[R.O. 2001 § 210.010; Ord. No.
819 § 73.010, 6-5-1997; Ord. No. 914 §§ 1 —
2, 6-7-2007; Ord. No.
932 § 1, 8-7-2008; Ord. No. 1062 § 1, 7-7-2016]
A.
Definitions. For the purposes of
this Section, the following words and phrases shall have the meanings
respectively ascribed to them in this Subsection:
ANIMAL CONTROL OFFICER
Any person designated by the Board of Aldermen to enforce
the provisions of this Chapter.
OWNER
Any person owning, keeping or harboring an animal.
PIT BULL DOG
1.
Staffordshire Bull Terrier breed of dog;
2.
American Pit Bull Terrier breed of dog;
3.
American Staffordshire Terrier breed of dog;
4.
Any mixed breed of dog, which contains as an element of its
breeding, the breed of Staffordshire Bull Terrier, American Staffordshire
Terrier, or American Pit Bull Terrier as to be identifiable as partially
of the breed of Staffordshire Bull Terrier, American Staffordshire
Terrier, or American Pit Bull Terrier.
5.
Any dog which has the appearance and characteristics of being
predominantly of the breeds of Staffordshire Bull Terrier, American
Pit Bull Terrier, American Staffordshire Terrier; and other breeds
commonly known as "pit bulls," "pit bull dogs," or "pit bull terriers,"
or a combination of any of these breeds.
PUBLIC NUISANCE ANIMAL
Any animal that unreasonably annoys humans, endangers the
life or health of other animals or persons, or substantially interferes
with the rights of persons, other than its owner, to enjoyment of
life or property. The term "public nuisance animal" shall include,
but not be limited to, an animal that:
1.
Is repeatedly found at large;
2.
Damages the property of anyone other than its owners;
3.
Molests or intimidates pedestrians or passersby;
5.
Excessively makes disturbing noises, including, but not limited
to, continued barking, howling or other utterances causing unreasonable
annoyance, disturbance or discomfort to neighbors or others in close
proximity to the premises where the animal is kept or harbored; or
6.
Attacks other domestic animals.
VICIOUS DOG
Any of the following dogs:
1.
Any dog, whether or not running at large, and whether or not
unrestrained, that without provocation has bitten any person not a
trespasser causing serious physical injury to that person.
2.
Any unrestrained dog, whether or not running at large, that
without provocation has attempted to bite any person not a trespasser
which would cause serious physical injury to that person.
3.
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.
4.
Any dog that has killed another dog, cat or other domestic animal
without provocation.
B. Licensing.
1.
No person shall own, keep or harbor any dog within the City
limits unless such dog is licensed as herein provided. Application
for a license shall be made to the City Clerk and shall state the
name, address and telephone number, if any, of the owner and the name,
breed, color and sex of the dog. The license fee shall be paid to
the City Clerk at the time of making the application. The City Clerk
shall issue a receipt and a numbered metallic tag for each dog licensed,
shall maintain for three (3) years two (2) records of such receipts
and tags, one (1) arranged alphabetically by name of the dog owner
and the other arranged numerically by tag numbers. Such records shall
be open to public inspection at all business hours.
2.
The yearly license fee shall be three dollars ($3.00) for each
dog.
3.
All dog licenses shall be issued for one (1) year beginning
with July 1. The owner may apply for the license during July without
penalty for the delay but when an application which should have been
made by July 1 is not made until after July 31, the appropriate license
fee shall be increased by fifty percent (50%), provided that if the
applicant becomes the owner of the dog after July 1, the owner shall
apply for a license within thirty (30) days of the date the said applicant
became the owner.
4.
Lost tags shall be replaced upon payment of seventy-five cents
($0.75).
C. Dogs To Wear Collar And Tag. Each person owning or keeping a dog
shall put and keep on the neck of the dog a collar of leather or metal
to which shall be attached the metallic registration tag.
D. Tag Not To Be Removed. No person shall remove from any dog, without
the consent of the owner or keeper, the collar, tag or other evidence
of the registration of such dog.
E. Notice Of Registration Date. The City Clerk shall publish in a newspaper
published within the City limits of the City of Memphis, thirty (30)
days before July 1 of each year, notifying dog owners and keepers
of the registration date and requirements.
F. Vaccination. No person shall own, keep or harbor any dog unless it
shall have been vaccinated by a licensed veterinary surgeon with anti-rabies
vaccine within one (1) year preceding the date on which such dog is
owned, kept or harbored, excepting that if the dog is vaccinated by
a two-year serum, then the time shall be extended from one (1) to
two (2) years. Evidence of vaccination shall be presented before a
license shall be issued by the City Clerk.
G. Restraint. It shall be unlawful for a dog owner to fail to keep his/her
dog under restraint at all times.
H. Dog Running At Large. No person owning, possessing or controlling
a dog shall permit it to run at large.
I. Mayor May Order All Dogs Muzzled. When in the opinion of the Mayor
the public interest requires it, he/she may issue a proclamation ordering
all dog owners and keepers to muzzle such dogs or keep them tied up
during the time specified by the proclamation. Any dog found running
at large and not muzzled during the time specified in said proclamation
shall be impounded by the Police or the Animal Control Officer.
J. Impoundment. Dogs not under restraint or abandoned or running at
large shall be picked up and impounded by the City Marshal or the
Animal Control Officer, if such officer has been appointed by the
Board of Aldermen. Impoundment shall be in any animal shelter designated
by the Board of Aldermen, provided that such shelter is built and
equipped to care for the animals in a humane manner.
K. Procedure For Redeeming Or Transporting To A Humane Shelter Or Destruction
If Not Redeemed.
1.
If the dog wears a license tag or if the owner can be identified
and located by any other reasonable means, the owner shall be notified
by the City Marshal or Animal Control Officer as soon as possible
that the dog has been impounded.
2.
If the dog impounded shall not have been licensed and vaccinated
as hereinafter provided and the owner thereof cannot show proof of
licensing and vaccination, the owner shall, within two (2) business
days of redeeming said dog, have the dog vaccinated and purchase a
City license for said dog.
3.
If a dog is not redeemed by the owner within seven (7) business
days after impoundment, the dog may be transported by the City or
an authorized agent to a humane shelter within forty-eight (48) hours
thereof for disposition under the policies of said shelter, should
it be willing to accept said dog from the City. Should an authorized
agent provide the transportation of the dog to a humane shelter, the
agent shall provide prompt written verification to the City of the
delivery to and acceptance of the dog by the shelter. If a dog is
not transported and accepted by a humane shelter under the terms of
this Subsection, the dog shall be disposed of by destroying said animal
using a humane method.
4.
An owner redeeming a dog from impoundment shall pay, before
release, an impoundment fee of twenty-five dollars ($25.00) plus a
fee of ten dollars ($10.00) per day for the maintenance of said animal
for each twenty-four (24) hours or fraction thereof that the dog has
been impounded. Such fees shall be delivered by the person collecting
the same to the City Treasurer for deposit to the General Fund of
the City. These fees shall be collected upon redemption of dog at
the animal shelter.
L. Failure To Redeem — Penalty. Whenever a dog shall be impounded
and shall not be redeemed by the owner, and the owner can be identified,
such owner shall be deemed guilty of an ordinance violation and shall
be subject to a fine of not less than fifteen dollars ($15.00) nor
more than thirty-five dollars ($35.00), together with the costs of
any action and maintaining and destroying such animal.
M. Enforcement.
1.
The Animal Control Officer, Police Officers and the City Marshal
of the City of Memphis are hereby granted the authority to take all
steps necessary to capture dogs running at large in the City of Memphis,
Missouri, for the purpose of impoundment and, if such dogs cannot
be captured, using all reasonable means by which to do so at their
disposal, the Animal Control Officer, Police Officers and the City
Marshal of the City of Memphis, Missouri, are hereby given the authority
to kill dogs running at large.
2.
The intent of this Section is to completely eliminate the problem
of dogs running at large in the City of Memphis when dogs running
at large cannot be captured for impoundment and when the owner of
such dogs cannot be ascertained and such dogs are not under the immediate
and effective control of a responsible person or on the property of
their respective owners.
N. Violation of this Section shall not require any particular state
of mind on the part of the defendant, it being the intent to make
all such violations strict liability offenses.
O. It shall be unlawful for the owner or any person in the possession
or control of a dog to fail to exercise the proper care and control
of his/her animal so as to prevent such animal from becoming a public
nuisance animal.
[R.O. 2001 § 210.020; Ord. No.
948 § 1, 3-5-2009; Ord. No. 1062 § 2, 7-7-2016]
A. It shall be unlawful to knowingly own, keep, or harbor a vicious
dog in the City of Memphis except in accordance with the following
provisions:
1.
Leash And Muzzle. No person shall permit a vicious dog to go
outside its kennel or pen unless such dog is securely leashed with
a leash no longer than four (4) feet in length. No person shall permit
a vicious dog to be kept on a chain, rope or other type of leash outside
its kennel or pen unless a person is in physical control of the leash.
Such dogs may not be leashed to inanimate objects such as trees, posts
or buildings. In addition, all vicious dogs on a leash outside its
kennel or pen must be muzzled by a muzzling device sufficient to prevent
such dog from biting persons or other animals.
2.
Confinement Outdoors. All vicious dogs shall be securely confined
indoors or in a securely enclosed and locked pen or kennel, except
when leashed and muzzled as above provided. Such pen, kennel or structure
must have secure sides and a secure top attached to the sides. All
structures used to confine vicious dogs must be locked with a key
or combination lock when such dogs are within the structure. Said
structure must have a secure bottom or floor attached to the sides
of the pen or the sides of the pen must be imbedded in the ground
no less than two (2) feet. Also such structures must be adequately
lighted and ventilated and kept in a clean and sanitary condition.
3.
Confinement Indoors. No vicious dog may be kept on a porch,
patio, or 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 obstacle preventing the
dog from exiting the structure.
4.
Signs. All owners, keepers, or harborers of vicious dogs within
the City shall display in a prominent place on their premises a sign
easily readable by the public using the words "Beware of Dog." In
addition, a similar sign is required to be posted on the kennel or
pen of such dog.
5.
Insurance. All owners, keepers, or harborers of vicious dogs
must provide proof to the City of public liability insurance in a
single incident amount of one hundred thousand dollars ($100,000.00)
for bodily injury to or death of any person or for damage to property
owned by any person, which may result from the ownership, keeping,
or maintenance of such animal. Such insurance policy shall provide
that no cancellation of the policy will be made unless ten (10) days'
written notice is first given to the City. Any person found to be
the owner, keeper, or harborer of a vicious dog that does not have
insurance on the same, and is found guilty in municipal court or any
other court of this violation, must permanently remove the animal
from the City.
6.
Certification. The owner of a pit bull dog who can show proof of current certification for said pit bull dog from the American Kennel Club Canine Good Citizen (AKC CGC) Program to the Memphis Police Department will be exempted for so long as the AKC CGC Certification remains valid from the requirements of Subsections
(A)(2) and
(A)(5) of this Section.
7.
Presumptions. There shall be a presumption that any dog registered
with the City as a pit bull dog, or any of those breeds that are restricted
under the definition of "pit bull dog," is in fact a dog subject to
the requirements of this Section. When a Law Enforcement Officer,
or his/her designee, determines that an animal is to be classified
as a vicious dog by virtue of being a pit bull dog, and the owner
disputes said classification, it shall be the owner's responsibility
to provide positive proof by documentation or other means to the Law
Enforcement Officer, or his/her designee, that the animal is not a
pit bull dog, as defined herein. If, notwithstanding such proof, the
Law Enforcement Officer, or his/her designee, continues to determine
that the animal is a pit bull dog, the owner may contest said determination
by purchasing a genetic test from the City of Memphis. The owner will
be required to pay a genetic testing fee prior to such testing. The
owner will need to bring the dog to the Police Department or provide
access for law enforcement to obtain a genetic testing sample from
the dog. The sample will be sent to an approved lab and the genetic
testing results provided to the dog owner. If the dog has any of the
breeds in its lineage that are defined as pit bull dogs, it is a pit
bull dog. Should such testing determine the dog is not a pit bull
dog, the owner shall be entitled to a refund by the City of the genetic
testing fee paid.
8.
When a dog is determined to be a "vicious dog" pursuant to Section
205.010, with the exception of Subsection
(5) of the "vicious dog" definition thereof, the City shall petition the court to have the Associate Circuit Judge make a determination on whether or not the dog should be disposed of in order to promote public safety. Costs for disposal of such animal shall be borne by the City.