[R.O. 2012 § 208.010; Ord. No.
142 § 1, 8-18-1992; Ord. No. 261, 1-2-2002; Ord. No. 268, 7-16-2002]
No dog, cat or other domestic animal shall be permitted to run
at large within the limits of this City.
[R.O. 2012 § 208.020; Ord. No.
142 § 2, 8-18-1992; Ord. No. 261, 1-2-2002; Ord. No. 268, 7-16-2002]
The restriction imposed by Section 205.010 shall not prohibit the appearance of any dog or other domestic animal upon the streets or public property when such animal is on a leash or under direct control of the accompanying person.
[R.O. 2012 § 208.030; Ord. No.
142 § 3, 8-18-1992; Ord. No. 236, 1-14-1999; Ord. No. 261, 1-2-2002; Ord. No. 268, 7-16-2002]
A.
No person owning or charged with the care or control, in whole or
in part, of any domestic animal shall:
1.
Allow or permit the animal to frequently or habitually bark,
whine, howl, cry, or make other loud noises indicative to said animal
which disturb the peace and quiet of the neighborhood.
2.
Allow or permit the animal to threaten, molest or otherwise
disturb persons afoot; on bicycle, skates, skateboard or other self-propelled
device; or in vehicles by chasing, barking or biting or other such
actions indicative to said animal.
3.
Allow their animal to leave excrement on any other's lawn or
garden or on any surfaced driveways, parking lots or streets within
this City.
4.
Allow their animal to become a nuisance.
[R.O. 2012 § 208.040; Ord. No.
142 § 4, 8-18-1992; Ord. No. 261, 1-2-2002; Ord. No. 268, 7-16-2002]
No animal owner shall keep or cause to be kept any dog over four (4) months of age within the City after the first day of October 1992, unless a license therefore has been first secured. Licenses shall be issued by the City Clerk for a fee of three dollars ($3.00) for each dog. Every application for a dog license shall be accompanied by a certificate from a qualified veterinarian attesting that the dog to be licensed has been given a vaccination against rabies in compliance with Section 205.090. Licenses shall expire on the 30th day of September next following their issuance.
[R.O. 2012 § 208.045; Ord. No.
292 §§ 1-3, 5-18-2004; Ord. No. 299, 5-17-2005]
A.
Defining A Dangerous Dog.
1.
Any dog with the following characteristics shall be classified
as dangerous:
a.
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, which results in broken
bones or lacerations or inpatient hospitalization. The victim receiving
severe injuries, as defined above, must provide the Police Department
a signed physician's statement documenting injury and treatment qualifying
such as a severe injury or sign an authorization for release of such
statement.
b.
Any dog that causes injury by attacking a domestic animal, livestock
or poultry without provocation, while off the dog owner's property
or running at large.
c.
Any dog owned or harbored primarily or in part for the purpose
of dog fighting or any dog trained for dog fighting.
d.
Any dog that has bitten a human being, without provocation,
on public or private property including the property of the owner.
2.
Exemptions to dangerous dog classification.
a.
With the exception of paragraph (A)(1)(a), no dog may be declared
dangerous if the threat, injury or damage was sustained by a person
who, at the time, was committing a willful trespass or other tort
upon the premises occupied by the owner or keeper of the dog or was
teasing, tormenting, abusing or assaulting the dog or has, in the
past, been observed or reported to have teased, tormented, abused
or assaulted the dog or was committing or attempting to commit a crime.
b.
With the exception of paragraph (A)(1)(a), the investigation
of an incident may, because of extenuating circumstances, determine
that an animal is not dangerous. However, the owner, being responsible
for said dog, may be warned of the animal's tendencies and to take
appropriate action to prevent subsequent incidences. This, however,
does not exempt the owner from being cited for other animal control
ordinance violations.
c.
Dogs owned by governmental or Law Enforcement Agencies when
being used in the services of those agencies are exempt.
3.
Actions to be taken for dangerous dogs causing severe or fatal
injuries.
B.
Owners' Responsibilities.
1.
Any dangerous dog that bites or scratches a human being, or
any dog, whose behavior immediately prior to or during an incident
resulting in a human being bitten or scratched, which is determined
to be dangerous, shall be subject to a ten (10) day rabies quarantine
according to current Missouri Health Department guidelines.
2.
The owner or keeper shall notify the Police Department immediately
if a dangerous dog is loose, unconfined or missing, has attacked another
animal or has attacked a human being.
3.
The owner or keeper shall notify the Police Department within
twenty-four (24) hours if a dangerous dog has died or has been sold
or given away. If the dog has been sold or given away, the owner or
keeper shall provide the Police Department with the name, address
and telephone number of the new owner, and the new owner, if the dog
is kept within the City limits of Kimberling City, must comply with
the requirements of this Section.
4.
While on the owner's property, a dangerous dog must be securely
confined indoors or in a securely enclosed locked pen or structure,
suitable to prevent the entry of young children and designed to prevent
the animal from escaping. The enclosure must also provide protection
from the elements for the dog. The enclosure, when occupied by a dangerous
dog, shall not be occupied by any other animal. If the dangerous dog
is a female with a litter of puppies under three (3) months of age,
the puppies may occupy the same enclosure as the mother.
5.
No 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 screen windows
or screen doors are the only obstacles preventing the dog from exiting
the structure.
6.
The owner or keeper shall display a sign on the premises that
there is a dangerous dog on the property. This sign shall be visible
and capable of being read from the public highway or thoroughfare
from which the property is entered. In addition, a similar sign must
be posted on all sides of the kennel or pen or fenced yard of such
animal.
7.
A dangerous dog may be off the owner's premises if it is muzzled
and restrained by a substantial chain or leash not exceeding six (6)
feet in length and under the control of a responsible person. The
muzzle must be made in a manner that will not cause injury to the
dog or interfere with its vision or respiration but must prevent it
from biting any person or animal. While off the owner's premises,
a dangerous dog may not be leashed to inanimate objects such as trees,
posts or buildings, etc.
8.
The owner or keeper of a dangerous dog shall present to the
Police Department proof that the owner or keeper has procured liability
insurance in the amount of at least one hundred thousand dollars ($100,000.00)
covering the twelve-month period during which licensing is sought.
This policy shall contain a provision requiring the City of Kimberling
City to be notified by the insurance company of any cancellation,
termination or expiration of the policy.
9.
All owners or keepers of dangerous dogs must, within ten (10)
days of such declaration, provide the Police Department with two (2)
color photographs (one (1) showing the left profile, the other showing
the right profile) of the animal clearly showing the color and approximate
size of the animal.
10.
It shall be unlawful for the owner or keeper of a dangerous
dog within the City of Kimberling City to fail to comply with the
requirements and conditions set forth in this Section.
C.
Penalty. Any person, firm or corporation violating this Section shall
be deemed guilty of an ordinance violation and upon conviction thereof
shall be punished by a fine of not more than five hundred dollars
($500.00). Any person, firm or corporation deemed guilty of violation
of this Section for a second time or more shall be punished by a fine
of five hundred dollars ($500.00) and/or up to ninety (90) days confinement
in the Stone County Jail.
[R.O. 2012 § 208.050; Ord. No.
142 § 5, 8-18-1992; Ord. No. 261, 1-2-2002; Ord. No. 268, 7-16-2002]
It shall be the duty of each owner of an animal to pay the license fee imposed in Section 205.040 to the City Clerk on or before the first day of October each year, or upon acquiring ownership or possession of any unlicensed animal, or upon establishing residence in the City. The City Clerk shall cause a notice of the necessity of paying such license fee to be printed in two (2) local newspapers one (1) time before the first day of September each year.
[R.O. 2012 § 208.060; Ord. No.
142 § 6, 8-18-1992; Ord. No. 261, 1-2-2002; Ord. No. 268, 7-16-2002]
Upon the payment of the license fee, the City Clerk shall execute
a receipt in duplicate, deliver the original receipt to the person
who pays the fee, and retain the duplicate as the "Official Record
of Licensed Animals within Kimberling City, Missouri." The City Clerk
shall also procure a sufficient number of suitable tags, the shape
and/or color of which shall be different for each license year, and
shall deliver one (1) appropriate tag to the owner when the fee is
paid.
[R.O. 2012 § 208.070; Ord. No.
142 § 7, 8-18-1992; Ord. No. 261, 1-2-2002; Ord. No. 268, 7-16-2002]
The owner shall cause said tag to be affixed by a permanent
fastener to a collar on the animal so licensed in such manner that
the tag is constantly worn by such animal. Purchase or manufacture
of a collar, appropriate to the size of the animal licensed, is the
responsibility of the owner.
[R.O. 2012 § 208.080; Ord. No.
142 § 8, 8-18-1992; Ord. No. 261, 1-2-2002; Ord. No. 268, 7-16-2002]
[R.O. 2012 § 208.090; Ord. No.
142 § 9, 8-18-1992; Ord. No. 261, 1-2-2002; Ord. No. 268, 7-16-2002]
No license shall be granted for a dog that has not been vaccinated
against rabies prior to the making of an application for such license
and said vaccination is certified to be effective at time of such
application. Vaccination shall be performed only by a doctor licensed
to practice veterinary medicine in the State of Missouri or lawfully
licensed in another State. A qualified veterinarian who vaccinates
a dog to be licensed in the City shall complete in duplicate a certificate
of vaccination, which shall certify the efficacy of the vaccination.
One (1) copy shall be issued to the dog owner for affixing to the
license application, and one (1) copy shall be retained in the veterinarian's
files.
[R.O. 2012 § 208.100; Ord. No.
142 § 10, 8-18-1992; Ord. No. 261, 1-2-2002; Ord. No. 268, 7-16-2002]
Any person, firm or corporation violating Subsection (A)(1), (3) or (4) of Section 205.030 of this Chapter shall be deemed guilty of an ordinance violation and upon conviction thereof shall be punished by a fine of not more than one hundred dollars ($100.00). Any person, firm or corporation deemed guilty of violation of Subsection (A)(1), (3) or (4) of Section 205.030 for a second time or more, or who violates Subsection (A)(2) of said Section shall be punishable by a fine of not more than five hundred dollars ($500.00) and/or up to ninety (90) days confinement in the Stone County Jail.
