[R.O. 2013 § 205.100; R.O. 2005
§ 5-8; Ord. No. 73.010 § 1-1-9; Ord. No. 73.020; Ord. No. 00-07 § 2; Ord.
No. 01-06 § 2; Ord. No.
08-18 § 1(B), 1-6-2009]
A. It shall be unlawful for any person to
own, keep, harbor or have custody of any dog over the age of six (6)
months within the City limits unless that dog is licensed and said
license is affixed to a collar such that the license is constantly
displayed on the dog. Licenses are to be obtained by presenting proof
of vaccination at City Hall and paying the appropriate fee, or by
presenting the animal to a local veterinarian who participates in
the issuing of licenses for the City of Fayette, Missouri, as described
below.
B. Licenses shall be issued by local veterinarians
or at City Hall in the form of "puppy tags" for animals under six
(6) months of age to provide a method of identification of animals
too young to be vaccinated.
C. Citizens owning dogs over the age of six
(6) months shall present the dog to a veterinarian who will vaccinate
against rabies and if the dog is sterilized, the veterinarian shall
endorse on the license application that the dog has been sterilized
and give the date of the operation.
D. If the dog has been previously vaccinated
within six (6) months and proof is furnished to the veterinarian,
then the veterinarian may issue the license without vaccinating the
animal. The veterinarian who vaccinates or licenses a dog within the
City shall complete in duplicate the certificate of vaccination. One
(1) copy shall be issued to the dog owner and one (1) copy shall be
retained in the veterinarian's file.
E. Licenses shall expire one (1) year from
the date of issuance.
F. The license fee shall be ten dollars ($10.00)
for each sterilized dog and fifteen dollars ($15.00) for each unsterilized
dog, and shall be paid to the veterinarian independent and apart from
any vaccination fee or other veterinary fee. The veterinarian shall
then furnish the dog owner with a metal tag indicating the dog is
licensed and shall retain a record thereon. The City shall furnish
the metal tag and the shape of that tag shall be changed each year
and shall have stamped upon it the year for which it was issued and
a number corresponding with the number on the license. Every owner
shall provide a dog with a collar to which the license tags must be
affixed and shall see that the collar and tag are constantly worn.
G. If the dog tag is lost or destroyed, a
duplicate shall be issued by the veterinarian, with a notation that
it is a duplicate with a new number, at a cost of five dollars ($5.00)
upon presentation of a receipt showing payment of the original license
fee, the current fee or for the satisfaction from the veterinarian's
own records that the license was issued and paid for.
H. Dog tags shall not be transferable from
one dog to another and no refund shall be made upon a dog license
fee because of the death of the dog or owner leaving the City before
expiration of license.
I. Dogs that are not licensed pursuant to
this Chapter may be picked up and impounded by any Police or Humane
Officer. Impoundment may be at a place designated by the Board of
Aldermen.
J. Upon taking up and impounding any dog as
provided herein, notice shall be posted at the place where the dog
is impounded and at the City Hall. If the dog is not redeemed within
five (5) business days, it shall be disposed of according to this
Chapter.
K. If the dog is not redeemed by the owner
or other person within five (5) business days after the impoundment,
the dog may be disposed of in any one (1) of the following ways, but
not in any other way:
1.
Euthanasia, using a method approved
by the Humane Society of the United States.
2.
Release for adoption by a new owner
who shows evidence or ability and intention to provide the dog with
an appropriate home and humane care; provided that no unsterilized
dog shall be released for adoption unless a written agreement with
the adopter guaranteeing that sterilization by a licensed veterinarian
shall be completed within thirty (30) days of adoption or within thirty
(30) days of the specified date estimated to be the date of an adopted
infant female or male puppy or kitten becomes six (6) months of age.
The deadline may be extended for thirty (30) days on presentation
of a letter or telephone report from a licensed veterinarian stating
that the life or health of the adopted animal may be jeopardized by
sterilization. There shall be no limits to the number of extensions
that may be granted for this reason.
3.
Released to an ACFA licensed rescue
or shelter.
L. Any dog claimed by its owner from impoundment shall pay the cost of redeeming the animal as provided in Section
205.280 of the Code of Ordinances of the City of Fayette.
M. Penalty. Any person found to be in violation of the provisions of Section
205.100 by a court of competent jurisdiction shall be guilty of an ordinance violation and shall be fined as set forth in Section
205.300 of this Chapter. This Section shall be enforced by the municipal prosecutor through information filed in the Municipal Court.
[R.O. 2013 § 205.110; R.O. 2005
§ 5-10; Ord. No. 06-07 §§ I
– II, 5-2-2006; Ord. No. 09-13 §§ I – II, 8-4-2009]
A. No person shall own, keep, harbor or allow
to be in or upon his/her premises any dangerous or aggressive animal
unless it is confined in accordance with the provisions of this Section.
A dangerous or aggressive animal is:
1.
Any animal which, when unprovoked,
in a vicious or terrorizing manner approaches any person in apparent
attitude of attack upon any street or other area used by the public
or dedicated to public use;
2.
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;
3.
Any animal which bites, inflicts
injury, assaults or otherwise attacks a domestic animal or human being
without provocation on any property;
4.
Any animal owned or harbored primarily
or in part for the purpose of fighting or any trained for fighting;
or
5.
Any animal which habitually snaps
at, growls or otherwise manifests a disposition to bite, attack or
injure any person or domestic animal or pet.
B. An animal is not a dangerous or aggressive
animal if an injury or damage is sustained by a person who, at the
time such injury or damage was sustained, was committing a willful
trespass or other tort upon premises occupied by the keeper or owner
of the animal, or was teasing, tormenting, abusing or assaulting the
animal, or was committing or attempting to commit a crime or violation
of a municipal ordinance.
C. An animal is not a dangerous or aggressive
animal if any injury or damage sustained by a domestic animal which,
at the time such injury or damage was sustained, was teasing, tormenting,
abusing or assaulting the animal. An animal is not a dangerous or
aggressive animal if the animal was protecting or defending a human
being within the immediate vicinity of the animal from an unjustified
attack or assault.
D. Initial determination as to whether an
animal is dangerous or aggressive or not shall be made by the officer
issuing the ticket or other City of Fayette employee, based upon the
circumstances which led to the complaint. If the animal has bitten
a person, it shall be impounded for ten (10) days, after which it
will be examined by a licensed veterinarian to verify the animal is
free of rabies.
E. Dangerous or aggressive animals shall be
securely confined indoors or in a securely enclosed and locked kennel
or cage. The kennel or cage shall be of size appropriate to the size
of the animal kept therein and shall provide adequate ventilation,
shade from the sun and protection from the elements. In the event
of a dispute over the appropriate size, the guidelines of the United
States Department of Agriculture shall apply. The kennel or cage must
have secure sides and a secure top attached to the sides. Such kennel
or cage must have a secure bottom or floor attached to the sides or
the sides must be embedded into the ground. The kennel or cage must
be locked with a key or combination lock when such animals are within
the structure. Any such kennel or cage must be located at least ten
(10) feet from any property line and must comply with all zoning and
building regulations of the City. Kennel for dangerous or aggressive
dogs must be at least six (6) feet in height and, unless a secure
bottom or floor attached to the sides, the sides must be embedded
in the ground no less than two (2) feet.
F. When confined indoors no dangerous or aggressive
animal may be kept on a porch, patio or in any part of a house, building
or structure that would allow the animal to exit such building on
its own volition. No such animal may be kept in a house, building
or structure when the windows are open. No dangerous or aggressive
dog may be kept in a house, building or structure when screen windows
or screen doors are the only obstacle preventing the dog from exiting
the structure.
G. No person shall permit a dangerous or aggressive
animal to go outside its kennel, cage, or secure structure unless
that person has the animal securely leashed on a leash no longer than
four (4) feet in length and that person has physical control of the
leash. Such animals shall not be leashed to inanimate objects such
as trees, posts, buildings, etc. Additionally, all such animals on
a leash outside the animal's kennel, cage or secure structure must
be muzzled by a muzzling device sufficient to prevent the animal from
biting persons or other animals.
H. A sign or signs shall be conspicuously
posted upon the kennel or cage of any dangerous or aggressive animal
with letters at least two (2) inches high containing a warning to
beware of the dangerous or aggressive animal.
I. Any animal that has been deemed by the
courts to be dangerous or aggressive that is not confined in accordance
with this Section may be impounded by an Animal Control Officer.
J. Violations And Penalties. Any person violating or permitting the violation of any provision of this Section shall be subject to the general penalty set forth in Section
205.300 of this Chapter. Upon conviction of any person in violation of this Section, the Municipal Judge may, in addition to the usual judgment, order the animal impounded and, if appropriate, that the animal be euthanized.
[R.O. 2013 § 205.120; R.O. 2005
§ 5-11; Ord. No. 73.110; Ord. No. 00-07 § 2]
No person keeping, harboring or owning a domestic dog shall allow such dog to run at large off the premises of the owner, unless such dog is on a leash and under the control of some competent person. If there is a violation of this Section, the City Police shall take up such dog in the manner and under the same provision for impounding and disposing of said dog as herein provided in Section
205.250.
[R.O. 2013 § 205.130; R.O. 2005
§ 5-12; Ord. No. 73.060; Ord. No. 97-8; Ord. No. 00-07 § 2]
Any domestic animal, reptile or dog running at large or loose upon any of the streets or public places in the City of Fayette shall be taken by the City Police or Animal Control Officer and impounded as provided in Section
205.250 and shall be released to the owner thereon only upon payment of the impoundment and boarding fee set out in Section
205.280. Domestic cats with collars, however, shall not be impounded under this Section.
[R.O. 2013 § 205.140; Ord. No. 08-18 § 1(C), 1-6-2009]
A. No person shall permit more than three
(3) dogs to be kept, harbored or retained in or about any single-family
residence, building or lot, or more than one (1) dog in any residential
unit in any multiple-housing building within the City. This Section
applies only to dogs over the age of six (6) months.
B. The provisions of this Section are not
applicable to owners, keepers or harborers of more than three (3)
dogs registered with the City of Fayette as of January 15, 2009. The
keeping of such dogs, however, shall be subject to the following standards:
1.
Reporting Requirements. All owners,
keepers or harborers of more than three (3) dogs must by January 15,
2009, report the following information in writing to the City Clerk
as required hereinafter:
a.
Number and description of each dog
along with proof of rabies vaccination and City dog tax tag. The owner
must provide a color photograph of each dog, clearly showing the color
and approximate size.
b.
The removal from the City or death
of a registered dog.
2.
Violations And Penalties. Any person violating or permitting the violation of any provision of this Section shall, upon conviction, be subject to the general penalty set forth in Section
205.300 of this Chapter. In addition, such animal shall not be returned to or allowed to remain with such person, but its disposition shall be determined by the court.
[R.O. 2013 § 205.150; Ord. No. 08-18 § 1(D), 1-6-2009]
A. It shall be unlawful for a person who owns,
keeps, harbors or controls an animal to fail to prevent said animal
from hindering or obstructing or otherwise interfering with a City,
County, State or Federal Government employee who is engaged in the
discharge of his/her official duties.
B. It shall be unlawful for a person who owns,
keeps or controls an animal to prevent said animal from obstructing,
impeding or otherwise interfering with another person's use of a City
sidewalk, street, park, or other property of the City or County located
in the City limits of Fayette, which is open to public use.
C. Any person violating the provisions of this Section shall be, upon conviction, subject to a fine as set forth in Section
205.300 of this Chapter.
[R.O. 2013 § 205.160; Ord. No. 08-18 § 1(E), 1-6-2009; Ord. No. 16-15, 9-20-2016]
A. It shall be unlawful to keep, harbor, own or in any way possess within
the corporate limits of the City of Fayette, Missouri:
1.
Any warm-blooded, carnivorous or omnivorous, wild or exotic
animal (including, but not limited to, non-human primates, raccoons,
skunks, foxes and wild and exotic cats; but excluding fowl, ferrets
and small rodents or varieties used for laboratory purposes).
2.
Any animal having poisonous bites.
3.
Violations And Penalties. Any person violating or permitting the violation of any provision of this Section, upon conviction, shall be subject to the general penalty as set forth in Section
205.300 of this Chapter.