[R.O. 1993 § 210.140; Ord. No.
2123 § 1, 10-13-1987]
As used in this Article, the following words shall be construed
to have the meanings set forth below:
A dog not under the restraint and control of a person capable
of controlling and restraining the dog.
Includes any and all of the following:
Any dog with a propensity, tendency or disposition to attack
without provocation, to cause injury, or otherwise to threaten the
safety of humans or domestic animals, and which propensity, tendency
or disposition is known or reasonably should be known to its owner,
keeper or harborer; or
Any dog which without provocation chases or approaches a person
upon City streets, sidewalks or public property, or upon private property
other than the property of the owner of said dog, in a menacing fashion
or with apparent intent to attack; or
Any dog owned or harbored primarily or in part for the purpose
of dog fighting or any dog trained for dog fighting; or
Any dog which without provocation has bitten or inflicted physical
injury on a human being, or which has killed a domestic animal without
provocation while said dog was off the owner's property.
Any person, partnership or corporation who or which feeds
or shelters a dog for three (3) consecutive days or more.
Any person, partnership or corporation who or which has possession
of a dog.
Any person, partnership or corporation who or which owns,
keeps or harbors a dog. If the owner is a minor, the term "owner"
shall include the parent or legal guardian of such minor.
A dog of the following breeds or description, to-wit:
Bull terrier breed of dogs;
Staffordshire bull terrier breed of dogs;
American pit bull terrier breed of dogs;
American Staffordshire terrier breed of dogs;
Dogs of mixed breed or of other breeds than listed above which
breed or mixed breed is known as pit bulls, pit bulls dogs, or pit
bull terriers;
Any dog which has the appearance and characteristics of being
predominantly of the breeds of bull terrier, Staffordshire bull terrier,
American pit bull terrier, American Staffordshire terrier, and any
other breed commonly known as pit bulls, pit bull dogs or pit bull
terriers; or
Any combination of the above breeds.
Any dog which, because of conditioning, training, or genetic
breeding, has a propensity, tendency or disposition to attack, bite
or injure human beings or domestic animals and which propensity, tendency
or disposition is known or reasonably should be known to the owner,
keeper or harborer of the dog.
[R.O. 1993 § 210.150; Ord. No.
2123 § 2, 10-13-1987]
It shall be unlawful to own, keep, harbor or in any way possess
within the City limits any dangerous dog or vicious dog or any pit
bull dog.
[R.O. 1993 § 210.170; Ord. No.
2123 § 4, 10-13-1987]
A.
Any
pit bull dog, dangerous dog or vicious dog found within the City limits
is hereby declared to be a public nuisance and a threat to the well-being
and safety of City residents and their property. The Charleston Department
of Public Safety hereby is authorized and directed to abate any such
public nuisance upon the following conditions:
[Ord. No. 2920, 10-10-2017]
1.
A verified written complaint is filed with the Department of Public
Safety by any person particularly stating the date, place and facts
involved in the violation.
2.
Upon investigation, any officer of the Charleston Department of Public
Safety or the duly appointed Animal Control Officer finds that said
violation has occurred.
3.
An order is issued by an officer of the Department of Public Safety
to the owner, keeper or harborer of said dog to abate the nuisance
immediately which shall specify the violation and what must be done
to comply with the regulations.
B.
In
the event the owner, keeper or harborer of such dog cannot reasonably
be ascertained or found so as to serve an abatement order upon said
person, or in the event the owner, keeper or harborer of such animal
shall fail or refuse to abate said nuisance within twenty-four (24)
hours after the order of abatement is served upon him/her, then the
Charleston Department of Public Safety hereby is authorized and directed
to abate the nuisance by seizing and impounding said dog.
C.
If
the owner, keeper or harborer of such dog cannot be ascertained or
found within five (5) days after said dog has been seized and impounded,
or if the owner, keeper or harborer of such dog fails or refuses to
completely and fully comply with the abatement order and abate said
nuisance within five (5) days after said dog is seized and impounded,
then the Charleston Department of Public Safety hereby is authorized
and directed to destroy the animal or cause its removal from the City
limits of Charleston, Missouri, in such a manner as to prevent said
animal from being at large and becoming a threat to human beings and
other animals.
D.
Any
owner, keeper or harborer of any such dog who wishes to appeal such
order of abatement issued by the Charleston Department of Public Safety
may appeal to the Charleston Municipal Court for a stay order and
a determination of the validity of such abatement order. However,
the Municipal Court may order the Charleston Department of Public
Safety to seize and impound the animal pending its determination of
the appeal if the court deems that the seizure and impoundment of
said dog is necessary or reasonable for the protection of City residents
or their property. The Municipal Court may order the owner, keeper
or harborer of such dog to pay all costs of impoundment pending the
appeal if the order of abatement is upheld by the court.
[R.O. 1993 § 210.180; Ord. No.
2123 § 6, 10-13-1987]
A.
Any
person, partnership or corporation who shall violate or permit the
violation of any provision of this Article shall, upon conviction,
be fined a sum not less than one dollar ($1.00) nor more than five
hundred dollars ($500.00). In addition, the court may sentence the
defendant to imprisonment for a period not to exceed thirty (30) days.
Furthermore, the court may order the registration of the pit bull
dog, dangerous dog or vicious dog which is the subject of the violation
to be revoked and the dog ordered removed from the City limits. In
the event the defendant refuses to remove the dog from the City pursuant
to such court order, the Municipal Court may find the defendant owner
in contempt and order the immediate confiscation and impoundment of
the subject animal and its removal from the City limits.
B.
Each
day that a violation of this Article continues shall be deemed a separate
offense.
C.
In
addition to the foregoing penalties, any person who violates this
Article shall pay all expenses, including shelter, food, handling,
veterinarian care and any other expenses necessitated by the enforcement
of this Article.
