[R.O. 2004 § 205.150; CC 1978 § 78.010; Ord. No. 508 §§ 1 — 2, 6-18-1991; Ord. No. 788 § 1, 6-22-2006; Ord. No. 953, 12-18-2012]
A.
It shall be unlawful within the City of Lake Lotawana, Missouri,
for any person to own or allow to be upon any premises occupied by
him/her or under his/her control any animal of a dangerous, vicious
or ferocious disposition without such animal being confined to and
within the property lines of the premises of such person behind a
fence or within an enclosure from which it cannot escape or securely
fastened to a chain limiting the movements of such animal to an area
ten (10) feet within the property lines of the premises of such person.
It shall also be unlawful for any person to allow such animal to run
at large, either upon the premises of the owner or occupant or at
any other place.
B.
Definitions And Determinations.
1.
For purposes of this Section, an "animal of a dangerous, vicious
or ferocious disposition" means any animal, except one assisting a
Peace Officer in law enforcement duties, which demonstrates any of
the following behavior:
a.
An attack which requires a defensive action by any person to
prevent bodily injury or property damage when such person is conducting
himself/herself peacefully and lawfully.
b.
An attack which results in property damage or in an injury to
a person when such a person is conducting himself/herself peacefully
and lawfully.
c.
An attack on another animal, livestock, or poultry which occurs
on property other than that of the owner of the attacking animal.
d.
Any behavior which constitutes a threat of bodily harm to a
person when such person is conducting himself/herself peacefully and
lawfully.
e.
Any animal, 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.
f.
Any pit bull dog.
2.
For the purpose of this Section, a person is conducting himself/herself
peacefully and lawfully upon the private property of an owner of the
animal when he/she is on such property in the performance of any duty
imposed on such person by Federal, State or local law or the postal
regulations of the United States, or when he/she is on such property
upon invitation, either expressed or implied.
3.
Evidence that may be considered by the City may include, but
is not necessarily limited to, testimony of persons who have witnessed
the actual behavior of said animal; past incidents involving said
animal; size of animal; the conditions in which the animal is kept;
and the breed of the animal.
4.
In making a determination as to whether an animal is dangerous,
elements that may be considered by a City Official, but are not required
to be, are provocation, location of the event, reason for the attack,
whether the animal is acting protectively, whether the animal was
tormented or abused, the seriousness of the attack and previous attacks.
C.
Persons required to confine and control animals of dangerous, vicious
or ferocious disposition shall post a conspicuous notice at the place
of confinement of such animal as to warn the public of the nature
of the animal so confined.
D.
If the City shall be notified of an animal of a dangerous, vicious
or ferocious disposition and upon investigation shall find such an
animal not within a fully enclosed or fenced area from which it cannot
escape, or not on a leash or tether of sufficient strength to confine
the animal to the yard or premises of the owner, or running at large
at any other place, the animal shall be captured and impounded or
killed. Identification of the animal as the subject of the notification
shall be made as is practical under the circumstances. Before killing
said animal, the City shall first determine, with advice of the City,
as practical under the circumstances, if capture or impoundment of
the animal is reasonable. If capture and impoundment of the animal
is reasonable, the animal shall be captured and impounded pending
resolution of the matter in Municipal Court. If capture of the animal
is determined to be unreasonable, the City shall have full authority
to kill the animal. However, the City shall not put anyone in any
position of danger of being attacked. If the City shall determine
the animal to be of dangerous, vicious, or ferocious disposition and
shall find such animal to be fastened to a leash or tether that permits
the animal to come within ten (10) feet of the property lines of the
premises, the animal shall be captured and impounded pending resolution
of the matter in Municipal Court. Identification of the animal as
one of dangerous, vicious or ferocious disposition shall include an
independent appraisal of the disposition of the animal by the City
as practical under the circumstances. This Section shall also apply
to any such animal found to be running at large within the City.
E.
Persons aggrieved or threatened by an animal of a dangerous, vicious
or ferocious disposition may file a written complaint with the City
for filing of ordinance violation in the Municipal Court. The City
may:
1.
Issue an order to appropriate City personnel requiring that
the animal be captured and impounded if reasonable, pending resolution
of the matter in Municipal Court, or killed if capture is unreasonable;
if said animal is found not confined to and within the property lines
of the premises of the owner behind a fence or within an enclosure
from which it cannot escape, or not securely fastened to a chain which
permits the animal to come within ten (10) feet of the property lines
of the premises, the animal shall be captured and impounded but not
killed; or if the animal is found to be running at large.
2.
Refer the matter to the Municipal Court by complaint procedures
for filing of municipal ordinance violation.
[R.O. 2004 § 205.160; CC 1978 § 78.030; Ord. No. 508 §§ 1 — 2, 6-18-1991; Ord. No. 632 §§ 1 — 2, 7-18-2000]
A.
The owner of any dog or other animal which bites any person, regardless of the circumstances, or irrespective of whether such dog or other animal is vaccinated and registered, shall turn over same to the City, who shall have the authority to have the animal confined to prevent contact with people and other animals for a period of ten (10) days for the purpose of clinical observation. If such dog or other animal develops clinical symptoms suggestive of rabies, it shall be allowed to die a natural death, or, if for any reason the dog or other animal should die while in confinement, its head shall be removed by a veterinarian and submitted to a qualified laboratory and all expenses for confinement and veterinarian fee shall be borne by the owner of the dog or other animal. If at the end of such ten-day period such dog or other domestic animal is alive and healthy, its owner may secure its release, if all provisions of Article I of this Chapter have been met.
B.
If a dog or other animal bite occurs, and the owner of the animal
causing the bite, or any member of their immediate family, is the
only victim of said bite, and dog is properly licensed and has rabies
vaccination verified, and it is acceptable to all parties involved,
impoundment at a kennel of the animal will not be required. However,
the animal must be confined for ten (10) days in the owner's home
or in a cage on the owner's property. This Subsection does not, however,
supersede the authority of the City, if the City feels impoundment
is still warranted.
C.
If a dog or other animal bites any person, regardless of circumstances,
and the owner of such animal cannot be located, the City shall have
the dog or other animal confined as stated above. The cost shall be
borne by the City for the ten-day period. If, at the end of such ten-day
period, such dog or other animal is still unclaimed, disposition,
including destruction, will be at the discretion of the owner of the
facility where the animal was confined, and the costs shall be borne
by the City.
A.
The City may seek a warrant from the appropriate court to enable
the designated officer to enter private property in order to inspect,
care for, or impound neglected or abused animals. All requests for
such warrants shall be accompanied by an affidavit stating the probable
cause to believe a violation of Sections 578.005 to 578.023, RSMo.,
has occurred. A person acting under the authority of a warrant shall:
1.
Be given a disposition hearing before the court through which
the warrant was issued, within thirty (30) days of the filing of the
request for the purpose of granting immediate disposition of the animals
impounded;
2.
Place impounded animals in the care or custody of a veterinarian,
the appropriate animal control authority, or an animal shelter. If
no appropriate veterinarian, animal control authority, or animal shelter
is available, the animal shall not be impounded unless it is diseased
or disabled beyond recovery for any useful purpose;
3.
Humanely kill any animal impounded if it is determined by a
licensed veterinarian that the animal is diseased or disabled beyond
recovery for any useful purpose;
4.
Not be liable for any necessary damage to property while acting
under such warrant.
B.
The owner or custodian or any person claiming an interest in any
animal that has been impounded because of neglect or abuse may prevent
disposition of the animal by posting bond or security in an amount
sufficient to provide for the animal's care and keeping for at least
thirty (30) days, inclusive of the date on which the animal was taken
into custody. Notwithstanding the fact that bond may be posted pursuant
to this Subsection, the authority having custody of the animal may
humanely dispose of the animal at the end of the time for which expenses
are covered by the bond or security, unless there is a court order
prohibiting such disposition. Such order shall provide for a bond
or other security in the amount necessary to protect the authority
having custody of the animal from any cost of the care, keeping or
disposal of the animal. The authority taking custody of an animal
shall give notice of the provisions of this Section by posting a copy
of this Section at the place where the animal was taken into custody
or by delivering it to a person residing on the property.
C.
The owner or custodian of any animal humanely killed pursuant to
this Section shall not be entitled to recover any damages related
to nor the actual value of the animal if the animal was found by a
licensed veterinarian to be diseased or disabled, or if the owner
or custodian failed to post bond or security for the care, keeping
and disposition of the animal after being notified of impoundment.
[R.O. 2004 § 205.180; CC 1978 § 78.050; Ord. No. 508 §§ 1 — 2, 6-18-1991; Ord. No. 788 § 1, 6-22-2006]
A.
In case of a conviction in Municipal Court for violation of this
Article, the court shall fine the owner of a dangerous, vicious or
ferocious animal the following:
[Ord. No. 17-02, 3-7-2017]
B.
In addition to said fines, the Municipal Judge may sentence the owner
to jail for a term not to exceed ninety (90) days.
C.
Upon a third conviction under this Article, in addition to said fines,
the Municipal Judge may order the destruction or disposition of the
subject animal. If the owner of the subject animal shall refuse, the
Municipal Judge may hold the owner in contempt of court.
D.
Any case filed under this Section shall go to the top of the docket
in the Municipal Court and shall have the priority over other matters.
