City of Memphis, MO Article I Dogs

Section 205.010 Dog Regulations.

[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.

DOG

A dog of either sex.

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;

4. Chases vehicles;

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.

5. Any pit bull dog.

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.

Section 205.020 Vicious Dogs Prohibited; Exceptions.

[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.