[CC 2012 § 26.010; Ord. No. 240]
As used in this Chapter, the following terms mean:
Any premises designated by City administrative authority
for the purpose of impounding and caring for animals held under authority
of this Chapter.
Any living creature, domestic or wild.
Off the premises of the owner and not under the control of
the owner or a member of his/her immediate family, either by leash
or otherwise.
A non-resident variety show which features animal acts.
Any person designated by the Humane Society as a Law Enforcement
Officer and who qualifies to perform such duties under the laws of
the State of Missouri.
Any person, partnership, or corporation engaged in the business
of breeding, buying, selling or boarding dogs and cats or engaged
in the training of dogs for guard or sentry purposes.
Any person, firm, partnership or corporation owning, keeping
or harboring animals.
An individual, firm, partnership, company or corporation.
Any person, partnership or corporation engaged in the business
of breeding, buying, selling or boarding animals of any species.
An animal shall be deemed to be under restraint if on the
premises of its owner or if accompanied by a responsible person and
under that person's control.
Any exhibition or act featuring performing animals.
Any establishment maintained and operated by a licensed veterinarian
for the boarding of animals or the diagnosis and treatment of diseases
and injuries of animals.
Any park or zoo operated by a person or private corporation.
[CC 2012 § 26.020; Ord. No. 240]
No person shall own, keep, harbor or have custody of any animal over three (3) months of age within the City without first obtaining a license therefor, in writing, from the City Clerk. This Section shall not apply to the keeping of small cage-birds or aquatic and amphibian animals solely as pets. It shall be the duty of each owner of any animal to obtain a license and to pay the license fee imposed in Section 205.030 to the City Clerk on or before the first day of July in each year, or upon acquiring ownership or possession of any unlicensed animal or upon establishing residence in the City. The Clerk shall cause a notice of the necessity of paying such license fee to be printed in the official newspaper one time before the first day of July in each year. Licenses shall expire on the first day of July next following their issuance.
[CC 2012 § 26.030; Ord. No. 240]
A.
Every application for a license shall be accompanied by a certificate from a qualified veterinarian showing that the dog to be licensed has been given a vaccination against rabies in compliance with Section 205.120. An application for a license for a spayed female dog or cat shall be accompanied by a statement from a qualified veterinarian indicating that the dog or cat has been spayed and giving the date of the operation.
B.
Upon a showing by an applicant for a license that he/she is prepared
to comply with the regulations set forth in this Chapter, a license
shall be issued following the payment of the applicable fee, as follows:
C.
Upon the payment of the license fee, the City Clerk shall execute
a receipt in duplicate, deliver the original receipt to the person
who pays the fee and retain the duplicate.
D.
The City Clerk shall procure a sufficient number of suitable metallic
tags, the shape of which shall be different for each license year,
and shall deliver one (1) appropriate tag to the owner when the fee
is paid. The owner shall cause said tag to be affixed by a permanent
metal fastening to the collar of the dog so licensed in such a manner
that the tag may be easily seen by the officers of the City. The owner
shall see that the tag is constantly worn by such animal.
[CC 2012 § 26.040; Ord. No. 240]
The City Clerk may revoke any license if the person holding
the license refuses to comply with the regulations set forth in this
Chapter or any State or local law governing cruelty to animals or
the keeping of animals. Any person whose license is revoked shall,
within ten (10) days thereafter, humanely dispose of all animals being
owned, kept or harbored by such person and no part of the permit fee
shall be refunded. It shall be a condition of the issuance of any
license to any owner of animals kept for commercial purposes that
Humane Officers shall be permitted to inspect all animals and the
premises where animals are kept at any time and if permission for
such inspections is refused, the City Clerk may revoke the license
of the refusing owner.
[CC 2012 § 26.050; Ord. No. 240]
A.
On and after the first day of July of each year, the Police, Animal Control Officer or Humane Officer shall take up and impound any dogs found in the City without the tag provided in Section 205.030 hereof; and to enforce this Chapter, said Officers are empowered and instructed to enter upon any private premises where they have reasonable cause to believe there is an unlicensed dog. The City shall furnish all necessary equipment for the Animal Control Officer to safely carry out his/her duties.
B.
Upon taking up and impounding any dog as provided in this Section,
the Chief of Police shall immediately post, in two (2) or more conspicuous
places in the City, a notice of impounding in substantially the following
form:
|
NOTICE OF IMPOUNDING DOG
| |
|
DATE: __________
| |
|
TO WHOM IT MAY CONCERN:
| |
|
I have this day taken up and impounded in the Pound of the City
at __________, a dog answering to the following description: Sex ___,
Color__________, Breed __________, Approximate Age__________, Name
of Owner __________
| |
|
Notice is hereby given that unless said dog is claimed and redeemed
on or before _____o'clock_____.M. on the_____day of_____,_____, the
same will be disposed of as provided by ordinance.
| |
|
| |
|
Chief of Police
| |
[CC 2012 § 26.060; Ord. No. 240]
A.
All impounded dogs shall be taken to the Concordia Veterinarian and
held there. Any dog may be redeemed from the Concordia Veterinarian
by the owner within five (5) days by paying an amount determined by
the Concordia Veterinarian.
B.
Upon the presentation of a receipt for a dog license for the current
year and for the fees provided for in this Section, the Concordia
Veterinarian shall release to any owner the dog claimed by him/her.
C.
Any fees due the Concordia Veterinarian for boarding are the responsibility
of the owner, and must be paid before the dog can be released from
the Concordia Veterinarian.
[CC 2012 § 26.070; Ord. No. 240]
Impounded dogs shall be kept for not less than one (1) week unless reclaimed by their owners. Any dog which is not claimed as provided in Section 205.060 within one (1) week after impounding may be painlessly killed and buried by the Concordia Veterinarian.
[CC 2012 § 26.080; Ord. No. 240]
The Board of Aldermen will from time to time designate a City
Pound for the purpose of placing this Chapter in effect. Claims to
the Board for the necessary expenses which may be incurred shall be
audited by the Clerk and, if allowed by the Board, paid by the Treasurer.
[CC 2012 § 26.090; Ord. No. 240]
A.
All dogs shall be kept under restraint. No female dog in heat, no dog of vicious habits or likely to cause injury to any person and no dog which habitually chases automobiles shall be allowed by its owner to run at large. The Police, Animal Control Officer or Humane Officer shall take up and impound any dog found at large; in violation of this provision and release it only upon payment of the fees provided in Section 205.060.
B.
No person shall keep or harbor a dog which habitually barks or cries
between the hours of 10:00 P.M. and 6:00 A.M. No dog owner shall permit
his/her dog to damage any lawn, garden or other property.
[CC 2012 § 26.100; Ord. No. 240]
A.
Any animal which bites a person shall be quarantined for ten (10)
days. During the quarantine, the animal shall be securely confined
and kept from contact with any other animal. The owner shall surrender
the animal for the quarantine period to an animal shelter at his/her
own expense.
B.
Except in cases of necessity or emergency, no Police Officer, Animal
Control Officer or Humane Officer shall kill, or cause to be killed,
any animal suspected of being rabid, unless the animal has been placed
in quarantine and the diagnosis of rabies made by a licensed veterinarian.
If a veterinarian diagnoses rabies in an animal in quarantine, then
the animal shall be humanely killed and the head of such animal sent
to a laboratory for pathological examination and confirmation of diagnosis.
[CC 2012 § 26.110; Ord. No. 240]
Whenever the prevalence of hydrophobia renders such action necessary,
to protect the public health and safety, the Board of Aldermen shall
issue a proclamation ordering every person owning or keeping a dog
to confine it securely on his/her premises unless it is muzzled so
that it cannot bite. No person shall violate such proclamation, and
any unmuzzled dog running at large during the time fixed in the proclamation
shall be killed by the Police without notice to the owner.
[CC 2012 § 26.120; Ord. No. 240]
No license shall be granted for a dog which has not been vaccinated
against rabies as provided in this Section during the ninety-day period
preceding the making of an application for such license, except that
when a dog is first licensed for an entire year hereafter, the license
may be issued if the dog has been vaccinated within a period of six
(6) months preceding the application for a license. Vaccination shall
be performed by a veterinarian qualified to practice in the State
in which the dog is vaccinated. A veterinarian who vaccinated a dog
to be licensed in the City shall complete in duplicate a certificate
of vaccination. One (1) copy shall be issued to the dog owner for
affixing to the license application, and one (1) copy shall be retained
in the veterinarian's files.
[CC 2012 § 26.130; Ord. No. 240]
No owner shall fail to exercise proper care and control of his/her
animals to prevent them from becoming a public nuisance. Excessive,
continuous or untimely barking, molesting passersby, chasing vehicles,
habitually attacking other domestic animals, trespassing upon school
grounds, or trespassing upon private property in such manner to damage
property, shall be deemed a nuisance.
[CC 2012 § 26.135, Ord. No. 482; Ord. No. 556, 4-14-2014]
A.
The owner of every animal shall be responsible for the sanitary removal
of any excreta (animal waste) deposited by his/her animal on public
recreation areas.
B.
No person owning or responsible for a dog or cat shall permit the
animal to defecate on any public property or right-of-way or on any
private property other than the property owned or leased by the person
owning or responsible for the dog or cat.
C.
A defense to a violation of this Section shall be that the person
charged must have immediately removed the animal waste and disposed
of it in a sanitary manner.
D.
A defense to a violation of this Section shall be that the dog involved
is a certified working dog trained to assist disabled individuals
and that the person charged has a disability which prevents the individual
from removing the animal waste and properly disposing of it in a sanitary
manner.
E.
The fine upon conviction for this ordinance violation shall be not
less than five dollars ($5.00) or more than five hundred dollars ($500.00)
[CC 2012 § 26.140; Ord. No. 240]
A.
No owner shall fail to provide his/her animals with sufficient good
and wholesome food and water, proper shelter and protection from the
weather, veterinary care when needed to prevent suffering, and with
humane care and treatment. No person shall beat, cruelly ill treat,
torment, overload, overwork, or otherwise abuse any animal, or cause
or permit any dog fight, cock fight, bull fight, or other combat between
animals or between animals and humans. No owner of any animal shall
abandon such animal. No person shall crop a dog's ears except when
a licensed veterinarian issues a signed certificate that the operation
is necessary for a dog's health or comfort and in no event shall any
person except a licensed veterinarian perform such an operation.
B.
No person shall keep or permit to be kept on his/her premises any wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee. This Section shall not be construed so as to apply to a zoological garden, theatrical exhibit or circus as defined in Section 205.010 of this Chapter, except that no theatrical exhibit or act shall be held in which animals are encouraged to perform through the use of chemical, electrical, or mechanical devices.
[CC 2012 § 26.150; Ord. No. 240]
A.
It is unlawful for any unauthorized person to break open the pound
or to attempt to do so, or to take or let out any dogs therefrom,
or to take or attempt to take from any Officer any dog taken up by
him/her in compliance with this Chapter or in any manner to interfere
with or hinder such officer in the discharge of his/her duties under
this Chapter.
B.
Any Humane Officer shall have police powers in the enforcement of
this Chapter and no person shall interfere with, hinder, molest, or
abuse any Humane Officer in the exercise of such powers.
[CC 2012 § 26.160; Ord. No. 240]
A.
Dog tags are not transferable and no refunds shall be made on any
dog license fee because of leaving the City or death of the dog before
the expiration of the license period.
[CC 2012 § 26.170; Ord. No. 240]
The sections of this Chapter requiring a license shall not apply
to non-residents of the City who are keeping only domestic pets, provided
that animals of such owners shall not be kept in the City longer than
thirty (30) days and that, the animals are kept under restraint.
[CC 2012 § 26.175; Ord. No. 240; Ord. No. 495]
No person, family or cohabitants shall, at any time, keep, harbor,
or own, at one location within the City, more than a total of six
(6) dogs over the age of six (6) months. This provision shall not
apply to a lawfully operated kennel, a kennel maintained in connection
with a small animal hospital, or the City pound.
[CC 2012 § 26.180; Ord. No. 240]
Any person violating any provision of this Chapter shall be deemed guilty of an ordinance violation and shall be punished by a fine of not less than ten dollars ($10.00) nor more than two hundred dollars ($200.00) or imprisonment in the County Jail for not more than ninety (90) days. If any violation continues, each day's violation shall be deemed a separate violation. If any person be found guilty by a court of violating Section 205.140, his/her permit to own, keep, harbor or have custody of animals shall be deemed automatically revoked and no new license shall be issued for a period of one (1) year.
[CC 2012 § 26.200; Ord. No. 240]
As used in this chapter, the following term shall have the meaning
indicated:
A.
A "vicious animal" is:
1.
Any animal which, when unprovoked, in a vicious or terrorizing
manner approaches any person in apparent attitude of attack upon any
street, sidewalk or other area used by the public or dedicated to
public use;
2.
Any animal with a known propensity, tendency or disposition
to attack unprovoked, to cause injury or to otherwise endanger the
safety of human being or domestic animals;
3.
Any animal which bites, inflicts injury, assaults or otherwise
attacks a domestic animal or human being without provocation on any
property;
4.
Any animal owned or harbored primarily or in part for the purpose
of fighting or any animal trained for fighting; or
5.
Any animal which habitually snaps at, growls or otherwise manifests
a disposition to bite, attack or injure any person or domestic animal
or pet.
B.
An animal is not a vicious animal if any injury or damage was sustained
by a person who, at the time such injury or damage was sustained,
was committing a willful trespass or other tort upon premises occupied
by the keeper or owner of the animal, or was teasing, tormenting,
abusing or assaulting the animal or was committing or attempting to
commit a crime or violation of a municipal ordinance.
C.
DOMESTIC ANIMAL
ENCLOSURE
An animal is not a vicious animal if any injury or damage sustained
by a domestic animal which, at the time such injury or damage was
sustained, was teasing, tormenting, abusing or assaulting the animal.
An animal is not a vicious animal if the animal was protecting or
defending a human being within the immediate vicinity of the animal
from an unjustified attack or assault.
Is that animal which has reproduced while in captivity in
the United States for at least two (2) generations (the burden of
such proof shall rest entirely on the owner). A particular animal
shall not be regarded as domesticated unless both parents are domesticated
animals. Examples may include dogs, cats, domesticated sheep, horses,
cattle, goats, swine, fowl, ducks, geese, turkeys, confined domestic
hares and rabbits and other birds and animals raised and/or maintained
in confinement.
A fence or structure of at least six (6) feet in height forming
or causing an enclosure suitable to prevent the entry of young children,
and suitable to confine a vicious animal in conjunction with other
measures which may be taken by the owner, such as tethering of the
vicious animal. This definition does NOT include an electronic fence
as an enclosure.
[CC 2012 § 26.210; Ord. No. 240]
A.
No person shall own, keep, harbor, or allow to be in or upon his/her
premises any vicious animal unless it is confine in accordance with
the provisions of this Section.
B.
Vicious animals shall be securely confined indoors or in a securely
enclosed and locked kennel or cage. The kennel or cage shall be of
a size appropriate to the size of the animal kept therein and shall
provide adequate ventilation, shade from the sun and protection from
the elements. In the event of a dispute over the appropriate size,
the guidelines of the United States Department of Agriculture shall
apply. The kennel must have secure sides and a secure top attached
to the sides. Such kennel or cage must be locked with a key or combination
lock when such animals are within the structure. Any such kennel or
cage must be located at least ten (10) feet from any property line
and must comply with all zoning and building regulations of the City.
Kennels for vicious dogs must be at least six (6) feet in height and,
unless a secure bottom or floor is attached to the sides, the sides
must be embedded in the ground no less than two (2) feet.
C.
When confined indoors, no vicious animal may be kept on a porch,
patio or in any part of a house, building or structure that would
allow the animal to exit such building on its own volition. No such
animal may be kept in a house, building or structure when screen windows
or screen door are the only obstacles preventing the animal from exiting
the structure.
D.
Vicious dog owners shall display a sign on his/her or her premises
warning that there is a vicious dog on the premises, and reading not
less than two (2) inches high "Vicious Dog Here," "Beware of Vicious
Dog," "Fierce Dog Here" or "Beware Fierce Dog." The sign shall be
conspicuously visible to the public. In case a minor is the owner
or keeper of such vicious dog, this notice shall be posted upon the
home of the adult person who is in charge of the premises where such
vicious dog is kept.
E.
If the vicious animal is removed from the enclosure, it shall be
securely muzzled and restrained with a chain having a minimum tensile
strength of three hundred (300) pounds and not exceeding three (3)
feet in length.
F.
Initial determination as to whether an animal is vicious or not shall be made by a Police Officer based upon the circumstances which lead to the complaint. If, in the opinion of a Police Officer the animal is declared vicious, an owner shall have a maximum of seven (7) days in which to fully comply with the provisions of Section 205.210. During this period, the animal will be secured with a chain as provided for in Section 205.210(E), or placed in a secure building.
G.
The owner shall notify the Police Department immediately but no later
than twenty-four (24) hours after a vicious animal is at large, is
unconfined, or has attacked another animal or a human being.
I.
Insurance. All owners, keepers, harborers of vicious dogs must within
ten (10) days of the official date of this Chapter, provide proof
to the City Collector 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 persons 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 Collector.
J.
Microchip. The owner of a vicious or dangerous dog shall have such
dog permanently identified by having a microchip inserted between
the shoulders of the dog within ten (10) days after being deemed vicious
or dangerous and the identifying information from the microchip placed
on file at the Police Department.
K.
Identification Photographs. All owners, keepers, or harborers of
vicious dogs must, within ten (10) days of the effective date of this
Chapter, provide to the City Collector two (2) color photographs of
the registered animal clearly showing the color and approximate size
of the animal.
L.
Reporting Requirements. All owners, keepers, or harborers of vicious
dogs must within ten (10) days of the incident, report the following
information in writing to the City Clerk as required hereinafter:
M.
Sale or transfer of ownership prohibited. No person shall sell, barter
or in any way dispose of a vicious dog registered within the City
to any other person within the City unless the recipient person resides
permanently in the same household and on the same premises as the
registered owner of such dog; provided, that the registered owner
of a vicious dog may sell or otherwise dispose of a registered dog
or the offspring of such dog to persons who do not reside within the
City.
N.
Animals born of registered vicious dogs. All offspring born of vicious
dogs registered within the City must be removed from the City within
eight (8) weeks of the birth of such animal.
O.
Irrebuttable Presumptions. There shall be an irrebuttable presumption
that any dog registered within the City as a vicious dog is in fact
a dog subject to the requirements of this Chapter.
P.
Failure To Comply. It shall be unlawful for the owner, keeper or
harborer of a vicious dog registered with the City to fail to comply
with the requirements and conditions set forth in this Chapter. Any
dog found to be the subject of a violation of this Chapter shall be
subject to immediate seizure and impoundment. In addition, failure
to comply will result in the revocation of the license of such animal
resulting in the immediate removal of the animal from the City.
Q.
Violations And Penalties. Any person violating or permitting the violation of any provision of this Chapter shall upon conviction in municipal court be fined as specified in Section 205.210(V). In addition to the fine imposed, the court may sentence the defendant to imprisonment in the county jail for a period not to exceed thirty (30) days. In addition, the court shall order the registration of the subject vicious dog revoked and the dog removed from the City. Should the defendant refuse to remove the dog from the City, the municipal judge shall find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this article continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this Chapter shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this Chapter.
R.
Severability. If any section, sentence, clause or phrase of this
Chapter is for any reason held to be invalid or unconstitutional by
a decision or any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this Chapter.
S.
Upon the filing of a municipal court complaint that a vicious dog
is not being maintained as required in the ordinance, the vicious
dog shall be impounded pending disposition of the complaint in the
manner described above.
T.
If a Police Officer is notified of a vicious dog and upon investigation
shall find such a dog not within a fully enclosed structure or not
fastened to a leash, and a secondary restraint as required above,
both securely held by a person at least seventeen (17) years of age
and capable of controlling the dangerous dog, the dog shall be captured
and impounded or killed by a police officer. Identification of the
dog as vicious shall be as is practical under the circumstances. Before
killing the dog, the Police Officer shall first determine if capture
and impoundment of the dog is unreasonable. If capture and impoundment
of the dog is reasonable, the dog shall be captured and impounded
pending resolution of the matter in municipal court. However, the
Police Officer shall not put himself/herself in any position of danger
of being attacked. If capture of the dog is determined to be unreasonable,
a Police Officer shall have full authority to kill the dog.
U.
A hearing on any municipal court complaint filed under this Chapter
shall be set within thirty-one (31) calendar days of filing. Final
disposition of the complaint shall be expedited, giving due consideration
to the ongoing impoundment of the dog.
V.
Upon conviction, the penalties for violating this Chapter shall be:
1.
First Offense: A fine of not less than two hundred fifty dollars
($250.00) and up to thirty (30) days in jail.
2.
Second Offense: A fine of not less than three hundred fifty
dollars ($350.00) and up to ninety (90) days in jail.
3.
Third Or Subsequent Offense: A fine of not less than five hundred
dollars ($500.00) and not less than thirty (30) nor more than one
hundred eighty (180) days in jail.
4.
A violation of no insurance on a vicious dog is a minimum of
five hundred dollars ($500.00).
W.
Imposition or execution of the fines may not be suspended, except
that fines for the first or second offense may be suspended if the
owner provides proof of the destruction of the dangerous dog.
X.
The judge may order the destruction of a vicious dog upon finding
of guilt for any offense under this Chapter. The judge shall order
destruction of the vicious dog that is the subject of the complaint
upon conviction of any person for a third offense under this Chapter.
[CC 2012 § 26.220; Ord. No. 240]
It shall be unlawful to own or harbor any animal for the purpose
of fighting, or train, torment, badger, bait or use any animal for
the purpose of causing or encouraging said animal to unprovoked attacks
upon human beings or domestic animals.
[CC 2012 § 26.230; Ord. No. 240]
This Chapter shall not apply to dogs owned by any law enforcement
agency or officer which are used in the performance of police work.
[CC 2012 § 26.250; Ord. No. 240; Ord. No. 493]
A violation of Section 205.200 through and including Section 205.230 shall be punishable as specified in Section 205.210(V) in this Chapter. For each subsequent violation of this Chapter, the minimum fine shall be five hundred dollars ($500.00). Each day any such violation shall continue shall constitute a separate offense.
