City of Marshfield, MO
Webster County
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Table of Contents
Table of Contents
[R.O. 2014 §215.160; Ord. No. 737 §230.515, 5-25-1995]
Whenever used in this Article, the following terms shall be defined as follows:
DANGEROUS DOG
Any dog that:
1. 
Has a known propensity, tendency or disposition to attack when unprovoked, upon the streets, sidewalks or any public grounds or places or upon the property of another, to cause injury or otherwise endanger the safety of human beings or domestic animals, or approaches a person in a menacing fashion or apparent attitude of attack;
2. 
Bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on private or public property; or
3. 
Is owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
DOG
Any member of the species canis familiaris.
OWNER
Any person possessing, harboring, keeping or having control or custody of a dog or a City resident who has a financial interest in any dog.
SEVERE INJURY
Any physical injury which results in broken bones or lacerations requiring either multiple stitches or cosmetic surgery.
UNPROVOKED
Action by the dog not in response to being tormented, abused or assaulted by any person, or if the dog's action was not in response to pain or injury or to protect itself, its kennel or its offspring.
[R.O. 2014 §215.170; Ord. No. 737 §230.520, 5-25-1995]
A. 
No person shall knowingly sell, offer for sale, breed, buy or attempt to buy any dangerous dog within the City of Marshfield, Missouri. A dog deemed dangerous under the provisions of this Chapter shall not be sold or given away to any other resident of the City of Marshfield, Missouri.
B. 
No person shall knowingly own, harbor, sell or offer for sale any dog which is to be used for the purpose of dog fighting or to be trained, tormented, badgered, baited for the purpose of causing or encouraging the dog to attack human beings or domestic animals when not provoked, unless such dog has been exempted by the Mayor of the City of Marshfield, Missouri, as a dog used in and by law enforcement authorities.
[Ord. No. 1776 § 1, 8-24-2017]
A. 
The following breeds of dogs, including mixed breeds, are hereby deemed presumptively dangerous:
1. 
Pit Bulls. The term "pit bull" means any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog displaying the majority of physical traits of any one (1) or more of the above breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the above breeds. The A.K.C. and U.K.C. standards for the above breeds are on file in the office of the City Clerk.
B. 
The owner of any presumptively dangerous dog shall be allowed to keep such dog within the City only if the owner annually registers the dog with the City and receives a valid registration. Further, any person owning a presumptively dangerous dog who relocates his or her residence to the City shall, within thirty (30) days of relocation, register their presumptively dangerous dog and comply with all provisions of this Chapter regarding ownership of such animal. As a condition of registration of a presumptively dangerous dog, the owner shall at the time of application be at least eighteen (18) years of age and comply with or otherwise provide sufficient evidence that the owner is in compliance with all of the following regulations:
1. 
The owner of the presumptively dangerous dog shall provide proof of rabies vaccination and shall pay the annual presumptively dangerous dog fee of fifty dollars ($50.00).
2. 
The owner of the presumptively dangerous dog shall keep current the registration for such dog through annual renewal. Such registration is not transferable and shall be renewable only by the holder of the registration or by a member of the holder's immediate family. A dangerous dog registration tag will be issued to the owner at the time of issuance of the registration. Such registration tag shall be attached to the presumptively dangerous dog at all times by means of a collar or harness and shall not be attached to any other dog other than the presumptively dangerous dog for which the registration was issued. If the dangerous dog tag is lost or destroyed, a duplicate tag may be issued upon the payment of a two dollar ($2.00) fee.
3. 
The owner shall, at the owner's expense, have the presumptively dangerous dog spayed or neutered and shall present to the City Administrator or authorized representative documentary proof from a licensed veterinarian that this sterilization has been performed.
4. 
The owner of a presumptively dangerous dog shall keep the dog securely leashed at all times the dog is outside the owner's home, unless the dog is confined by a no-climb fence which is permanent in nature, six (6) feet in height, and otherwise sufficient to prevent its escape.
5. 
An owner of a presumptively dangerous dog shall notify the City Administrator or authorized representative within five (5) days in the event that the dog is lost, stolen, sold, given away or dies.
6. 
An owner of a presumptively dangerous dog shall have posted at each possible entrance to the owner's property where the dog is kept a conspicuous and clearly legible dangerous dog sign. Such sign must be at least eight (8) inches by ten (10) inches in rectangular dimensions and shall contain only the words "DANGEROUS DOG" in lettering not less than two (2) inches in height.
C. 
The Mayor or City Administrator shall order the immediate impoundment of any presumptively dangerous dog found in the City that does not have a valid and current registration. Upon the impoundment of any presumptively dangerous dog without a valid and current registration, the Mayor or City Administrator shall conduct a hearing to determine if the dog should be returned to the owner or forfeited. Such hearing shall be conducted not later than fourteen (14) days from the date of seizure and the Mayor or City Administrator shall provide written notice of such hearing either in person or by certified mail, return receipt requested, to the owner of the dog. In no event shall such hearing be conducted within five (5) days after such notice has been served or mailed to the owner of the dog. The owner of a presumptively dangerous dog without a valid and current registration shall be responsible for the expense of impoundment and/or forfeiture.
D. 
The Mayor or City Administrator may order the forfeiture of a presumptively dangerous dog who bites, inflicts injury, assaults, or otherwise attacks a human being when unprovoked.
E. 
If a presumptively dangerous dog is found to be off the premises of the owner and not under the responsible control of the owner or a member of his or her immediate family, then the owner of the dog and/or the owner or tenant of the home where the dog resides shall be guilty of an offense and shall, upon conviction therefore, be fined a sum of not more than five hundred dollars ($500.00) or by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment.
F. 
No more than one (1) presumptively dangerous dog shall be allowed per residence.
[Ord. No. 1782 § 1, 9-14-2017]
[R.O. 2014 §215.180; Ord. No. 737 §230.525, 5-25-1995]
Upon receipt of a written complaint by any person, the Mayor, City Administrator, City Animal Control Officer, or the Chief of Police of the City of Marshfield, Missouri, after reviewing the facts of the complaint, may conduct a hearing to determine if such dog is dangerous. Such a hearing shall be conducted within twenty-five (25) days of the receipt of the complaint or seizure of the dog, whichever is later. The City shall provide notice to the owner of the dog, either in person or by certified mail, return receipt requested, and to the complainant by regular mail, of the date, time and location of the hearing, and in no event shall the hearing be conducted less than six (6) days after such notice has been mailed to the owner of the dog. At such hearing, all interested persons shall be given the opportunity to present evidence on the issue of the dog's dangerousness. In the event the dog has caused injury to any person, the Mayor, City Administrator, City Animal Control Officer, or the Chief of Police may impound the dog with a licensed veterinarian at the owner's expense, pending the hearing and determination of the complaint. If the Mayor, City Administrator, City Animal Control Officer, or City Chief of Police cannot, with due diligence, locate the owner of the dog that has been seized pursuant to this Section, said dog shall be impounded for no fewer than three (3) days. If, after no fewer than three (3) days, no person appears to claim that he/she is the dog's owner, or is an authorized agent of the owner, the Mayor, City Administrator, City Animal Control Officer, or Chief of Police is hereby designated as an authorized agent of the owner and may cause said dog to be humanely destroyed.
[R.O. 2014 §215.190; Ord. No. 737 §230.530, 5-25-1995]
A. 
Upon conclusion of a hearing as set forth in the previous Section, and upon a determination that the dog is dangerous at said hearing, the Mayor, City Administrator, City Animal Control Officer, or Chief of Police of the City of Marshfield, Missouri, may order the owner of the dog to comply with one (1) or more of the following, or any combination thereof:
1. 
The owner of a dangerous dog may be ordered to register such dog with the Animal Control Department of the City of Marshfield, Missouri, the application for such registration shall contain the name and address of the owner, the breed, age, sex, color and other identifying marks of the dog, the location of where the dog is to be kept, if not at the address of the owner, such other information as may be required. The application for registration pursuant to this Subsection shall be accompanied by a registration fee of twenty-five dollars ($25.00). This fee shall not be effective until approved by a vote of the people. Each dog registered pursuant hereto shall be assigned an official registration number by the City of Marshfield, Missouri. Such registration number shall be inscribed on a metal tag which shall be attached to the dog's collar at all times. The tag and a certificate of registration shall be of such form and design and shall contain such information as the City Administrator shall prescribe and shall be issued to the owner upon payment of the registration fee and the presentment of sufficient evidence that the owner has complied with all orders as prescribed at the determination hearing.
2. 
Confinement. The Mayor or City Administrator may order the owners of a dangerous dog to confine the dog at all times either indoors, or if outdoors, in a proper enclosure for a dangerous dog which consists of a securely enclosed and locked pen or structure, suitable to prevent the entry of young children, or any part of their bodies, and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and prevent the dog from digging his/her way out through the bottom. The pen or structure shall also provide the dog with protection from the elements. The owner shall also conspicuously display signs designed with a warning approved by the Mayor or City Administrator which indicates to both children and adults the presence of a dangerous dog, on the pen or structure, and on or near the entrances to the residence where the dog is kept. At any time such dog is not on the premises occupied by the owner, then the dog shall be muzzled in such a manner as to prevent it from biting or injuring any person, and kept on a leash not longer than six (6) feet with the owner or some other responsible person attending such dog, or confined in a location or facility approved by the Mayor or City Administrator. The operator or owner of such approved location or facility shall be informed by the owner of the status of the dog as a dangerous dog and any restrictions on the use, movement and boarding of the dog.
3. 
Liability insurance. The Mayor or City Administrator may order the owner of a dangerous dog which has caused a severe injury to any person to maintain, in full force and effect, a liability insurance policy in the amount of one hundred thousand dollars ($100,000.00) for coverage against personal injury or death of any person, resulting from an attack from such dangerous dog, or to provide such proof of financial responsibility for personal injury or death of any person resulting from an attack from such dangerous dog as the Mayor or City Administrator shall deem satisfactory and acceptable. Such proof of financial responsibility may include, but is not limited to, a bond or pledge of property.
4. 
Spaying or neutering. The Mayor or City Administrator may order the owner of the dangerous dog to arrange for the alteration of its reproductive capacity through spaying or neutering of such dangerous dog. Such alteration shall be at the owner's expense.
5. 
Humane destruction. The Mayor or the City Administrator may order the humane destruction of any dog which has been found to have killed or caused severe injury to any person or other domestic animal.
[R.O. 2014 §215.200; Ord. No. 737 §230.535, 5-25-1995]
In the event the owner of a dangerous dog is a minor, the parent or guardian of such minor shall be liable for all injuries and property damage sustained by any person or domestic animal caused by an unapproved attack by such dangerous dog.
[R.O. 2014 §215.210; Ord. No. 737 §230.540, 5-25-1995]
A. 
In the event that the owner of a dangerous dog violates any order of the Mayor or City Administrator as provided at the determination hearing, such dangerous dog may be seized and impounded by the City Animal Control Officer or any City Policeman upon the order of the Mayor or City Administrator. In addition, any dog shall be immediately seized by the Animal Control Officer, or any member of the Marshfield Police Department, if the dog bites or attacks a person or other domestic animal at the sufferance of its owner, or is engaged in or apparently engaged in a dog fight.
B. 
In the event that a previously declared dangerous dog has been seized by the City of Marshfield, either by order of the Mayor or City Administrator, or after such dog bites or attacks a person, the Mayor or City Administrator shall conduct a hearing to determine if the dog should be returned to the owner or forfeited. Such hearing shall be conducted no sooner than eight (8) days from the date of seizure, and the Mayor or City Administrator shall provide written notice of such hearing either in person or by certified mail, return receipt requested, to the owner of the dog. In no event shall such hearing be conducted within five (5) days after such notice has been mailed to the owner of the dog.
C. 
After such hearing has been conducted, the Mayor or City Administrator may either order that the dog be returned to the owner, or declare that the dog has been forfeited. In addition, the owner shall be subject to any penalties prescribed in the Marshfield Municipal Code.
[R.O. 2014 §215.220; Ord. No. 737 §230.545, 5-25-1995]
No dog shall be declared dangerous pursuant to any Section of this Chapter if the threat, injury or damage caused by such dog was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing or assaulting the dog, or has in the past been observed or reported to have tormented, abused or assaulted the dog, or was committing or attempting to commit a crime. Nor shall any dog be declared dangerous if it was responding to pain or injury, or was protecting itself, its kennel or its offspring.
[R.O. 2014 §215.230; Ord. No. 737 §230.550, 5-25-1995]
A. 
The City Animal Control Officer and/or any member of the Marshfield Police Department, and other persons designated by the Mayor or City Administrator shall be empowered to enforce the provisions of this Article, or any rule or regulation promulgated hereunder.
B. 
Persons authorized to enforce the provisions of this Article, or any rule or regulation promulgated hereunder shall have the authority to seek and execute search and seizure warrants as is determined necessary.
[R.O. 2014 §215.240; Ord. No. 737 §230.555, 5-25-1995]
The provisions of this Article shall not apply to any Federal, State or City Law Enforcement Agency or dog specifically exempted by order of the Mayor or City Administrator because of said dog's work in law enforcement.
[R.O. 2014 §215.250; Ord. No. 737 §230.560, 5-25-1995]
If any provision of this Article is adjudged invalid by any court of competent jurisdiction, such judgment shall not affect or impair the validity of the remainder of the Article.
[R.O. 2014 §215.260; Ord. No. 737 §230.565, 5-25-1995]
Any person who violates any provisions of this Article shall be guilty of an offense and shall, upon conviction therefore, be deemed guilty of a misdemeanor and be fined a sum of not more than five hundred dollars ($500.00) or by imprisonment not to exceed ninety (90) days or by both such fine and imprisonment.