[Ord. No. 02-2019, 5-21-2019]
As used in this Article, the following terms shall have these
prescribed meanings:
All animals of the canine or feline species, both male and
female.
Physical injury that creates a risk of death or that causes
actual disfigurement or protracted loss or impairment of the function
of any part of the body,
Any person having a right of property in a dog or cat, or
who keeps or harbors a dog or cat, or who has it in his/her care or
acts as its custodian, or who knowingly permits a dog or cat to remain
on or about any premises owned or occupied by him/her.
Shall be held and construed to mean any and all of the following
dogs:
The Staffordshire Bull Terrier breed of dogs.
The American Staffordshire Terrier breed of dogs.
The American Pit Bull Terrier breed of dogs.
Dogs which have the appearance and characteristics of being
predominately of the breeds of the dogs known as "Staffordshire Bull
Terrier," "American Pit Bull Terrier," or "American Staffordshire
Terrier."
Allowing a dog to be off the private premises of the owner
or keeper, or his/her agent or servant, and not on a leash or confined
to the arms, motor vehicle, trailer or other conveyance of the owner
or keeper, his/her agent or servant.
A person upon the premises of the owner or keeper of the
dog in question without license or privilege to be upon said premises,
Any dog running at large or a dog on the premises of its
owner or keeper but not confined to said premises by a leash, fence,
structure or other means that would prevent the dog from leaving such
premises.
Any dog, whether or not running at large and whether or not
unrestrained, that without provocation has bitten, or otherwise attacked,
any person not a trespasser, causing serious physical injury to that
person that exceeds purely nominal damage.
Any unrestrained dog, whether or not running at large, that
without provocation, has attempted to bite or otherwise attack any
person not a trespasser.
Any unrestrained dog, whether or not running at large, that,
without provocation, has placed any person not a trespasser in apprehension
of immediate serious physical injury.
Any dog that has killed another dog, cat, or other domestic
animal without provocation.
[R.O. 2006 § 205.020; Ord. No.
7-93 §§ 73.070 — 73.090, 1993; Ord. No. 5-2004 § 1, 4-20-2004; Ord. No. 02-2019, 5-21-2019]
A.
Dog License Required, It shall be unlawful for any person to own,
possess, harbor or keep any dog within the City limits of the City
of Greenfield without having purchased a dog license for such dog,
and securely attaching said license on the collar of such dog. Said
licenses shall be provided by the City with each license being manufactured
from a durable material and identified by a number and color indicating
date of expiration. The fee for issuance of such license shall be
nine dollars ($9.00), and each license shall be valid for a term of
three (3) years from the date of issuance. Tags must be renewed triannually
in order to comply with this regulation. The City Clerk shall keep
a record of all such licenses issued, and the City shall presume that
the person obtaining such license is the legal owner of the dog wearing
such license. A copy of an accurate photograph identifying the dog
in question shall be provided to the City Clerk by the applicant.
Said photograph shall be kept as a part of the file concerning the
dog's license. If the amount the City pays for a dog tag increases,
the cost of the license fee shall automatically increase by a like
amount. Dog licenses may hereafter be issued at such time and for
such periods of time as the City Clerk may determine.
B.
Rabies Vaccination Required. It shall be unlawful to possess, harbor or keep any dog within the City limits of the City of Greenfield that has not been inoculated for rabies. The City Clerk may not issue any license as provided in the preceding Subsection A except upon presentation of a currently valid certificate, or other satisfactory evidence, showing affirmatively that such dog has been vaccinated against rabies and that such vaccination is currently effective against rabies.
C.
Licensing of Pit Bull Dogs.
1.
The City Clerk may not issue any license, as provided above,
for any Pit Bull dog. In the event that any dog already licensed in
accordance with these regulations is due for the annual renewal of
its license and it is alleged to be a Pit Bull dog, the City Clerk
may renew such dog's license through the following procedure:
a.
The Clerk will review the records of the City in order to determine
whether or not the dog in question has been found running at large
or been otherwise alleged to be a vicious dog as defined herein;
b.
The owner or keeper of the said dog shall deliver their duly
executed affidavit to the City Clerk certifying that, irrespective
of the said dog's appearance, it has never exhibited the aggressive
behavioral traits associated with Pit Bull dogs and guaranteeing that
the said dog is of a docile nature.
2.
In the event that the City Clerk finds both of the criteria
set forth above are in the dog's favor, its license may be renewed
for another year.
[Ord. No. 11-2010 §§ 1
— 2, 12-21-2010; Ord. No. 02-2019, 5-21-2019]
It shall be unlawful for the owner or keeper of any dog to permit the same to run at large within the City of Greenfield at any time. Any dog found without the tag described in Section 205.020 or otherwise running at large shall be impounded.
[R.O. 2006 § 205.040.1; Ord. No.
02-2019, 5-21-2019[1]]
It shall be unlawful to own, keep or harbor a vicious dog in
the City of Greenfield.
[1]
Editor's Note: This ordinance also amended the title of this
Section which was formerly "Vicious Dogs Prohibited — Exceptions."
[Ord. No. 12-2010 §§ 1
— 2, 12-21-2010; Ord. No. 02-2019, 5-21-2019]
It shall be the duty of the Chief of Police, the City Police,
and any other person especially designated by the Board of Aldermen
and the Mayor for such purpose, to take up any dog without a valid
license tag or any dog running at large, and impound the same. In
effecting the capture of any such dog the Officers are authorized
and directed to use traps, nets, tranquilizer guns, or any other humane
method.
[Ord. No. 13-2010 §§ 1
— 2, 12-21-2010; Ord. No. 02-2019, 5-21-2019]
Every officer impounding a dog under this Chapter shall, within
twenty-four (24) hours after such impounding, enter upon a registry
open to the public and in plain public view at the City Hall of the
City a description of such dog, including breed, color and approximate
size, and the date apprehended and, if the owner or keeper is known,
the name and address of such owner or keeper; or the owner or keeper
shall be given actual notice of the impoundment of such dog before
disposition of such dog.
[R.O. 2006 § 205.080; Ord. No.
4-2004, 3-16-2004; Ord. No. 14-2010 §§ 1 — 2, 12-21-2010; Ord. No. 02-2019, 5-21-2019]
As a part of the process of recovering any dog impounded under
this Chapter, and in addition to any Court costs and fines which might
accrue as a consequence of any alleged ordinance violations, the Owner
or Keeper thereof may reclaim the same by paying to the City Clerk
or other official especially designated to receive the same, the sum
of ten dollars ($10.00) per day for the purpose of reimbursing the
City for its costs in feeding and caring for such dog, and keeping
it impounded. In addition, the owner must pay a dog recovery charge
in the amount of fifty dollars ($50.00). If the owner has previously
recovered the same dog from the City, the recovery charge shall be
one hundred dollars ($100.00).
[R.O. 2006 § 205.090; Ord. No.
15-2010 §§ 1 — 2, 12-21-2010; Ord. No. 02-2019, 5-21-2019]
It shall be the duty of any Officer impounding any dog under
this Chapter to keep the same impounded for a period often (10) days,
unless such dog shall be reclaimed by his/her owner under Section
205.70. If, after the expiration of ten (10) days from the date of
such impoundment, such dog has not been reclaimed, the same shall
be transferred to a new owner or disposed of in a humane manner. The
City assumes no liability to the owner of the dog after the expiration
of the ten-day impoundment period, in any event.
[Ord. No. 02-2019, 5-21-2019]
A.
In order to retrieve an impounded dog the owner thereof must, within
ten (10) days of the dog having been impounded, proceed in the following
fashion, to wit:
B.
Exception. Any dog alleged to have bitten or otherwise exposed another
person or animal to rabies shall not be released until such time as
the said dog can be definitively certified to be free of the rabies
virus. In such case the dog may be impounded longer than the ten (10)
days authorized by these Ordinances so long as the Owner/Keeper of
the said animal delivers a written notice to the City Clerk declaring
his or her intention to personally pay the dog's expenses for
such period as therein defined.
A.
Any person may acquire an unclaimed dog from the City impoundment
upon payment of a fee in the sum of five dollars ($5.00).
B.
If a person acquiring a dog from the City impoundment intends to keep the dog within the City, he or she shall immediately obtain a dog license and show proof that the dog has an effective rabies vaccination as required by Section 205.020. No person may acquire and keep a Pit Bull dog or vicious dog, as defined by Section 205.010, within the City.
[1]
Editor's Note: This ordinance also amended the title of this
Section, which was formerly "Acquiring a Dog or Cat."
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.
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.
Note — Under certain circumstances this offense
can be a felony under state law.
[R.O. 2006 § 205.170; Ord. No.
8-2002, 12-17-2002]
No person shall at any time keep, harbor or own at one (1) location
within the City more than a total of three (3) dogs and/or cats over
the age of six (6) months. This provision shall not apply to a lawfully
operated commercial kennel, animal hospital or the City pound.
Any person in physical possession and control of any animal
shall remove excreta or other solid waste deposited by the animal
in any public or private area not designated to receive such wastes
including, but not limited to, streets, sidewalks, parking lots, public
parks or recreation areas and private property. The provisions of
this Section shall not apply to a guide dog accompanying any blind
person.
Whenever rabies becomes prevalent in the City, the Mayor shall,
according to the necessity of the case, issue a quarantine order requiring
every owner or person in charge of any dog or dogs within the limits
of the City to either kill or impound his/her dog or dogs or to have
such dog or dogs immunized. Said order shall be published once in
the paper officially publishing the business of the City and, in the
absence of such paper, shall be posted as in case of sales of personal
property. The Mayor is authorized by proclamation to terminate any
such quarantine whenever, in his/her judgment, the necessity for it
no longer exists.
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.
[R.O. 2006 § 205.130; CC 1975 § 73.410]
It shall be unlawful for any person to molest, injure or disturb
any small birds or fowl of the nest, young or brood of any such birds
or fowl within the City.
[R.O. 2006 § 205.140]
A person commits the offense of allowing animals to run at large
if he/she fails to keep any animal of the species of cattle, hogs,
horses, mules, sheep, goats and all other domestic animals, also geese,
ducks, chickens, turkeys and all other domestic fowls including ratite
birds, or any exotic animal or any domesticated wild animal confined
within an enclosure provided by the owner of such domestic animal,
ratite bird, exotic animal or domesticated wild animal. Each day of
violation shall constitute a separate offense.
[Ord. No. 10-2008, 10-21-2008]
A.
No person shall own or keep a dog or any other animal which barks,
whines, howls, yelps or creates any other disturbance which is so
loud and continuous or untimely so as to disturb an individual who
is a neighbor and who does state in writing that he/she will so testify
under oath if called to testify about such matter.
1.
The term "untimely" as used in this Section shall mean between
the hours of 10:00 P.M. and 6:00 A.M.
2.
The term "neighbor" as used in this Section shall mean an individual
residing in a residential structure within one hundred (100) yards
of the property on which the dog or other animal is kept or harbored.
B.
Any animal which is the subject of a complaint and found off the premises of the owner may be impounded as provided in Section 205.050 et seq. of the Municipal Code.
C.
Any person violating the provisions of this Section shall be guilty
of an infraction and shall be punished by a fine of not more than
two hundred fifty dollars ($250.00). Every day a violation of this
Section shall occur or continue shall constitute a separate offense.
[R.O. 2006 § 205.150; Ord. No.
8-2002, 12-17-2002]
A.
It shall be unlawful for any person to keep any animal of the species
of cattle, hogs, horses, mules, sheep, goats and all other domestic
animals, also geese, ducks, chickens, turkeys and all other domestic
fowls including ratite birds or any exotic animal or any domesticated
wild animal in an enclosure or pasture, the exterior boundary of which
is within two hundred (200) feet of the dwelling house of another
or a church, school or place of business without the written permission
of the owner or occupant of such dwelling house, trustees of such
church or school or owner of such place of business.
B.
Subsection (A) of this Section shall not be applied retroactively to prohibit the keeping of livestock which is being lawfully kept within the City on the date that this Section is enacted. If ownership of the tract or parcel of land on which the livestock is being kept changes, Subsection (A) of this Section shall apply to that tract or parcel of land.
[R.O. 206 § 205.160; Ord. No. 8-2002, 12-17-2002]
A.
Livestock unlawfully kept in the City or found upon property not
owned or controlled by the livestock owner may be captured and impounded
by the Animal Control Officer. The owner of impounded animals shall
be liable for all reasonable charges for capturing and impounding
such animals, including all charges incidental thereto. The owner,
upon satisfactory proof of ownership, shall be entitled to redeem
the livestock upon payment of all charges and expenses.
B.
In the event animals impounded under the provisions of this Section
are not claimed by the owner or charges associated with the impoundment
are not paid within fifteen (15) days after notice of the date, description
of the animals and location of the capture has been posted in at least
three (3) public places in the City, the livestock may be sold at
a public sale and the cost of capturing, impounding and selling such
animals shall be paid into the City Treasury. Any proceeds of the
sale in excess of the cost to the City shall be refunded to the owner,
but if the owner cannot be determined shall be treated as unclaimed
property.
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.
No person may keep any lion, tiger, leopard, ocelot, jaguar,
cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena,
wolf, bear, non-human primate, coyote, any deadly, dangerous or poisonous
reptile, or any deadly or dangerous reptile over eight (8) feet long
in any place other than a properly maintained zoological park, circus,
scientific or educational institution, research laboratory, veterinary
hospital or animal refuge, unless such person has registered such
animals with the local law enforcement agency in the County in which
the animal is kept.
