[R.O. 2006 §210.010; Ord. No. 1246, 9-7-1999; Ord. No. 1492 § I, 8-20-2015]
For the purposes of this Chapter, the following words and phrases shall mean:
ABANDON
Includes the leaving of an animal by its owner or other person responsible for its care or custody without making effective provisions for its proper care.
ANIMAL SHELTER
The facility or facilities operated by the City or its authorized agents for the purpose of impounding or caring for animals under the authority of this Chapter or State law.
ANIMALS
All vertebrate and invertebrate animals such as but not limited to bovine cattle, horses and other equines, hogs, goats, dogs, cats, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons and other fowl that have been tamed, domesticated or captivated.
AT-LARGE
To be outside of a fence or other enclosure which restrains the animals to a particular premise or not under the control, by leash or lead, of the owner or other authorized person capable of restraining the animal. Animals tethered to a stationary object within range of public thoroughfares are deemed to be "at-large."
BITE
Any actual or suspected abrasion, scratch, puncture, tear, bruise or piercing of the skin, caused by any animal, which is actually or suspected of being contaminated or inoculated with the saliva from the animal, directly or indirectly, regardless of the health of the animal causing such bite.
CAT
Any member of the species felis catus, regardless of sex.
CITY SPONSORED OR SANCTIONED PUBLIC GATHERING
4th of July Parade, Christmas Parade, Homecoming Parade, and Chamber of Commerce Fall Festival and such other events as may be proclaimed by the Aldermen of the City of Willow Springs by proclamation at any duly called City Council meeting, at least thirty (30) days prior to such event, and/or,
An assembly of two (2) or more persons in attendance at any show, exhibition, festival, meeting, parade, or event which has been approved in advance by the City of Willow Springs, MO. Proof of approval for purposes of establishing the existence of a public gathering may consist of a copy of a "hold harmless agreement" entered into between the event organizers and the City, or a written document from the City authorizing the event, or testimony from the City Clerk, City Administrator, or member of the Police Department of the City of Willow Springs, MO, of the existence of such event.
DANGEROUS OR VICIOUS ANIMAL
Any animal deemed to be dangerous or vicious per Section 205.160.
DOG
Any member of the species canis familiaris, regardless of sex.
DOG KENNEL
A place of business where dogs are bought, sold, bred, raised or kept for the purpose of sale, resale, training or teaching, and which business is done commercially and for profit.
FOWL
All animals that are included in the zoological class aves, which shall, include, but not limited to, chickens, ducks, geese, turkeys, guineas and pigeons.
HARBOR
Any person who shall allow any animals to habitually remain or lodge or to be fed within his/her home, store, yard, enclosure or place of business or any other premises where he/she resides or controls.
HUMANE LIVE ANIMAL TRAP
Any cage trap that upon activation encloses an animal without placing any physical restraint upon any part of the body of such animal.
HUMANELY EUTHANIZE
The proper injection of a substance that quickly and painlessly terminates the life of an animal, or any other method approved by the American Veterinary Medical Association or the American Humane Society.
IMMEDIATE CONTROL
The regulation and supervision by a competent person so that an animal is unable to run or get loose at will.
LIVESTOCK
Includes, but is not limited to, cattle, horses, goats, sheep or other animals commonly regarded or used as farm or ranch animals.
NEUTERED
Any male or female dog, cat and ferret that has been permanently rendered sterile.
OWN
Includes own, keep, harbor, shelter, manage, possess or have a part interest in any animal. If a minor owns any such animal subject to the provisions of this Chapter, the head of the household of which such minor is a member shall be deemed to own such animal for the purposes of this Chapter.
OWNER
The one who owns, or his/her employee, agent or other competent person into whose charge an animal has been placed by the actual owner as described in the definition of "own" above.
VACCINATION
An injection of a vaccine, approved by the State Board of Public Health and administered by a licensed veterinarian for the purpose of immunizing an animal against rabies.
VETERINARIAN
A doctor of veterinary medicine licensed by the State of Missouri.
[R.O. 2006 §210.020; Ord. No. 1246, 9-7-1999; Ord. No. 1417, 7-14-2008]
A. 
There is hereby created the position of Animal Control Officer for the City and such officer shall be charged with the enforcement of this Chapter. The Mayor and Board of Aldermen shall appoint one (1) or more persons as Animal Control Officers. The Animal Control Officer shall be responsible to the Chief of Police who shall be his supervisor and shall be responsible for the following details:
1. 
The impoundment and disposal of all dogs running loose.
2. 
The citing and signing of charges against owners who violate this Chapter.
3. 
The care of the pound and surrounding area.
4. 
The recording of all activities of the Animal Control Department and submission of a written report each month.
5. 
The removal of all dead animals from City streets and rights-of-way. Where the animals are large and assistance is needed for the removal thereof, the Animal Control Officer may request the assistance of the Street Department.
6. 
Keeping accurate records of impounding fees charged to and paid by owners or other persons allowed to reclaim impounded animals.
7. 
Informing the Police Department of the amount due from the owner or person claiming the right to possess such impounded animals, which fee shall be paid directly to the Police Department.
[R.O. 2006 §210.030; Ord. No. 1246, 9-7-1999]
A. 
When deemed necessary by Law Enforcement Officers or the Animal Control Officer for the health, safety and welfare of the residents of the City, such officers and/or their agents may:
1. 
Place a humane trap on public or on requesting resident's property for the purpose of capturing any animal defined in this Chapter as creating a nuisance in the City;
2. 
Use any tranquilizer guns, humane traps or other suitable devices to subdue and capture any animal that is deemed by the Animal Control Officer, in his/her discretion, to be of a danger to itself or to the public health and safety;
3. 
Use firearms or other suitable weapons to destroy any rabid animal, any vicious animal as defined in Section 205.160, or any animal creating a nuisance as defined in Section 205.110, where such animal is impossible or impractical to catch, capture or tranquilize.
[R.O. 2006 §210.040; Ord. No. 1246, 9-7-1999]
A. 
The Animal Control Officer or any Law Enforcement Officer shall have the right of entry upon any private unenclosed lots or lands for the purpose of collecting any animal whose presence thereupon is a violation of this Chapter.
B. 
It shall be unlawful for any person to interfere with the Animal Control Officer in the exercise of his/her duties.
[R.O. 2006 §210.050; Ord. No. 1246, 9-7-1999; Ord. No. 1480 §I, 4-15-2013]
A. 
A municipal pound shall be established to carry out the provisions of this Chapter. Such a pound may be operated by a contractor, and all services required herein may be provided by a contractor. When so contracted, the pound shall have the following services and facilities as a minimum:
1. 
Adequate pickup and impounding of all stray and ownerless dogs and animals otherwise in violation of the provisions of this Chapter.
2. 
Group holding facilities for stray, ownerless and unvaccinated animals impounded for violation of the provisions of this Chapter.
3. 
Individual isolation facilities for sick, biting, rabid and suspected rabid animals.
4. 
Facilities for the humane destruction of animals.
[R.O. 2006 §210.060; Ord. No. 1246, 9-7-1999]
A. 
It shall be unlawful for any unauthorized person to open, unlock, break open or attempt to break open the pound, or to take or let out any animal placed therein, or take or attempt to take from an authorized officer of this City any animal taken up by him/her under the provisions of this Chapter, or in any manner interfere with or hinder any authorized officer or employee of this City in catching, taking up or impounding any animal.
B. 
It shall be unlawful for any person or persons, other than those duly authorized, to care for, feed, attempt to feed or interfere in any way with the care of impounded animals.
[RSMo. §578.012]
A. 
A person is guilty of animal abuse when a person:
1. 
Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of Sections 578.005 to 578.023 and 273.030, RSMo.;
2. 
Purposely or intentionally causes injury or suffering to an animal; or
3. 
Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.
[1]
Note — Under certain circumstances this offense can be a felony under state law.
[RSMo. §578.009]
A. 
A person is guilty of animal neglect when he/she has custody or ownership or both of an animal and fails to provide adequate care or adequate control which results in substantial harm to the animal.
B. 
A person is guilty of animal abandonment when he/she has knowingly abandoned an animal in any place without making provisions for its adequate care.
C. 
Animal neglect or animal abandonment are ordinance violations. For a first (1st) offense of either violation, a term of imprisonment not to exceed fifteen (15) days, or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. For a second (2nd) or subsequent violation of either offense, a term of imprisonment not to exceed ninety (90) days, or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. All fines and penalties for a first (1st) conviction of animal neglect or animal abandonment may be waived by the court provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned animals may not be waived.
D. 
In addition to any other penalty imposed by this Section, the court may order a person found guilty of animal neglect or animal abandonment to pay all reasonable costs and expenses necessary for:
1. 
The care and maintenance of neglected or abandoned animals within the person's custody or ownership;
2. 
The disposal of any dead or diseased animals within the person's custody or ownership;
3. 
The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and
4. 
The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.
[RSMo. §578.029]
A. 
A person commits the offense of knowingly releasing an animal if that person, acting without the consent of the owner or custodian of an animal, intentionally releases any animal that is lawfully confined for the purpose of companionship or protection of persons or property or for recreation, exhibition or educational purposes.
B. 
As used in this Section, "animal" means every living creature, domesticated or wild, but not including Homo sapiens.
C. 
The provisions of this Section shall not apply to a public servant acting in the course of such servant's official duties.
[RSMo. §578.173]
A. 
Any person who commits any of the following acts is guilty of a class D felony:
1. 
Baiting or fighting animals;
2. 
Permitting baiting or animal fighting to be done on any premises under his/her charge or control;
3. 
Promoting, conducting, or staging a baiting or fight between two (2) or more animals;
4. 
Advertising a baiting or fight between two (2) or more animals;
5. 
Collecting any admission fee for a baiting or fight between two (2) or more animals.
B. 
Any person who commits any of the following acts is guilty of a class A misdemeanor:
1. 
Knowingly attending the baiting or fighting of animals;
2. 
Knowingly selling, offering for sale, shipping, or transporting any animal which has been bred or trained to bait or fight another animal;
3. 
Owning or possessing any of the cockfighting implements, commonly known as gaffs and slashers, or any other sharp implement designed to be attached to the leg of a gamecock;
4. 
Manufacturing, selling, bartering or exchanging any of the cockfighting implements, commonly known as gaffs and slashers, or any other sharp implement designed to be attached to the leg of a gamecock.
[RSMo. §578.025]
A. 
Any person who:
1. 
Owns, possesses, keeps, or trains any dog, with the intent that such dog shall be engaged in an exhibition of fighting with another dog;
2. 
For amusement or gain, causes any dog to fight with another dog, or causes any dogs to injure each other; or
3. 
Permits any act as described in Subparagraph (1) or (2) of this Subsection to be done on any premises under his/her charge or control, or aids or abets any such act is guilty of a class D felony.
B. 
Any person who is knowingly present, as a spectator, at any place, building, or structure where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in Subparagraph (2) of Subsection (A) of this Section, with the intent to be present at such exhibition, fighting, or injuring is guilty of a class A misdemeanor.
C. 
Nothing in this Section shall be construed to prohibit:
1. 
The use of dogs in the management of livestock by the owner of such livestock or his/her employees or agents or other persons in lawful custody of such livestock;
2. 
The use of dogs in hunting; or
3. 
The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law.
[R.O. 2006 §210.090; Ord. No. 1246, 9-7-1999; Ord. No. 1454 §I, 4-18-2011]
A. 
No person shall keep a cow, bull, mule, jack, horse, sheep or goats in a building, enclosure or pasture, the exterior of which is within one hundred (100) feet of the dwelling house or place of another business of another. No person shall keep more than one (1) such animal, unless each such animal has access to at least twenty-one thousand seven hundred eighty-nine (21,789) square feet of pen or enclosed area: provided however, no additional enclosure space shall be required for the keeping of suckling offspring of a cow, mare, mule, ewe, or nanny. All fences used in keeping livestock are to be of woven (hog/square) on the bottom portion with no more than the top two (2) strands of barbed wire. Chickens or domestic fowl pens/enclosures shall be of "chicken" (poultry netting or woven wire). Current livestock fences that are in place at the time of passage of this Section are hereby "grandfathered" in as acceptable, but if replaced, must be brought to the requirements as set forth herein.
B. 
Livestock and chicken owners may be cited for noisy animals, animals running at large and for animals living in unsanitary conditions. If a complaint for noise, running at large or unsanitary conditions is lodged against a property owner three (3) times or more in a calendar year, and the owner be found guilty of said offenses, the property owner shall relinquish his rights to have livestock, chickens or domestic fowl on his/her property for one (1) calendar year following his third (3rd) conviction.
C. 
If a cat or dog is verified as killing a chicken or caught running or harassing livestock, they shall be considered a dangerous or aggressive animal.
[Ord. No. 1454 §I, 4-18-2011]
No person owning any livestock as defined in the Chapter shall allow such livestock to run at large, except in the enclosure controlled by such person. All fees incurred by the City in "rounding up" or restraining any livestock running at large shall be taxed to the owner or possessor or both.
[Ord. No. 1454 §I, 4-18-2011]
A. 
No person shall keep chickens or other domestic fowl in any pen having less than one hundred forty-four (144) square feet (12 x 12 feet) or the exterior boundary of which is less than fifty (50) feet from the dwelling of another, a church, a school or a place of another business.
B. 
No more than twelve (12) chickens or domestic fowl may be kept on any property in the City limits. Only twelve (12) chickens or domestic fowl may be kept on a single contiguous property regardless of how many pieces of property are owned by said individual or otherwise allowed. In no case may more than twelve (12) chickens be kept in an area of less than one (1) square acre.
C. 
Only female chickens or domestic fowl may be kept in the City limits. Roosters are specifically prohibited.
D. 
Chickens or domestic fowl that are found to be sick or with parasites are to be removed from City limits or destroyed immediately.
E. 
All chickens or domestic fowl shall be provided ample food and water. If the owner or possessor does not provide adequate food, water, shelter or adequate space, said fowl may be seized and the owner or possessor shall forfeit his right to possess chickens or domestic fowl for one (1) calendar year.
F. 
Manure produced by chickens or domestic fowl shall be removed as soon as possible. Only three (3) cubic feet of manure can be stored by any property owner at any time. If a property owner violates this provision, he shall forfeit his right to own chickens or domestic fowl inside the City limits for one (1) calendar year.
[Ord. No. 1454 §I, 4-18-2011]
No person shall keep or allow or permit to be kept on any premises occupied by him, or under his charge or control, any animal or fowl in a pen or other enclosure under such conditions that an offensive or noxious smell or odor shall arise therefrom, to the injury, annoyance or inconvenience of any inhabitant of the neighborhood or City.
[Ord. No. 1454 §I, 4-18-2011; Ord. No. 1492 § II, 8-20-2015]
Fines for livestock owners found guilty of the above shall be: One hundred dollars ($100.00) for the first (1st) offense. Two hundred dollars ($200.00) for the second (2nd) offense. And three hundred dollars ($300.00) for the third (3rd) offense and additionally a person convicted of a third (3rd) offense shall have his or her right to keep or maintain livestock within City revoked for one (1) year.
[R.O. 2006 §210.100; Ord. No. 1246, 9-7-1999]
It shall be unlawful for any person to use, place, set out or deploy any animal trap above ground, which makes use of a spring gun, spring jaws, clamping devices, cutting or stabbing mechanism or any other devices that will damage or severely injure any animal when caught or trapped by the device or trap; except that nothing herein contained shall prohibit the use of animal traps that are so designed to trap and hold animals without injuring the animals.
[R.O. 2006 §210.110; Ord. No. 1246, 9-7-1999]
A. 
It shall be unlawful for the owner of any animal to keep or maintain such animal in the City so as to constitute a nuisance. For the purpose of this Section, "nuisance" is defined as any animal which:
1. 
Molests or interferes with persons in the public right-of-way.
2. 
Attacks or injures persons or other domestic animals.
3. 
Damages public or private property other than that of its owner or harborer by its activities or with its excrement.
4. 
Scatters refuse that is bagged or otherwise contained.
5. 
Causes any condition which threatens or endangers the health or well-being of persons or other animals.
If a summons is issued charging violation of this provision, a subpoena shall also be issued to the complainant to testify to the nuisance under oath.
[Ord. No. 1487 §I, 9-12-2013]
A. 
It shall be unlawful and a public nuisance for any person(s) residing in one (1) household having the right of property or custody of to own, keep or harbor more than four (4) canines (dogs) over the age of three (3) months to remain on or about any premises located within the City limits of Willow Springs. The maximum limits are per household and the presence of multiple owners in the household shall not increase them. A service or guide dog shall be counted in the maximum number of dogs that may be kept or harbored in the City of Willow Springs by any owner or keeper thereof.
B. 
When animals in excess of the limit established in Subsection (A) of this Section are found at a residence, all of the animals found at the residence may be removed to the City dog pound and handled as stray animals, except that the person in charge of the residence may designate and retain up to four (4) animals.
C. 
Any and all non-conforming uses must be corrected so as to be in compliance herewith within three (3) months of the effective date of this Section.
[R.O. 2006 §210.120; Ord. No. 1246, 9-7-1999]
The keeping or harboring of any animal which by loud, frequent and habitual barking, howling, yelping, mewing, roaring or screeching shall disturb the peace of any neighborhood is hereby prohibited. It shall be the duty of any person harboring or keeping such loud or noisy animal or animals to abate the condition, and if he/she fails to do so, the City may abate it by taking up, impounding and/or disposing of the animal at the expense of the owner.
[R.O. 2006 §210.130; Ord. No. 1246, 9-7-1999]
A. 
It shall be unlawful for any person to keep or maintain any animal in any yard, structure or area that is not clean, dry and sanitary, free from debris and offensive odors that annoy any neighbor, and devoid of rodents and vermin.
B. 
Excrement shall be removed at least once daily from any animal shelter, pen or yard area where animals are kept, or more often if necessary to prevent or control odors, fly breeding or rodent infestation. If excrement is stored on the premises by any animal owner, it shall be stored in adequate containers with fly-tight lids, and all such stored or accumulated wastes shall be disposed of at least once each week.
C. 
All animal shelters, pens and yards shall be so located that adequate drainage is obtained, normal drying occurs and standing water is not present.
D. 
All animal shelters and board fences confining animals shall be maintained in good repair, and all animal shelters and board fences confining animals subject to residential and commercial classification shall be protected from deterioration by painting or comparable treatment.
E. 
Barbed wire fences and electrically charged fences shall not be permitted for animal confines except on properties for which an agricultural classification permit is held or where the barbed wire fence or electrically charge fence is protected by an exterior fence.
F. 
All premises on which animals are kept shall be subject to inspection by the Animal Control Officer, duly authorized Law Enforcement Officer or Public Health Official. If the officer or official determines from such inspection that the premises are not being maintained in a clean and sanitary manner, he/she shall notify the owner of the animals in writing to correct the sanitation deficiencies within twenty-four (24) hours after notice is served on the owner. Any animal kept under any condition which could endanger the public or animal health or create a health nuisance may be impounded. Animals shall be released after fees are paid and cause for impoundment has been corrected.
[R.O. 2006 §210.140; Ord. No. 1246, 9-7-1999]
A. 
Animal shelters owned or operated as a stockyard or commercial holding pen shall be adequately maintained and cleaned as often as is necessary, as determined by the Health Officer, to control fly breeding or to control other conditions adversely affecting the public health including the following:
1. 
Collected fecal material and other solid organic waste shall be disposed of at a sanitary landfill, fertilizer processing plant, or by proper dispersal on land used for agricultural purposes.
2. 
Grain or protein feed shall be stored in tightly covered rodent-proof metal contains or rodent-proof bins.
3. 
Premises subject to the terms of this Section shall be maintained free of rodent harborage and in accordance with Section 205.130 of this Chapter.
4. 
Wherever reasonable, use shall be made of anticoagulant rodenticides for the control of rodents and organo-phosphorus insecticides for the control of files or any other effective chemical means for the control of rodents and flies.
5. 
Wherever reasonable, use shall be made of soil sterilants and herbicides or other effective means for the control of weeds and grass around structures and buildings.
6. 
Enclosures including fences where animals such as horses, cows, sheep and goats are maintained shall be constructed in a manner, using dimension lumber materials, or other effective means to prevent such animals from breaking out or causing hazard to persons or property.
7. 
The solid wastes accumulated from the cleaning of animal shelters and holding pens maintained by persons subject to a residential classification permit as herein provided shall be stored in metal containers, with tight-fitting metal lids, and all such stored or accumulated wastes shall be disposed of at least once each week.
8. 
Holding lots, pens and floors of sheds and buildings where animals are held and which are maintained by persons subject to a commercial, industrial or agricultural classification permit according to the terms of this Chapter shall be surfaced with concrete or asphaltic materials and that the drainage system of such surfaced areas shall include proper retaining walls and traps to control the waste from draining into watercourses and such drainage system shall be subject to the approval of the Health Officer. The Health Officer shall waive this standard for domestic animal holding operations where such animal holding is no longer than twenty-four (24) hours for any domestic animal involved or where dirt lots are more appropriate to the proper care of cattle, horses or sheep.
9. 
Solid wastes accumulated from the cleaning of animal shelters and holding pens maintained by persons subject to a commercial, industrial or agricultural permit according to the terms of this Chapter shall be stored on concrete slabs or other facilities, such as dirt lots on which is stockpiled manure with an exposed perimeter as approved by the Health Officer, provided that all solid waste shall be properly disposed of at least once each week or as may be approved by the Health Officer.
[R.O. 2006 §210.150; Ord. No. 1246, 9-7-1999]
All dead animals shall be disposed of by the owner or keepers within twenty-four (24) hours of the animal's death, by burial, incineration in a facility approved by the Animal Control Officer, by rendering or by other lawful means approved by the Animal Control Officer. No dead animal shall be dumped on any public or private property.
[R.O. 2006 §210.160; Ord. No. 1246, 9-7-1999]
A. 
Prohibited. It shall be unlawful for any person to keep, possess or harbor a vicious animal within the City. Impoundment of animals whose owners have been cited for violation of this Section shall be at the discretion of the Animal Control Officer. If the animal presents a clear and present danger to the public health or safety, it shall be the duty of the Animal Control Officer or his/her agent to impound such animal.
B. 
Defined. For purposes of this Chapter, a vicious animal shall include:
1. 
Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals;
2. 
Any animal which attacks a human being or domestic animal without provocation;
3. 
Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting;
4. 
Any animal which is urged by its owner or harborer to attack, or whose owner or harborer threatens to provoke such animal to attack, any Law Enforcement Officer while such officer is engaged in the performance of official duty.
C. 
Complaint. Whenever a sworn complaint is filed in the Municipal Court against the owner of an animal alleging that such animal is vicious and in violation of this Section, the Municipal Judge shall hold a hearing to determine whether or not the animal is vicious within the meaning of this Section and thereby in violation of this Section. The owner of the animal shall be notified in writing of the time and place of the hearing at least one (1) week prior to the hearing. In making a determination, the Municipal Judge shall consider the following:
1. 
The seriousness of the attack or bite;
2. 
Past history of attacks or bites;
3. 
Likelihood of attacks or bites in the future;
4. 
The condition and circumstances under which the animal is kept or confined;
5. 
Other factors which may reasonably relate to the determination of whether or not the animal is vicious.
The Municipal Judge shall order the impoundment, the muzzling in accordance with Subsection (D) and/or the confinement of the animal accused of being in violation of this Section in a manner and location that will insure that it is no threat to persons or other animals pending the outcome of the hearing. If such impoundment, muzzling or otherwise safe confinement is not possible or if prior court orders to restrain such animal have gone unheeded, the Municipal Judge may order the animal immediately destroyed.
D. 
Vicious Dogs To Be Muzzled. It shall be the duty of every owner, keeper or harborer of any dog in the City, which dog is vicious or has been known to bite, chase or run after any person or animal in the streets, alleys or any public place in the City, to keep the same muzzled with a good and sufficient wire or leather muzzle, securely fastened so as to wholly prevent such dog from biting any animal or person until such time as a determination has been made by the court as to whether the dog is vicious or not. Any person owning, keeping or harboring any dog within the City limits contrary to this Section shall be guilty of a violation of this Code.
E. 
Immediate Destruction. Nothing in this Chapter shall be construed to prevent the Animal Control Officer or any Law Enforcement Officer from taking whatever action is reasonably necessary to protect himself/herself or members of the public from injury or danger, including immediate destruction of any vicious animal without notice to the owner.
F. 
Release Of. If a complaint has been filed in the Municipal Court against the owner of an impounded animal for a charge under this Section, the animal shall not be released except on the order of the Municipal Judge, who may also direct the owner to pay all impounding fees in addition to any penalties for violation of this Chapter. The Municipal Judge may, upon making a finding that an animal is vicious or that it represents a clear and present danger to the citizens or to other animals in the community, order the animal to be destroyed in a humane manner by the animal shelter. Surrender of an animal by the owner thereof to the Animal Control Officer does not relieve or render the owner immune from the decision of the court, nor to the fees and fines which may result from a violation of this Section.
[R.O. 2006 §210.170; Ord. No. 1246, 9-7-1999]
A. 
It shall be unlawful for any person to willfully allow any animal or fowl under his/her control to be or to run at large within the City. Any animal or fowl found at large shall be impounded as provided in Section 205.300.
B. 
If a dog or cat returns to the property of its owner or keeper, before capture, the Animal Control Officer shall issue a written warning to the owner and on the second (2nd) occasion shall file charges against the owner either on a basis of a signed complaint by a neighbor or upon the personal observation of the dog or cat running at large by the Animal Control Officer.
[R.O. 2006 §210.190; Ord. No. 1246, 9-7-1999]
At any time before the sale or destruction of any animal impounded under the provisions of this Article, except for animals impounded under Sections 205.160 (vicious) and 205.190 (rabid), the owner thereof may redeem the animal by paying the Municipal Court Clerk or any person in charge, the impounding fee and all costs incurred as a result of such impoundment.
[R.O. 2006 §210.200; Ord. No. 1246, 9-7-1999]
A. 
Any Law Enforcement Officer or local Health Officer may take up, upon private or public property, any animal which has bitten or scratched a person or other animal and impound the animal in the City Pound, securely penned and separated from other animals, or in a veterinary hospital or animal care facility for a period of not more than ten (10) days during which time the local Health Officer shall determine whether or not such animal is suffering from a disease and, if not, the local Health Officer shall authorize the release of the animal upon payment by the owner of the boarding fee therefore. The Health Officer may authorize the keeping of any such animal on the owner's premises if the owner produces a rabies vaccination certificate showing that the animal has valid rabies vaccination protection. Impoundment costs shall be borne by the owner. If in the opinion of the local Health Officer symptoms develop justifying a microscopic examination, then the animal shall be killed and examination made by the State Board of Health.
B. 
In lieu of the provisions of Subsection (A), the owner of any such animal may, at his/her own expense, take such animal to any duly qualified and licensed veterinarian in the City for observation. Such veterinarian shall report his/her findings in writing to the local Health Officer. If in the opinion of such veterinarian a microscopic examination is justified, then the animal shall be turned over to the Animal Control Officer or any Law Enforcement Officer to be killed and examination made by the State Board of Health.
C. 
Any animal desired for observation by the local Health Officer under this Section shall be delivered to the Animal Control Officer or any Law Enforcement Officer upon demand and shall not be withheld, hidden or harbored. Any person violating this provision shall be guilty of a violation of this Code. Upon refusal of any person to so deliver such animal, the Municipal Judge shall cause a warrant to be issued for the arrest of such person, which warrant shall also provide for the surrender of the animal and shall be lawful authority for the apprehending and forcible taking of such animal.
[R.O. 2006 §210.210; Ord. No. 1246, 9-7-1999]
A. 
Whenever a dog, cat or other animal is bitten by a rabid animal or an animal later proved to have been rabid, it shall be the duty of the owner of the animal that is bitten, to report that fact to the local Health Officer and/or Police Department. It shall also be the duty of the owner of the bitten animal to either destroy or have his/her bitten animal destroyed unless:
1. 
The animal which was bitten had been vaccinated against rabies at least three (3) weeks before being bitten and has a current vaccination;
2. 
If the bitten animal has a current vaccination, it shall be confined for ninety (90) days;
3. 
The bitten animal shall be released from confinement only upon written order from the local Health Officer, who declares the animal to be free of rabies; and
4. 
If the animal is found to have contracted rabies during confinement, it shall be properly disposed of.
[R.O. 2006 §210.220; Ord. No. 1246, 9-7-1999]
Any person who as the operator of a motor vehicle strikes any animal shall stop at once and shall immediately report such injury or death to the owner of such animal, or in the event that the owner cannot be ascertained and located, the operator shall at once report the accident to the Animal Control Officer or any Law Enforcement Officer.
[R.O. 2006 §210.230; Ord. No. 1246, 9-7-1999]
The Mayor is hereby authorized whenever in his/her opinion the danger to the public safety from rabid animals is made imminent to issue a proclamation ordering all persons owning any animal in the City to confine the animal in a good and sufficient enclosure from which the animal cannot escape, or fasten such animal by means of a chain on the premises where the owner may reside, for such time as may be specified in such proclamation. Any animal not confined during such time may be disposed of wherever found by any Police Officer or the Animal Control Officer of the City. The owner of such animal shall be prosecuted for such violation thereof.