[Ord. No. 1227, 4-1-2013]
As used in this Chapter, the following terms are defined below:
ANIMAL
Every non-human species of animal, both domestic and wild.
ANIMAL SHELTER
Any facility operated by a humane society, or municipal agency of it's authorized agents, for the purpose of impounding animals, under the authority of this Chapter or State Law for care, confinement, return to owner, adoption, or euthanasia.
ANIMAL-AT-LARGE
Any animal not under the restraint of a person capable of controlling the animal and/or off the premises of the owner.
AUCTION
Any place or facility where animals are regularly bought, sold, or traded, except for those facilities otherwise defined in this Chapter. This Section does not apply to individual sales of animals by owners.
CIRCUS
A commercial variety show featuring animal acts for public entertainment.
COMMERCIAL ANIMAL ESTABLISHMENTS
Any pet shop, grooming shop, guard dog, auction, riding school or stable, zoological park, circus, performing animal exhibition, or boarding or breeding kennel.
DANGEROUS DOG
[Ord. No. 1288, 7-15-2019]
1. 
A canine or canine crossbreed that has bitten, attacked, or inflicted injury on a companion animal that is a dog or killed a companion animal that is a dog. A canine or canine crossbreed is not a dangerous dog if, upon investigation, a Law Enforcement Officer or Animal Control Officer finds that:
a. 
No serious physical injury, as determined by a licensed veterinarian, has occurred to the dog as a result of the attack or bite;
b. 
Both animals are owned by the same person; or
c. 
Such attack occurred on the property of the attacking or biting dog's owner or custodian.
2. 
A canine or canine crossbreed that has bitten, attacked, or inflicted serious injury on a person. A canine or canine crossbreed is not a dangerous dog if, upon investigation, a Law Enforcement Officer or Animal Control Officer finds that the injury inflicted by the canine or canine crossbreed upon a person consists solely of a single nip or bite resulting only in a scratch, abrasion, or other minor injury. As used in this Subsection, "serious injury" means an injury having a reasonable potential to cause death or any injury other than a sprain or strain, including serious disfigurement, serious impairment of health, or serious impairment of bodily function and requiring significant medical attention.
3. 
No dog shall be found to be a dangerous dog as a result of biting, attacking, or inflicting injury on a dog while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. No dog shall be found to be a dangerous dog if the court determines, based on the totality of the evidence before it, or for other good cause, that the dog is not dangerous or a threat to the community.
4. 
Determination By Municipal Court.
a. 
Any Law Enforcement Officer or Animal Control Officer who has reason to believe that a canine or canine crossbreed is a dangerous dog may apply to the Municipal Court for the issuance of a summons requiring the owner or custodian, if known, to appear before the Court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. If a Law Enforcement Officer successfully makes an application for the issuance of a summons, he/she shall contact the local Animal Control Officer and inform him/her of the location of the dog and the relevant facts pertaining to his/her belief that the dog is dangerous. The Animal Control Officer shall confine the animal until such time as evidence shall be heard and a ruling rendered. If the Animal Control Officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he/she may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a ruling rendered. The Court, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the Court finds that the animal is a dangerous dog, the Court shall order the animal's owner to comply with the provisions of this Section. The Court, upon finding the animal to be a dangerous dog, may order the owner, custodian, or harborer thereof to pay restitution for actual damages to any person injured by the animal or whose companion animal was injured or killed by the animal.
b. 
The Court, in its discretion, may also order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animal is taken into custody until such time as the animal is disposed of or returned to the owner.
5. 
No canine or canine crossbreed shall be found to be a dangerous dog solely because it is a particular breed, nor is the ownership of a particular breed of canine or canine crossbreed prohibited.
6. 
No animal shall be found to be a dangerous dog if the threat, injury, or damage was sustained by a person who was: (a) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian; (b) committing, at the time, a willful trespass upon the premises occupied by the animal's owner or custodian; or (c) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous dog. No animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's or custodian's property, shall be found to be a dangerous dog.
ENCLOSURE
Any device erected to securely maintain a dog, cat or any other animal within the premises of the owner of the animal, including but not limited to fencing or electronic devices.
GROOMING SHOP
A grooming establishment where animals are bathed, clipped, plucked, or otherwise groomed.
GUARD DOG
Any dog that will detect and warn its handler that an intruder is present in/or near an area that is being secured.
HUMANE OFFICER or ANIMAL CONTROL OFFICER
Any person designated by the State of Missouri, a municipal government, or a humane society as a Law Enforcement Officer who is qualified to perform such duties under the laws of this State.
KENNEL or CATTERY
Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.
OWNER
Any person, partnership, or corporation owning, keeping, or harboring one (1) or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more, or if the owner is a minor, the term "owner" shall include the parent or legal guardian of such minor.
PERFORMING ANIMAL EXHIBITION
Any spectacle, display, act, or event, other than circuses, in which performing animals are used.
PET or COMPANION ANIMAL
Any animal kept for pleasure rather than utility; an animal of a species that has been bred and raised to live in or about the habitation of humans and is dependent on people for food and shelter.
PET SHOP
Any person, partnership, or corporation, whether operated separately or in connection with another business enterprise (except for a licensed kennel), that buys, sells, or boards any species of animal.
PUBLIC NUISANCE
Any animal or animals that unreasonably annoy humans, endangers the life or health of other animals or persons, or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance animal" shall mean and include, but is not limited to, any animal that:
1. 
Is found at large two (2) or more times;
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 repeated howling, barking, whining, 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;
6. 
Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
7. 
Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;
8. 
Is offensive or dangerous to the public health, safety, or welfare by virtue of the number and/or types of animals maintained;
9. 
Attacks other domestic animals, or;
10. 
Has been found by the Municipal Court, after notice to its owner and a hearing, to be a public nuisance animal by virtue of being a menace to the public health, welfare, or safety.
RESTRAINT
Any animal secured by a leash or within the real property limits of its owner pursuant to the appropriate restrictions.
RIDING SCHOOL OR STABLE
Any place that has available for hire, boarding, and/or riding instruction, any horse, pony, donkey, mule, or burro; or any place that regularly buys, sells, or trains the above animals, including a racetrack, trotting track, or rodeo.
SEVERE INJURY
Any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
VETERINARY HOSPITAL
Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.
WILD ANIMAL
Any living member of the animal kingdom, including those born or raised in captivity, except the following: human beings, domestic dogs (excluding hybrids with wolves, coyotes, or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodent, any hybrid animal that is part wild, and captive-bred species of common caged birds, and any animal for which the owner has previously obtained a permit from the State Department of Conservation.
ZOOLOGICAL PARK
Any facility operated by a person, partnership, corporation, or government agency, other than a pet shop or kennel, displaying or exhibiting one (1) or more species of non-domesticated animals.
[Ord. No. 1227, 4-1-2013]
A. 
The Chief of Police is designated Animal Control Supervisor and as such, shall have all the powers of the Humane Officer, and may perform the duties of the Humane Officer in his/her absence.
[Ord. No. 1286, 5-20-2019]
1. 
Upon written complaint, the Animal Control Supervisor and the Humane Officer, upon investigation, shall determine whether to declare an animal dangerous based upon the evidence obtained. When the Humane Officer and the Animal Control Supervisor have declared an animal to be dangerous, the owner of such animal shall immediately comply with Section 205.060(E), (F), G), (H) and (I) of this Chapter. The Animal Control Officer and Humane Officer also shall summons the owner of such animal to Municipal Court.
2. 
No dog may be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or has, in the past, been reported to have teased, tormented, abused or assaulted the dog or was committing or attempting to commit a crime.
3. 
The Humane Officer and the Animal Control Supervisor may declare an animal or holding facility a public nuisance. When an animal meets the definition of "public nuisance" as described in Section 205.010 of this Chapter, the Animal Control Supervisor and the Humane Officer, may revoke, suspend, or refuse to issue a license for such an animal. The owner of an animal that has been declared a public nuisance shall also be summoned to City Court for said animal violation.
[Ord. No. 1227, 4-1-2013]
A. 
Any person owning, keeping, harboring, or having custody of any animal over four (4) months of age within this municipality must obtain a license as herein provided. This provision may not apply to small cage birds or to aquatic and amphibian animals kept solely as pets.
B. 
Written application for licenses, which shall include name and address of applicant, description of the animal, and rabies certificate issued by a licensed veterinarian or anti-rabies clinic, shall be made to the Humane Office or other designated office.
C. 
If not revoked, licenses for keeping dogs and cats shall be for a period of one (1) year.
D. 
Application for a license must be made within thirty (30) days after obtaining a dog or cat over four (4) months of age; this requirement will not apply to a non-resident keeping a dog or cat within the municipality for no longer than sixty (60) days.
E. 
Dogs and cats must wear identification tags at all times when off the premises of the owners.
F. 
The licensing authority shall maintain a record of all dogs and cats licensed and shall make this record available to the public at all times.
G. 
No person may use any license for any animal other than the animal for which it was issued.
H. 
Upon passage of this proposed regulations, the maximum number of animals at any residence shall be four (4) dogs.
I. 
Upon passage of this proposed regulations, the maximum number of animals at any residence shall be four (4) cats.
J. 
At the passage of this Chapter, any owner having more than four (4) dogs or four (4) cats shall be limited to the number of dogs or cats they currently own. However, through attrition, death, transfer or any other means, the vacancy of any number of dogs and/or cats shall not be replaced before the total number of dogs or cats is less than the four (4) allowed in Section 205.030, Subsections (H) and (J).
[Ord. No. 1227, 4-1-2013]
A. 
No person, partnership or corporation shall operate a commercial animal establishment or animal shelter without first obtaining a permit in compliance with this Chapter.
B. 
The licensing authority shall promulgate regulations for the issuance of permits and shall include requirements for humane care of all animals and for compliance with the provisions of this Chapter and other applicable laws. The licensing authority may amend such regulations from time to time as deemed desirable for the public health and welfare and for the protection of animals.
C. 
When a permit applicant has shown the he/she is willing to comply with the regulations promulgated by the licensing authority, a permit shall be issued upon payment of the applicable fee.
D. 
The permit period shall being with the fiscal year and shall run for one (1) year. Renewal applications for permits shall be made thirty (30) days prior to, and up to sixty (60) days after, the start of the fiscal year. Application for a permit to establish a new commercial animal establishment under the provisions of this Chapter may be made at any time.
E. 
If there is a change in ownership of a commercial animal establishment, the new owner may have the current permit transferred to his/her name upon payment of a ten dollar ($10.00) transfer fee.
F. 
No person shall train any dog to be used as a guard or sentry dog without possessing a valid license. This Section shall not apply to the City Government or any of its agencies. The application for a guard or sentry training license shall state the name and address of the owner and trainer, location of the facility, and the maximum number of dogs to be housed at the training facility.
G. 
Annual permits shall be issued upon payment of the applicable fee (Under no circumstances shall any of the following be allowed in any R-1 or R-2 zoning district):
1. 
Kennel authorized to house fewer than ten (10) dogs or cats: fifty dollars ($50.00).
2. 
Kennel authorized to house ten (10) or more but fewer than fifty (50): one hundred dollars ($100.00).
3. 
Kennel authorized to house fifty (50) or more dogs and cats: one hundred fifty dollars ($150.00).
4. 
Pet shop: one hundred dollars ($100.00).
5. 
Riding stable: one hundred dollars ($100.00).
6. 
Auction: one hundred dollars ($100.00).
7. 
Zoological park: two hundred dollars ($200.00).
8. 
Circus: two hundred dollars ($200.00).
9. 
Grooming shop: fifty dollars ($50.00).
10. 
Guard-dog training center: two hundred dollars ($200.00).
H. 
Every facility regulated by this Chapter shall be considered a separate enterprise requiring and individual permit.
I. 
Persons operating kennels for the breeding of dogs or cats may elect to license such animals individually.
J. 
No fee may be required of any veterinary hospital, animal shelter, or government operated zoological park.
K. 
Failure to obtain a permit before opening any facility covered in this Section shall result in a fine of two hundred dollars ($200.00).
L. 
Any person who has a change in the category under which a permit was issued shall be subject to reclassification and readjustment of the permit fee.
[Ord. No. 1227, 4-1-2013]
A. 
After an application is filed, the licensing authority shall inspect the facility prior to issuing the permit. The licensing authority may revoke any permit or license if the person refuses or fails to comply with this Chapter, the regulations promulgated by the licensing authority or any law governing the protection and keeping the animals. Any person whose permit or license is revoked shall, within ten (10) days thereafter, humanely dispose of all animals owned, kept or harbored. No part of the permit or license fee shall be refunded.
B. 
It shall be a condition of the issuance of any permit/licensing authority shall be permitted to inspect all animals and premises where animals are kept at any time and shall, if permission for such inspection is refused, revoke the permit or license of the refusing owner.
C. 
If the applicant has withheld or falsified any information on the application, the licensing authority shall refuse to issue a permit or license.
D. 
No person who has been convicted or cruelty to animals shall be issued a permit or license to operate a commercial animal establishment.
E. 
Any person having been denied a license or permit may not reapply for a period of thirty (30) days. Each reapplication shall be accompanied by a ten-dollar ($10.00) fee.
[Ord. No. 1227, 4-1-2013]
A. 
All dogs and cats shall be kept under restraint.
B. 
No owner shall fail to exercise proper care and control of his/her animals to prevent them from becoming a public nuisance.
C. 
Every vicious animal, as determined by the licensing authority, shall be confined by the owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of the owner.
D. 
All dogs in excess of thirty (30) pounds shall be in an enclosure or in a house.
E. 
For restraint requirements for dangerous dogs, see Section 205.210.
F. 
If the owner or keeper of a dog that has been designated as dangerous is unwilling or unable to comply with the regulations in this Section and Section 205.210 for keeping such an animal, then he/she should have the animal humanely euthanized by an animal shelter, animal control agency or licensed veterinarian, after a fourteen-day holding period. Any dog that has been designated as dangerous under these laws may not be offered for adoption.
[Ord. No. 1227, 4-1-2013]
A. 
Unrestrained dogs and nuisance animals shall be taken by the Police, Animal Control Officer, or Humane Officer and impounded in an animal shelter and there confined in a humane matter.
B. 
Impounded dogs and cats shall be kept for not fewer than five (5) working days.
C. 
If, by a license tag or other means the owner of an impounded animal can be identified, the Animal Control Officer shall immediately, upon impoundment, notify the owner by telephone or certified mail.
D. 
Any owner reclaiming an impounded animal shall pay a fee of ten dollars ($10.00) and ten dollars ($10.00) for each day the animal has been impounded. Subsequent impounds occurring within twelve (12) months are charged double.
[Ord. No. 1322, 5-3-2022]
E. 
Any animal not reclaimed by its owner within five (5) working days, shall become the property of the local government authority or humane society and shall be placed for adoption in a suitable home or humanely euthanized by any method approved by the Missouri Department of Agriculture.
F. 
In addition to, or in lieu of, impounding an animal found at large, the Animal Control Supervisor, Humane Officer, or Police Officer may issue to the known owner of such animal, a notice of ordinance violation. Such notice shall impose upon the owner a penalty of twenty-five dollars ($25.00) that may at the discretion of the animal owner, be paid to any agency designated by the licensing authority within seventy-two (72) hours in full satisfaction of the assessed penalty. In the event that such penalty is not paid within the time period prescribed, a criminal warrant shall be initiated before Municipal Court and upon conviction of a violation of the ordinance; the owner shall be punished as provided for this Chapter.
G. 
The owner of an impounded animal may also be proceeded against for violation of this Chapter after notice a second offense.
H. 
The licensing authority shall automatically review all licenses issued to animal owners against whom three (3) or more ordinance violations have been assessed in a twelve-month period.
I. 
The Shelter Director shall keep complete and accurate records of the care, feeding, veterinary treatment and disposition of all animals impounded at the shelter.
J. 
Any dog involved in a fatal attack on a human being, or attack that results in severe injury to a human being, whether provoked or unprovoked, the animal shall be confiscated and after fourteen-day observation period, the dog shall be humanely euthanized.
[Ord. No. 1227, 4-1-2013]
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, including, but not limited to knowingly abandoning an animal in any place without making provisions for its adequate care which results in substantial harm to the animal.
B. 
All fines and penalties for a first conviction of animal neglect may be waived by the court, provided that the person found guilty of animal neglect shows that adequate, permanent remedies for the neglect have been made. Reasonable costs for the care and maintenance of neglected animals may not be waived.
[Ord. No. 1227, 4-1-2013]
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.
3. 
Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.
B. 
For purposes of this Section, "animal" shall be defined as a mammal.
C. 
The Municipal Judge may, upon conviction of animal abuse/neglect, prohibit the owner from owning a dog, cat or any animal while living within the City of Portageville.
[Ord. No. 1227, 4-1-2013]
A. 
It is unlawful for any person to:
1. 
Own, possess, keep, or train any dog, with the intent that such dog shall be engaged in an exhibition of fighting with another dog;
2. 
For amusement or gain, cause any dog to fight with another dog, or cause any dogs to injure each other; or
3. 
Permit any act as described in Subsection (A)(1) or (2) of this Section to be done on any premises under his/her charge or control, or aid or abet any such act.
B. 
Any person who is knowingly present, as a spectator, at any place, building, or structure where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in Subsection (A)(2) of this Section, with the intent to present at such exhibition, fighting, or injuring is guilty of an ordinance violation.
C. 
Nothing in this Section shall be construed to prohibit:
1. 
The use of dogs in the management of livestock by the owner of such livestock or his/her employees or agents or other persons in lawful custody of such livestock;
2. 
The use of dogs in hunting; or
3. 
The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law.
[Ord. No. 1227, 4-1-2013]
A. 
No person shall own, possess, or have custody, on his/her premises, of any wild or vicious animal for display, training, or exhibition purposes, whether gratuitously or for a fee. This Section shall not be construed to apply to AAZPA accredited facilities.
B. 
No person shall keep or permit to be kept, any wild animal as a pet, unless having previously obtained permit from the State Department of Conservation.
C. 
The licensing authority shall have the power to release or order the release of any infant wild animal under temporary permit that is deemed capable of survival.
[Ord. No. 1227, 4-1-2013]
A. 
No person may sponsor, promote, train a wild animal to participate in, contribute to the involvement of a wild animal in, or attend as a spectator any activity or event in which any wild animal in, or attend as a spectator any activity or event in which any wild animal is wrestled, fought, mentally or physically harassed, or displayed in such a way that the animal is abused or stressed mentally or physically or is induced or encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a matter that will cause or is likely to cause physical injury or suffering. This prohibition applies to events and activities taking place in either public or private facilities or property, and applies regardless of the purpose of the event or activities and irrespective of whether or not a fee is charged to spectators.
B. 
All equipment used on a performing animal shall fit properly and be in good working condition.
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.
[Ord. No. 1227, 4-1-2013]
The civil and criminal provisions of this Chapter shall be enforced by those persons or agencies designated by municipal authority. It shall be a violation of this Chapter to interfere with a Humane Officer or the Animal Control Supervisor in the performance of his/her duties.
[Ord. No. 1227, 4-1-2013]
Any person violating any provision of this chapter, except § 205.160, shall be deemed guilty of an ordinance violation and shall be punished by a fine or not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00) or imprisoned not more than ninety (90) days. If a violation continues, each day's violation shall be deemed a separate violation. If any person is found guilty by a court of violating Section 205.030, his/her permit to own, keep, harbor, or have custody of animals shall be deemed automatically revoked and no new permit may be issued.
[Ord. No. 1227, 4-1-2013]
A. 
It shall be unlawful for any person, firm, association, corporation, his/her its, or their agents or employees within the corporate limits of the City of Portageville, Missouri, to own, keep or use any stock yard, pen, place or premises in or upon which any number of hogs, swine, horses, mules, ponies, cattle, and or goats shall be kept or maintained.
B. 
Every person, firm, association, corporation or his/her, its or their agents or employees, who shall use or maintain any stock yard, pen, stable, shed or other structure, or any lot or other premises contrary to the provisions of this Section shall be deemed guilty of an ordinance violation, and shall be fined not less than one dollar ($1.00), nor more than one hundred dollars ($100.00), and every day any such pen, stock yard, stable, shed, or other structure, or any lot or other premises, shall be so used, shall be deemed a separate offense, punishable as in the first instance.
C. 
Provided, however, this Section shall not affect any person, firm or corporation who owns and maintains a hog pen, horses, mules, ponies, cattle and/or goats enclosure on a lot with a minimum are of one (1) acre per animal so confined, provided further, that any such person confining such animals in such enclosure must own both the land under enclosure and the animals so enclosed.
[Ord. No. 1227, 4-1-2013; Ord. No. 1326, 8-1-2022]
A. 
Whoever shall keep, harbor or maintain, upon any premises owned or occupied by him/her, any chickens, guineas, ducks, geese, turkeys or other domestic fowls, hereinafter referred to as "fowl," and permit the same to run at large upon the land, lot, garden or enclosure of another, to the damage or annoyance of such other person, shall be deemed guilty of an ordinance violation.
B. 
Fowl, may be kept pursuant to the following restrictions and requirements:
1. 
No person shall keep or maintain any fowl, within any enclosure that is within one hundred (100) feet of any residence or dwelling place other than that of the keeper thereof, and no more than ten (10) fowl shall be permitted for each twenty thousand (20,000) square feet.
2. 
Roosters shall not be kept within the City limits.
3. 
Fowl shall not be allowed to run at large and shall be restrained in a manner and by such means as will prevent the fowl from escaping, straying or running at large. Gates used to restrain fowl shall be kept closed with a chain and padlock to minimize vandalism. Any fowl found running at large or not kept as required by this Section shall be subject to impoundment provisions of Animal Control already established for other animals.
4. 
Every person keeping or maintaining fowl shall keep the barn, shed or pen in which the fowl are kept or maintained in a clean and sanitary condition so that the same shall not emit foul or disagreeable odors. The keepers shall not permit any concentration of fowl droppings and feathers to occur.
5. 
Permitting carcasses of fowl to remain exposed after five (5) hours following death is hereby declared a nuisance and is prohibited.
6. 
It shall be unlawful for any person to slaughter fowl in the City limits.
[Ord. No. 1227, 4-1-2013]
Upon the passage of Ord. No. 1227, the Animal Control Supervisor shall cause to be published in a local newspaper a notice notifying the citizens of Portageville of the licensing procedure prescribed in Section 205.190. Such notice shall be published once a month for three (3) months. Animal owners shall have ninety (90) days after the passage of Ord. No. 1227 to comply with the licensing requirements before they may be in violation of the licensing requirements of this Chapter.
[Ord. No. 1243, 8-3-2015]
A. 
Any person owning, harboring, or controlling a dog, shall always keep such animal from running at large by either:
1. 
Securely confining such animal within an adequate fence or enclosure, or within a house, garage, or other building; or
2. 
Accompanying the animal on a leash.
B. 
Definitions. As used in this Section, the following terms shall have the meanings indicated:
SECURE CONFINEMENT
Securing the dog in an area from which the dog cannot escape based on the size and breed of the dog, while providing for the humane care of the animal while in confinement. The specifications for "secure confinement" outdoors shall be as follows:
a. 
Any dogs confined within a fenced yard must have an adequate space for exercise based on a dimension of at least one hundred (100) square feet. Where dogs are kept or housed on property without a fenced yard, the owner of such dogs or persons having custody of such dogs shall provide an enclosure for such dogs of at least one hundred (100) square feet dimension. Such enclosure shall be constructed of chain link or other material that permits adequate ventilation, with all sides enclosed. The enclosure shall be of sufficient height to prevent the dog from escaping from such enclosure. The top of such enclosure shall be covered with materials to provide the dog with shade and protection from the elements. Dogs shall not be chained, tied, fastened or otherwise tethered to dog houses, trees, fences or other stationary objects as a means of confinement to property.
[Ord. No. 1288, 7-15-2019]
If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this Chapter.
[Ord. No. 1288, 7-15-2019]
A. 
The owner of any animal found to be a dangerous dog shall, within thirty (30) days of such finding, obtain a dangerous dog registration certificate from the local Animal Control Officer for a fee of one hundred fifty dollars ($150.00), in addition to other fees that may be authorized by law. The local Animal Control Officer shall also provide the owner with a uniformly designed tag that identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. By January 31 of each year, until such time as the dangerous dog is deceased, all certificates obtained pursuant to this Subsection shall be updated and renewed for a fee of fifty dollars ($50.00) and in the same manner as the initial certificate was obtained. Once an animal has been found to be a dangerous dog and the owner has complied with the licensing provisions of this Section, after three (3) years of the date the dangerous animal has been licensed pursuant to this Section and there have been no incidents regarding the dangerous dog in violation of this Chapter, the licensing provisions of this Section shall no longer apply. The Animal Control Officer shall keep all records relating to the Portageville Dangerous Dog Registry.
B. 
Requirements For Registration Or Renewal Of Certificate.
1. 
All dangerous dog registration certificates or renewals thereof required to be obtained under this Section shall only be issued to persons eighteen (18) years of age or older who present satisfactory evidence:
a. 
Of the animal's current rabies vaccination, if applicable;
b. 
That the animal has been neutered or spayed; and
c. 
That the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed.
2. 
In addition, owners who apply for certificates or renewals thereof under this Section shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that:
a. 
Their residence is and will continue to be posed with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property; and
b. 
The animal has been permanently identified by means of electronic implantation.
C. 
While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal.
D. 
The owner shall cause the local Animal Control Officer to be promptly notified of:
1. 
The names, addresses, and telephone numbers of all owners;
2. 
All of the means necessary to locate the owner and the dog at any time;
3. 
Any complaints or incidents of attack by the dog upon any person or dog;
4. 
Any claims made or lawsuits brought as a result of any attack;
5. 
Chip identification information; and
6. 
The death of the dog.
E. 
Notice To Animal Control Authority.
1. 
After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, cause the local animal control authority to be notified if the animal:
a. 
Is loose or unconfined;
b. 
Bites a person or attacks another animal; or
c. 
Is sold, is given away, or dies.
2. 
Any owner of a dangerous dog who relocates to a new address shall, within ten (10) days of relocating, provide written notice to the appropriate local animal control authority for the old address from which the animal has moved and the new address to which the animal has been moved.
[Ord. No. 1288, 7-15-2019]
A. 
Any owner of custodian of a canine or canine crossbreed or other animal is guilty of a code violation if:
1. 
The canine or canine crossbreed previously declared a dangerous dog pursuant to this Chapter, when such declaration arose out of a separate and distinct incident, attacks and injures or kills a dog that is a companion animal belonging to another person.
2. 
The canine or canine crossbreed previously declared a dangerous dog pursuant to this Chapter, when such declaration arose out of a separate and distinct incident, bites a human being or attacks a human being causing bodily injury; or
3. 
Serious Bodily Injury To A Person.
a. 
Any owner or custodian whose willful act or omission in the care, control, or containment of a canine, canine crossbreed, or other animal is so gross, wanton, and culpable as to show a reckless disregard for human life, and is the proximate cause of such dog and other animal attacking and causing serious bodily injury to any person.
b. 
The provisions of Subsection (A)(3) shall not apply to any animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's or custodian's property, or when the animal is a police dog that is engaged in the performance of its duties at the time of the attack.
B. 
The owner of any animal that has been found to be a dangerous dog who willfully fails to comply with the requirements of this Chapter is guilty of a code violation.
C. 
Whenever an owner or custodian of an animal found to be a dangerous dog is charged with a violation of this Chapter, the Animal Control Officer shall confine the dangerous dog until such time as evidence shall be heard and a ruling rendered. The Court, may compel the owner, custodian, or harborer of the animal to produce the animal.
D. 
Upon conviction, the Court may order the dangerous dog to be disposed of by a local governing body or grant the owner up to thirty (30) days to comply with the requirements of this Chapter, during which time the dangerous dog shall remain in the custody of the Animal Control Officer until compliance has been verified. If the owner fails to achieve compliance within the time specified by the Court, the court shall order the dangerous dog to be disposed of by the City. The court, in its discretion, may order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animal is taken into custody until such time that the animal is disposed of or returned to the owner.
E. 
All fees collected pursuant to this Section, less the costs incurred by the animal control authority in producing and distributing the certificates and tags required by this Chapter, shall be paid into the Health Fund of the City of Portageville.