[Ord. No. 916 §1, 4-17-2003]
A. 
The following animals are hereby defined to be vicious or dangerous:
1. 
Any dog which, when unprovoked, approaches any person in a vicious or terrorizing manner in an apparent attitude of attack upon the streets, sidewalks or any public grounds or places;
2. 
Any dog with a known propensity, tendency or disposition to unprovoked attack which could injure or to otherwise endanger the safety of human beings or domestic animals;
3. 
Any dog which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation, whether on public or private property;
4. 
Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting;
5. 
Any dog which endangers or threatens to endanger the safety of the residents of the City or the general public.
[Ord. No. 916 §1, 4-17-2003]
A. 
If the Animal Control Officer or other person similarly designed by the Board of Aldermen has probable cause to believe that a dog within the City limits of Rock Port is vicious or dangerous, the officer or his designee shall be empowered to request a hearing before the Board of Aldermen to determine whether the dog in question should be declared vicious or dangerous.
B. 
Additionally, the Board of Aldermen may convene a hearing for such determination on its own motion or upon request or input from the citizens of Rock Port.
[Ord. No. 916 §1, 4-17-2003]
A. 
Upon the decision of the Board of Aldermen to convene a hearing, the City Clerk shall notify the owner or keeper of the dog that a hearing will be held, at which time the owner or keeper will be provided an opportunity to present evidence why the dog should not be declared vicious or dangerous.
B. 
The hearing shall be scheduled promptly, within no less than five (5) nor more than ten (10) days after service of notice upon the owner or keeper of the dog, unless the date of the hearing is continued thereafter by the Board of Aldermen upon the request of any party or for good cause shown.
C. 
The notice shall be substantially in the following form but may include other information: "You are hereby notified that a hearing will be held before the Board of Aldermen at _______________ on the _____ day of _______________, 200___, at the hour of __________, to determine whether the dog described as __________ is a vicious or dangerous dog as defined by this Chapter. You may present any relevant evidence at the hearing and will be given a full opportunity to cross-examine all witnesses testifying against you."
D. 
Service Of Notice. Written notice of the time and location of the hearing and any amended or supplemental notice shall be served upon each owner or keeper of the dog and/or the record owner or possessor of the premises where the dog is routinely kept. The current registration records of the City of Rock Port shall be prima facie proof of the owner of the dog.
E. 
Method Of Service. Service of the notice of the hearing shall be made upon all persons entitled thereto either personally or mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, to each person at their local address or address as known by the Board of Aldermen or City Clerk. Such notice shall be received at least five (5) days prior to the hearing date.
F. 
Posting Of Notice. If such notice cannot be served as set forth above, then notice may be made by posting a copy of the notice on the front door of the premises where the dog is routinely kept. Such notice shall be posted at least five (5) days prior to the hearing date.
G. 
Failure Of Service. The failure to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this Chapter.
H. 
Hearing. After having given the required notice, the Board of Aldermen shall hold a full and adequate hearing and hear relevant testimony on the issues of this Chapter.
I. 
Conduct Of Hearing. The Board shall consider all information, documents and testimony presented at the public hearing and then render a decision based thereon. The hearing need not be conducted according to the applicable rules of evidence as applied by judicial bodies in the State of Missouri. However, a fair and impartial forum shall be provided at which each party shall have the right to:
1. 
Call and examine witnesses on any matter relevant to the issues of the hearing;
2. 
Introduce documentary and physical evidence;
3. 
Cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
4. 
Rebut the evidence presented; and
5. 
Represent himself/herself or be represented by anyone of his/her choice who is lawfully permitted to do so.
[Ord. No. 916 §1, 4-17-2003]
A. 
All decisions of the Board shall require the affirmative vote of not less than three (3) members of the Board. Where a contested case is heard before the Board, no member thereof who did not hear the evidence shall vote or take part in the decision.
B. 
After the hearing, the Board of Aldermen shall notify the owner or keeper of the dog of its determination in writing, although the decision may also be orally announced at the close of the hearing. If the Board of Aldermen determines that the dog is vicious or dangerous, the owner or keeper shall comply with the provisions of this Chapter in accordance with a time schedule established by the Board of Aldermen but no more than thirty (30) days following the date of the determination.
C. 
In the event the dog is determined not to be vicious or dangerous and has been impounded, it shall be returned to the owner or keeper of the dog and the owner or keeper shall not be responsible for any costs of impoundment.
[Ord. No. 916 §1, 4-17-2003]
If the owner or keeper of the dog wishes to contest the decision of the Board of Aldermen, the owner or keeper may appeal the determination under Chapter 536, RSMo.
[Ord. No. 916 §1, 4-17-2003]
A. 
If the Animal Control Officer has probable cause to believe that the dog in question is vicious or dangerous and may pose a threat of serious harm to human beings or other domestic animals, the Animal Control Officer may seize and impound the dog pending the hearing. The owner or keeper of the vicious or dangerous dog shall be liable to the City for the costs and expenses of keeping such vicious or dangerous dog.
B. 
If a dog is declared vicious and dangerous under this Section, and the dog is retrieved from impoundment but the owner or keeper fails to timely comply with the provisions of this Chapter, then the Animal Control Officer may order the impoundment and destruction or other disposal of the dog as appropriate.
C. 
If the owner or keeper fails to retrieve the dog from impoundment by or after the thirtieth (30th) day from the date of the vicious or dangerous dog determination, then the Animal Control Officer may order that the dog be destroyed or otherwise disposed of as appropriate.
D. 
If it shall appear to the Municipal Judge or other judge with jurisdiction over the matter that a dog is vicious or dangerous and that the owner of the dog is willfully allowing the dog to run at large in violation of this Chapter, the Municipal Judge may, in addition to the usual judgment, order the public impounder to take possession of and destroy or otherwise dispose of the dog as appropriate.
[Ord. No. 916 §1, 4-17-2003]
A. 
Restraint Required. Any vicious or dangerous dog, as determined by the Animal Control Officer or the Board of Aldermen, shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in this Section. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine a vicious or dangerous dog must be locked with a key or combination lock when such animal is 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 vicious or dangerous dogs must comply with all zoning and building regulations of the City and must be kept in a clean and sanitary condition. Such dogs may not be leashed to inanimate objects such as trees, posts, etc.
B. 
Leash And Muzzle. No person shall permit a vicious or 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 a vicious or 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. In addition, all vicious or dangerous 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.
C. 
Confinement Indoors. No vicious or 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 animal may be kept in a house or structure when the windows are open or when the screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
D. 
Signs. All owners, keepers or harborers of vicious or dangerous dogs within the City shall display in a prominent place on their premises a sign easily readable by the public indicating that a vicious or dangerous dog is on the premises. In addition, a similar sign shall be posted on the kennel or pen of such animal.
E. 
Insurance. All owners, keepers or harborers of vicious or dangerous dogs must provide proof to the City Clerk of 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 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 thirty (30) days' written notice is first given to the animal control division. An effective insurance policy with the coverage and in the amounts specified in this Section must be maintained by the owner, keeper or harborer at all times.
[Ord. No. 916 §1, 4-17-2003]
Any person who shall physically interfere with, molest, hinder or prevent the Animal Control Officer or his representative from the discharge of his duties as prescribed in this Chapter shall be deemed guilty of a misdemeanor.
[Ord. No. 916 §1, 4-17-2003]
In addition to any other remedy provided by law or ordinance of the City, any animal owned, controlled or maintained contrary to the provisions of this Chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance. The City may commence actions or proceedings for the abatement and injunction of said violation in the manner provided by law and may take such other steps and apply to such courts as may have jurisdiction.
[Ord. No. 916 §1, 4-17-2003]
A. 
Any person who violates any provision of this Chapter shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment in jail for not more than three (3) months, or both such fine and imprisonment. Each day that a violation exists shall be considered a separate, punishable violation.
B. 
Nothing in this Section shall limit or deny the authority of the City to seek remedies for the violation of this or any other applicable Chapter, whether exercised concurrently or independently, including actions for violation of a City ordinance, whether in Municipal Court or through an injunction.