[Ord. No. 708 §II, 11-2-1982]
ANIMAL CONTROL OFFICER
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.
ANIMAL SHELTER
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.
KENNEL
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.
OWNER
Any person, partnership or corporation owning, keeping or harboring animals.
PERSON
An individual, partnership, company or corporation.
RESTRAINT
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:
1. 
Dangerous dog;
2. 
Pit bull;
3. 
Rottweiler;
4. 
Doberman pinscher.
However, any such animal other than a dangerous dog residing in the City on the date of the passage of this provision may be kept within the City in accordance with standards and requirements herein set forth.
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:
DANGEROUS DOG
Any dog with the following characteristics:
1. 
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.
2. 
Any dog that has killed a domestic animal, dog or cat without provocation, while off the owner's property.
3. 
Any dog owned or harbored primarily or in part for the purpose of dogfighting or any dog trained for dogfighting.
4. 
Any dog that has bitten a human being without provocation on public or private property other than the property of the owner.
5. 
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.
6. 
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.
7. 
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.
DOBERMAN PINSCHER DOG
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.
OWNER
Any person who owns, possesses, keeps, exercises control over, maintains, harbors, transports or sells an animal.
PIT BULL
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.
ROTTWEILER DOG
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.
SECURE TEMPORARY ENCLOSURE
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 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]
Any person violating any provision of Section 210.040 through 210.190 shall be guilty of an infraction and upon the conviction thereof shall be fined not more than five hundred dollars ($500.00) or confined in the County Jail for not more than ninety (90) days, or both such fine and confinement.