Section.
O.
Biting Dogs Running At Large. It shall be unlawful for any person owning, keeping or harboring any dog to permit, suffer or allow said dog to run at large (as defined in Section 205.080) within the City; and if said dog causes injury to a human by biting or scratching while running at large, said owner, keeper or harborer shall upon conviction be punished pursuant to Subsection (P) below.
[Ord. No. 1733 §46, 10-6-1994]
A.
It
shall be the duty of every person harboring any animal upon receiving
notice or having knowledge of the involvement of the animal in a human
exposure to the possibility of rabies or other zoonotic disease by
biting (hereinafter "incident") to immediately place such animal in
a duly licensed veterinary medical facility, the address of which
must be furnished to the Supervisor of Animal Control at once, or
in the Municipal Animal Shelter, where such animal shall be isolated
and confined for observation for ten (10) consecutive days from and
including the day of the incident. It shall be unlawful for the owner,
keeper or person harboring the animal involved in such incident to
release it from his/her custody or to hide or conceal such animal
or to take or allow such animal to be taken beyond the limits of the
City, unless so authorized by the Mayor or his/her designate, until
the period of confinement and observation here required is completed.
The owner or keeper of such animal involved in an incident shall be
liable for the cost of confinement and observation. The death or any
suspicious change in the health or behavior of any such animal undergoing
observation shall be reported as soon as possible by the observing
authority to the Mayor or his/her designate. The Mayor or his/her
designate is hereby authorized to authorize confinement other than
described above as he/she finds medically appropriate, providing such
animal will be controlled and observed in accordance with the owner's
signed or verbal agreement, but only if such animal has been vaccinated
for rabies within the past twelve (12) months and is duly licensed
as provided by this Chapter. Unless determined otherwise by the Mayor,
exceptions to the aforesaid confinement may be granted by the Supervisor
of Animal Control in the following cases.
1.
Where a female dog is nursing unweaned puppies or a female cat is
nursing unweaned kittens, or a female miniature pig is nursing unweaned
piglets.
2.
If the investigating Police Officer determines both:
a.
The incident occurred while the animal involved was confined and
legally kept upon the property of the owner, and
b.
The person injured was upon the property without the express or implied
consent of the owner and was not there performing functions of a job.
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However, if the person injured in an incident or his/her parent
or guardian in the case of a minor, desires that the animal be impounded
(even though an exception to impoundment has been granted as aforesaid)
and agrees in writing to pay for its board during the period of confinement,
it shall be impounded in the manner and for the period specified earlier,
unless determined otherwise by the Mayor or Supervisor of Animal Control
upon review of the facts and circumstances of the incident.
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[Ord. No. 1733 §47, 10-6-1994]
A.
In
the event that the Mayor or his/her designate determines that a rabies
or other zoonotic disease control emergency exists, he/she shall so
declare, stating the boundaries of the affected area and he/she is
hereby empowered to issue emergency regulations and take all steps
necessary within the provisions of this Chapter and State law to abate
the threat. Such emergency steps and regulations shall be in effect
only during the period of the declared emergency.
B.
The
Mayor or his/her designate is hereby empowered to issue standing regulations
for rabies and zoonotic control that he/she finds necessary to protect
the public health which standing regulations shall be filed with the
City Clerk. Such regulations shall be in keeping with the U.S. Public
Health Service guidelines and Missouri State Law.
[Ord. No. 1733 §48, 10-6-1994; Ord. No. 2946 §1, 8-17-2009]
A.
Penalty. Any person violating any provisions of this Chapter
shall be deemed guilty of a misdemeanor and, upon conviction in Municipal
Court for a violation of the provisions hereof, shall be fined and/or
punished in the following manner:
1.
First (1st) offense, three hundred dollar ($300.00) fine. The court
may also order destruction of the animal, if applicable.
2.
Second (2nd) offense, five hundred dollar ($500.00) fine. The court
may also order destruction of the animal, if applicable.
3.
All such fines shall be a minimum fine. In addition to such fines,
the Municipal Judge may sentence the violator to jail for a term not
to exceed ninety (90) days.
4.
Upon second (2nd) conviction under this Chapter, or upon a first
(1st) conviction where the court finds aggravating circumstances that
threatened the well-being of a person, in addition to fines or jail
sentence, the Municipal Judge shall order the destruction of the subject
animal. If the owner of the subject animal shall refuse, the Municipal
Judge shall hold the owner in contempt of court.
5.
Any case filed under this Chapter shall go to the top of the docket
in the Municipal Court and shall have priority over other matters.
6.
Each day's violation of, or failure, refusal or neglect to comply
with, any provisions of this Chapter shall constitute a separate and
distinct offense.
