[Ord. No. 708 §II, 11-2-1982]
Any person designated by the Board of Aldermen of the City
to enforce provisions relating to the regulations, licensing and control
of animals within the City.
Any premises designated by the Board of Aldermen of the City
of Rock Port for the purpose of impounding and caring for animals
held under the authority of this Article.
Any person, partnership or corporation engaged in the business
of breeding, buying, selling or boarding dogs, and cats, or engaged
in the training of dogs for guard or sentry purposes.
Any person, partnership or corporation owning, keeping or
harboring animals.
An individual, partnership, company or corporation.
An animal shall be deemed to be under restraint if on the
premises of its owner or if accompanied by a responsible person and
under that person's control.
[Ord. No. 758, 12-15-1987; Ord. No. 801, 7-20-1993]
No person shall keep any dog or cat over the age of six (6)
months within the City without securing a license therefor from the
City Clerk, who shall keep a record of all licenses issued and shall
issue a metal or plastic tag for each license. All dog and cat licenses
shall be issued for a period of one (1) year, beginning January first
(1st) and ending December thirty-first (31st) of each year. Application
may be made for a license during the month of January without penalty
for the delay, but when an application which should have been made
by January first (1st) is not made until after January thirty-first
(31st), the appropriate license fee shall be increased by fifty percent
(50%). In the event that a person becomes the owner of a dog or cat
or has moved into the City after January first (1st), such person
shall obtain a license within thirty (30) days after becoming the
owner of a dog or cat or moving into the City. The license fee for
such owner may be pro-rated to the nearest quarter, and the aforesaid
penalty for delinquency shall be added thirty (30) days after the
date when the license should have been procured. The annual license
fee for all dogs and cats shall be five dollars ($5.00). Each owner
shall provide each animal with a collar to which the license tag shall
be affixed, and each owner shall see that the collar and license tag
are constantly worn. In the event that a dog or cat license tag is
lost or destroyed, a duplicate will be issued by the City Clerk upon
presentation of a receipt of payment of a license fee and the payment
of one dollar ($1.00). License tags shall not be transferrable.
[Ord. No. 758, 12-15-1987]
No person shall keep within the City any dog or cat over the
age of six (6) months which has not been vaccinated for rabies. Each
application for a dog or cat license tag shall be accompanied by a
current certificate from a qualified veterinarian showing that the
animal to be licensed has been given a vaccination against rabies.
A certificate of vaccination shall be deemed to be current if the
vaccination does not expire more than thirty (30) days prior to the
end of the year for which the license tag is issued.
[Ord. No. 708 §II, 11-2-1982]
No person shall allow or permit any animal or fowl, owned, kept
or controlled by such person, to run at large within the City or upon
any property owned by the City not within the City, unless under the
restraint of it's owner or some responsible person.
[Ord. No. 803 §210.075, 8-31-1993]
The requirements of Sections 210.050, 210.060 and 210.070 of the Municipal Code of the City of Rock Port shall not apply to any dog or cat owned, kept or controlled by any person who resides within the Rural Agricultural District as defined in Section 400.040 of this Code, so long as that dog or cat does not enter into any of the corporate limits of the City of Rock Port that is zoned other than Rural Agricultural District.
[Ord. No. 984 §§1 —
2, 10-10-2006]
A.
Prohibition, Definition. It shall be unlawful to keep,
harbor, own or in any way possess within the corporate limits of the
City of Rock Port, Missouri, any of the following:
B.
Standards For Keeping Resident Animals. Any pit bull dog,
rottweiler dog or doberman pinscher dog residing in the City of Rock
Port on the date of the passage of this Section may be kept within
the City by their owner(s), subject to the following standards:
1.
Registration. Pit bull dogs, rottweiler dogs or
doberman pinscher dogs residing in the City at the time of passage
of this Section must be registered with the City by the owner(s) within
ten (10) days of the passage of this Section.
2.
Leash and muzzle. No person shall permit a pit bull
dog, rottweiler dog or doberman pinscher 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 and an adult person is in physical control
of the leash. Such dog may not be leashed outside its kennel or pen
to inanimate objects such as trees, posts, buildings, etc. In addition,
all pit bull dogs, rottweiler dogs and doberman pinscher dogs on a
leash outside the animal's kennel must be muzzled by a muzzling device
sufficient to prevent such dog from biting persons or other animals.
3.
Confinement. All pit bull dogs, rottweiler dogs
and doberman pinscher dogs shall be securely confined indoors or in
a securely enclosed and locked pen or kennel, except when leashed
and muzzled as provided above. Such pen, kennel or structure shall
have secure sides and a secure top attached to the sides. All structures
used to confine pit bull dogs, rottweiler dogs or doberman pinscher
dogs must be locked with a key or combination lock when such animals
are within the structure. Such structure must have a secure bottom
or floor attached to the sides of the pen or the sides of the pen
must be embedded in the ground no less than two (2) feet. All structures
erected to house pit bull dogs, rottweiler dogs or doberman pinscher
dogs must comply with all zoning and building regulations of the City.
All such structures must be adequately lighted and ventilated and
kept in a clean and sanitary condition.
4.
Confinement indoors. No pit bull dog, rottweiler
dog or doberman pinscher 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 animal 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.
5.
Signs. Within ten (10) days of the effective date
of this Section, all owners, keepers or harborers of pit bull dogs,
rottweiler dogs and doberman pinscher dogs within the City shall prominently
display on their premises, a sign easily readable by the public using
the words "Beware of _________________ Dog", with the type of dog
(pit bull, rottweiler or doberman pinscher) inserted in the warning.
In addition, a second similar sign shall be posted on the kennel or
pen of such animal.
6.
Insurance. Within ten (10) days of the effective
date of this Section, all owners, keepers or harborers of pit bull
dogs, rottweiler dogs or doberman pinscher dogs must provide proof
to the City of Rock Port of public liability insurance in a single
incident amount of fifty thousand dollars ($50,000.00), 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 animal. Such insurance policy shall provide
that no cancellation of the policy will be made unless fifteen (15)
days' written notice is first given to the City of Rock Port.
7.
Identification photographs. Within ten (10) days
of the effective date of this Section, all owners, keepers or harborers
of registered pit bull dogs, rottweiler dogs or doberman pinscher
dogs shall provide two (2) color photographs (two (2) different poses)
of the animal to the City Clerk, clearly showing the color and approximate
size of the animal.
8.
Reporting requirements. Within five (5) days of
any of the following incidents, all owners, keepers or harborers of
pit bull dogs, rottweiler dogs or doberman pinscher dogs must report
the following information in writing to the City Clerk:
a.
The removal from the City or death of a pit bull dog, rottweiler
dog or doberman pinscher dog;
b.
The birth of offspring of a pit bull dog, rottweiler dog or doberman
pinscher dog;
c.
The new address of a pit bull dog, rottweiler dog or doberman pinscher
dog owner should the owner move within the corporate City limits.
9.
Sale or transfer of ownership prohibited. No person
shall sell, barter or in any other way dispose of a pit bull dog,
rottweiler dog or doberman pinscher dog within 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. However, the owner of a pit bull dog, rottweiler dog
or doberman pinscher dog may sell or otherwise dispose of a pit bull
dog, rottweiler dog or doberman pinscher dog or the offspring of such
dog to persons who do not reside within the City.
10.
Spay or neuter requirement. The owner shall, at
the owner's own expense, have the pit bull, rottweiler or doberman
pinscher spayed or neutered and shall present to the City Clerk documentary
proof from a licensed veterinarian that this sterilization has been
performed. This Subsection shall not apply to any pit bull, rottweiler
or doberman pinscher which is registered as an active participant
in a dog exhibition or skills association or organization for which
the owner must present a certificate of registration from the American
Kennel Club and/or the United Kennel Club and a signed and notarized
affidavit that the animal has or will be used as a show dog or is
a registered service animal. The exception contained in this Subsection
does not apply to any pit bull, rottweiler or doberman pinscher which
has not actively participated in any such shows in the previous twelve
(12) months.
11.
Animals born of pit bull dog, rottweiler dog or doberman
pinscher dogs. All offspring born of pit bull dog, rottweiler
dog or doberman pinscher dogs within the City must be removed from
the City within six (6) weeks of the birth of such animal.
12.
Notice. An owner of a pit bull, rottweiler or doberman
pinscher shall notify the City Clerk or authorized representative
within five (5) days in the event that the pit bull, rottweiler or
doberman pinscher is lost, stolen, dies or has a litter. In the event
of a litter, the owner must deliver the puppies to an approved animal
shelter for destruction or permanently remove the puppies from Rock
Port and provide sufficient evidence of such removal by the time the
puppies are weaned, but in no event shall the owner be allowed to
keep in Rock Port a pit bull, rottweiler or doberman pinscher puppy
born after the effective date of this Section, that is more than six
(6) weeks old. Any pit bull, rottweiler or doberman pinscher puppy
kept contrary to the provisions of this Subdivision is subject to
immediate impoundment and disposal pursuant to this Chapter.
C.
Removal Or Destruction.
1.
Notwithstanding any other provisions of this Chapter, the Board of
Aldermen or their authorized representative is authorized to immediately
impound any pit bull, rottweiler or doberman pinscher found in the
City of Rock Port which does not comply with the conditions of this
Chapter and may house or dispose of such pit bull, rottweiler or doberman
pinscher in such manner as the Board of Aldermen or their authorized
representative may deem appropriate, except as the procedures of this
Chapter, otherwise require.
2.
When the Board of Aldermen or their authorized representative has
impounded any pit bull dog, rottweiler dog or doberman pinscher dog
pursuant to this Section and the owner of such dog disputes the classification
of such dog as a pit bull, rottweiler or doberman pinscher, the owner
of such dog may file a written petition with the Board of Aldermen
or their authorized representative for an administrative hearing concerning
such classification, said notice to be filed no later than seven (7)
days after impoundment. The petition shall include the name and address,
including mailing address, of the petitioner. The Board of Aldermen
or their authorized representative will then issue a notice of hearing
date by mailing a copy to the petitioner's address no later than ten
(10) days prior to the date of the hearing. Where no written request
from the owner for a hearing is received by the Board of Aldermen
or their authorized representative within seven (7) days of impoundment,
the pit bull, rottweiler or doberman pincher shall be destroyed as
provided herein.
3.
The administrative hearing, if any, will be held before the Rock
Port Municipal Court. Any facts which the petitioner wishes to be
considered shall be submitted at the hearing. Municipal Court shall
make a final determination whether the dog is a pit bull, rottweiler
or doberman pinscher as defined in this Chapter. Such final determination
shall be considered a final order of the City subject to review under
Chapter 536 of the Missouri Revised Statutes.
4.
If the dog is found to be a pit bull, rottweiler or doberman pinscher,
it shall be destroyed, unless the owner produces evidence deemed sufficient
by the Board of Aldermen or their authorized representative that the
pit bull, rottweiler or doberman pinscher is to be permanently taken
out of Rock Port and the owner pays the costs of impoundment. If the
dog is found not to be a pit bull, rottweiler or doberman pinscher,
the dog shall be released to the owner. There shall be an irrebuttable
presumption that any dog registered with the City as a pit bull dog,
rottweiler dog or doberman pinscher dog or any of those breeds prohibited
by this Article is in fact a dog subject to the requirements of this
Section. The procedures in this Section shall not apply and the owner
is not entitled to such a hearing with respect to any dog which was
impounded as the immediate result of an attack or bite and has been
deemed a "dangerous dog".
5.
Failure to comply. It shall be unlawful for the
owner, keeper or harborer of a pit bull dog, rottweiler dog or doberman
pinscher dog within the City of Rock Port to fail to comply with the
requirements and conditions set forth in this Chapter. Any dog found
to be kept in violation of this Chapter shall be subject to immediate
seizure and impoundment. In addition, failure to comply will result
in the revocation of the license of such animal resulting in the immediate
removal of the animal from the City.
[Ord. No. 984 §§1 —
2, 10-10-2006]
As used in the preceding Section, the following terms shall
have the definitions noted herein:
Any dog with the following characteristics:
Any dog that has inflicted a severe or fatal injury on a human
being on public or private property. Severe injury means any physical
injury, resulting directly from a dog's bite, that results in broken
bones, lacerations requiring stitches or in-patient hospitalization.
A victim who receives severe injuries must provide a signed medical
statement documenting injury and treatment qualifying such as a severe
injury or sign an authorization for release of such statement.
Any dog that has killed a domestic animal, dog or cat without
provocation, while off the owner's property.
Any dog owned or harbored primarily or in part for the purpose
of dogfighting or any dog trained for dogfighting.
Any dog that has bitten a human being without provocation on
public or private property other than the property of the owner.
Any dog that, while on the owner's property, has bitten without
provocation a human being other than the owner or a member of the
owner's family who normally resides at the place where the dog is
kept.
Any dog that, when unprovoked, chases or approaches a person
upon the streets, sidewalks or any public grounds or private property
other than the property of the owner, in a menacing fashion or apparent
attitude of attack, regardless of whether or not a person is injured
by such dog.
Any dog with a known propensity, tendency or disposition to
attack unprovoked, to cause injury or to otherwise threaten the safety
of human beings, domestic animals, dogs or cats.
Any dog that is of the breed of doberman pinscher or displaying
the traits of said breed, as defined by the American Kennel Club or
the United States Kennel Club.
Any person who owns, possesses, keeps, exercises control
over, maintains, harbors, transports or sells an animal.
Any dog that is an American Pit Bull Terrier, American Staffordshire
Terrier, Staffordshire Bull Terrier or any dog displaying the majority
of physical traits of any one (1) or more of the above breeds or any
dog exhibiting those distinguishing characteristics which substantially
conform to the standards established by the American Kennel Club or
United Kennel Club for any of the above breeds. The A.K.C. and U.K.C.
standards for the above breeds are on file in the office of the City
Clerk of the City of Rock Port.
Any dog that is of the breed of rottweiler or displaying
the traits of said breed, as defined by the American Kennel Club or
the United States Kennel Club.
A secure enclosure used for purposes of transporting a pit
bull, rottweiler or doberman pinscher and which includes a top and
bottom permanently attached to the sides except for a "door" for removal
of the pit bull. Such enclosure must be of such material and such
door closed and secured in such a manner, that the pit bull cannot
exit the enclosure on its own.
[Ord. No. 984 §§1 —
2, 10-10-2006]
A.
The following exceptions shall apply to the requirements of Section 210.077. In addition as set forth above, pit bull dogs, rottweiler dogs and doberman pinscher dogs may be lawfully kept within the City of Rock Port in the following enumerated circumstances. Failure by the owner to comply and remain in compliance with all of the terms of any applicable exception shall subject the pit bull, rottweiler or doberman pinscher to immediate impoundment and disposal pursuant to this Chapter, and shall operate to prevent the owner from asserting such exception as a defense in any prosecution.
1.
The City's animal shelter representatives or any law enforcement
officer may temporarily harbor and transport any pit bull, rottweiler
or doberman pinscher for purposes of enforcing the provisions of this
Chapter.
2.
A person may temporarily transport into and hold in the City a pit
bull, rottweiler or doberman pinscher only for the purpose of showing
such animal in a place of public exhibition, contest or show sponsored
by a dog club association or similar organization. However, the sponsor
of the exhibition, contest or show must receive advance written permission
from the Board of Aldermen or their authorized representative, must
obtain any other permits or licenses required by city ordinance and
must provide protective measures adequate to prevent pit bulls, rottweilers
or doberman pinschers from escaping or injuring the public. The person
who transports and holds a pit bull, rottweiler or doberman pinscher
for showing shall, at all times when the pit bull, rottweiler or doberman
pincher is being transported within the City to and from the place
of exhibition, contest or show, keep the animal confined in a "secure
temporary enclosure".
3.
The owner of a pit bull, rottweiler or doberman pincher may temporarily
transport through the City a pit bull, rottweiler or doberman pincher
or, such owner may transport the animal for showing. At all times
when the pit bull, rottweiler or doberman pinscher is being transported
within the City, the animal must be kept confined in a "secure temporary
enclosure".
[Ord. No. 758, 12-15-1987]
Unrestrained animals and unlicensed dogs and cats may be taken
by any Police Officer or the Animal Control Officer and impounded
in the City Animal Shelter. The City Clerk shall be notified on the
day any animal is impounded, unless such day is Saturday, Sunday,
or a legal holiday in which case, the City Clerk shall be notified
the first business day thereafter. If the owner of an impounded animal
can be reasonably identified by license or other means, the City Clerk
shall notify the owner of the impoundment within a reasonable time.
[Ord. No. 708 §II, 11-2-1982; Ord. No. 785 §1, 1-21-1992]
Any owner redeeming an animal from impoundment shall pay before release, an impoundment fee of twenty-five ($25.00) plus a boarding charge of three dollars ($3.00) for each twenty-four (24) hours or fraction thereof that such animal has been impounded; provided however, that if an animal has been impounded previously, the impoundment charge for the second impoundment shall be fifty dollars ($50.00) and for the third and subsequent impoundments seventy-five dollars ($75.00). Additionally, any impounded animal that is not currently licensed or currently vaccinated as provided in Sections 210.050 and 210.060, shall not be released from impoundment until a fifty dollar ($50.00) deposit has been paid. This fifty dollar ($50.00) deposit shall be refunded upon obtaining current licensing and current vaccination as provided in Sections 210.050 and 210.060. All fees under this Section shall be paid over to the City Clerk for deposit to the General Fund.
[Ord. No. 708 §II, 11-2-1982]
A.
Any
impounded animal not redeemed by the owner within five (5) days after
impoundment, may be disposed of by the Animal Control Officer in one
of the following ways.
1.
Euthanasia, using a method approved by the Humane Society of the
United States.
2.
Release for adoption to a new owner who shows evidence of ability
and intention to provide the animal with an appropriate home and human
care; provided that no unspayed female dog shall be released for adoption
unless a spaying fee has been paid and a certificate has been issued
by a licensed veterinarian certifying that a fee has been paid, and
that the dog will be brought in for spaying within five (5) days,
or if too young will be brought in for spaying at the age of five
(5) months.
[Ord. No. 708 §II, 11-2-1982]
No person, or the occupants of a dwelling unit, shall possess
or keep more than two (2) dogs over the age of six (6) months or four
(4) cats over the age of six (6) months within the City without a
permit to operate a kennel.
[Ord. No. 708 §II, 11-2-1982]
No person shall maintain a kennel within the City unless such person has obtained a permit therefor from the City Clerk. The permit shall be five dollars ($5.00) per year, and shall be in addition to the license fee prescribed in Section 210.050 for each dog kept in such kennel. No person shall maintain a kennel in any portion of the City zoned "R-1."
[Ord. No. 708 §II, 11-2-1982]
The owner of each female dog or cat shall confine such animal
in a building or secure enclosure in such manner that such female
dog or cat cannot come in contact with another animal except for planned
breeding.
[Ord. No. 708 §II, 11-2-1982]
No person shall abandon any dog or cat within the corporate
limits of the City.
[Ord. No. 708 §II, 11-2-1982]
No person shall own, keep or harbor upon his premises any animal
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 or sidewalks.
[Ord. No. 708 §II, 11-2-1982]
Whenever the prevalence of hydrophobia renders such action necessary
to protect the public health and safety, the Board of Aldermen shall
issue a proclamation ordering every person owning or keeping a dog
or cat to confine it securely on his premises unless it is muzzled
so that it cannot bite. No person shall violate such proclamation,
and any unmuzzled dog or cat running at large during the time fixed
in the proclamation shall be killed by the Police or the Animal Control
Officer without notice to the owner.
[Ord. No. 708 §II, 11-2-1982]
No person shall take or attempt to take from any Officer any
animal taken by said Officer in compliance with this Article or act
in any manner to interfere with or hinder such Officer in this discharge
of his duties under this Article. No person shall take or attempt
to take out or let out any animal impounded in the City Animal Shelter.
[Ord. No. 708 §II, 11-2-1982]
The owners of animals within the City shall be responsible for
any damage caused by such animal to any person or property.
[Ord. No. 716, 11-15-1983]
Any Police Officer or the Animal Control Officer is hereby authorized
to kill any vicious animal which cannot be caught safely, with reasonable
effort, and which in the opinion of the Officer is dangerous to the
community.
[Ord. No. 708 §II, 11-2-1982]
