[Amended Ord. 91.00.01, passed 8-6-2018[1]]
As used in this chapter unless the context otherwise indicates,
the following terms shall mean:
Manifesting any of the characteristic symptoms of rabies
as described by a licensed veterinarian.
Any living animal, domestic or wild, excepting birds and
fish.
Off the premises of the owner, and not under the actual control
of the owner or a competent person.
Both male and female members of the feline family.
As used in this section, shall include turkeys, guineas,
ducks, geese or any other domestic fowl.
The City of Hawk Point, Missouri.
A human being that is actually capable of controlling and
governing the animal in question.
Both male and female members of the canine family.
As used in this chapter, "domestic fowl" shall include turkeys,
guineas, ducks, or geese.
[Added by Ord. No. 91-01.02, passed 10-1-2020]
Having been bitten by, fought with or come in contact with
an animal affected with rabies.
A wild or untamed feline.
Any person or persons, firm, association or corporation owning,
keeping, caring for, feeding, harboring, possessing, or having management
or care of an animal.
[1]
Editor's Note: This ordinance superseded former Ch. 91, Animals,
Ch. 420 of the prior Code, as amended.
[Amended Ord. 91.00.01, passed 8-6-2018]
(A)
Dog license fee. No dog or cat owner shall keep any dog or cat within
the City after the first day of June unless a license therefor has
been first secured. Licenses shall be issued by the City Clerk for
a fee of $5 per dog or cat. Every application for a license shall
be accompanied by a certificate from a veterinarian licensed by the
state, showing that the dog or cat has been given a vaccination against
rabies in compliance with this chapter, or a statement from the veterinarian
that such inoculation is not medically necessary, for reasons stated
therein. Licenses shall expire on May 31 next following their issuance.
(B)
Vaccination of dogs and cats. No license shall be granted for a dog
or cat which has not been vaccinated against rabies as provided in
this chapter during the ninety-day period preceding the making of
an application for such license except that when a dog or cat is first
licensed for an entire year hereafter, the license may be issued if
the dog or cat has been vaccinated within a period of six months preceding
the application for a license. Vaccination shall be performed only
by a doctor qualified to practice veterinary medicine in the state
in which the dog or cat is vaccinated. A veterinarian who vaccinated
a dog or cat to be licensed in this City shall complete in duplicate
a certificate of vaccination. One copy shall be issued to the dog
or cat owner for affixing to the license application, and one copy
shall be retained in the veterinarian's files.
(C)
Dog or cat license term. It shall be the duty of each owner of a
dog or cat to pay the license fee imposed in Subsection (A) above
of this subsection, to the City Clerk on or before the first day of
June in each year, or upon acquiring ownership or possession of any
unlicense dog or cat or upon establishing residence in the City. The
City Clerk shall cause a notice of the necessity of paying such license
fee to be printed in the official paper, one time before June 1 in
each year.
(D)
Receipts and dog or cat tags. Upon payment of the license fee, the
City Clerk shall execute a receipt in duplicate, the original receipt
going to the person who pays the fee with the duplicate retained by
the City Clerk. The City Clerk shall procure a sufficient number of
suitable metallic tags, and an appropriate tag shall be given to the
owner when the fee is paid.
(E)
Affixing dog or cat tags. The dog or cat owner shall cause the tag
to be affixed by a permanent metal fastening to the collar of the
dog or cat 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 dog or cat.
(F)
Duplicate dog or cat tags. In case any dog or cat tag is lost, a
duplicate may be issued by the City Clerk upon presentation of a receipt
showing the payment of the license fee for the current year. A charge
of $5 shall be made for each duplicate tag.
(G)
Dog or cat tags not transferable or refundable. Dog or cat tags are
not transferable and no refunds shall be made on any dog or cat license
fee because of leaving the City or death of the dog or cat before
the expiration of the license period.
[Amended Ord. 91.00.01, passed 8-6-2018]
It shall be unlawful for any owner of any animal to allow the
animal to be large.
[Added Ord. 91.00.01, passed 8-6-2018]
No person shall conceal an animal.
[Added Ord. 91.00.01, passed 8-6-2018]
Police officers shall have the right of entry to any lots or
lands for the purpose of inspecting any animal reported or reasonably
believed to be in violation of this chapter.
[Added Ord. 91.00.01, passed 8-6-2018]
(A)
No owner of an animal affected with rabies or exposed to rabies shall
permit such animal anywhere within the City other than the property
of the actual owner of such animal, and then only if such animal is
so confined as to prevent its straying from the actual owner's property.
(B)
Every owner of an animal which has bitten a person, or which acts
in a manner suggesting that it is or may be affected with rabies,
shall quarantine such animal in a facility designated by the City
of Hawk Point for a period of 10 days for observation.
[Added Ord. 91.00.01, passed 8-6-2018]
The owner of an animal shall provide humane shelter from the
heat, cold, rain, snow, or other conditions that could be harmful
to the animal, shall provide adequate food and drink to maintain the
animal in good health, and shall not treat the animal in a cruel and
inhumane manner.
[Added Ord. 91.00.01, passed 8-6-2018]
No owner of an animal shall allow frequent and habitual barking,
yelping, or howling that disturbs persons living in the immediate
area. No owner of an animal shall allow threat or fear to persons
living in the immediate area or persons passing upon sidewalks, alleys
or streets.
[Added Ord. 91.00.01, passed 8-6-2018; amended by Ord. No.
91-01.02, passed 10-1-2020]
No one shall keep swine, cows, horses, goats, sheep, or domestic
fowl of any kind, except chickens, within the City. Persons owning
more than three contiguous acres shall be exempt from this section
as long as the keeping of animals does not violate subdivision restrictions
or constitute a nuisance. Persons under the age of 18 temporarily
keeping animals for 4-H or FFA purposes shall be exempt from this
section as long as keeping the animals does not violate subdivision
restrictions or constitute a nuisance.
[Added Ord. 91.00.01, passed 8-6-2018]
No owner of any animal shall keep any animal in a pen or other
enclosure of any kind under such conditions that offensive or noxious
odors or smells cause annoyance to persons living in the immediate
area or persons passing upon sidewalks, alleys or streets.
[Added Ord. 91.00.01, passed 8-6-2018]
(A)
Classification. The Board of Aldermen or its designated representative
shall classify any animal with the following characteristics as a
"dangerous animal" for purposes of this chapter:
(1)
Any animal which has inflicted a severe or fatal injury on a
human on public. "Severe injury" means any physical injury resulting
directly from an animal's bite, which results in broken bones or lacerations
requiring stitches, or hospitalization. The victim receiving severe
injuries as defined above must provide the Police Chief with a signed
physician's statement documenting the injury and the treatment qualifying
such as a severe injury, or sign an authorization for the release
of such statement.
(2)
Any animal which has attacked or bitten a human or domestic
animal, on property other than the property of the owner.
(3)
Any animal which, while on the owner's property, has attacked
or bitten a human other than the owner or a member of the owner's
family who normally resides at the place where the animal is normally
kept.
(4)
Any animal which, while off the owner's property, has killed
a domestic animal, horse, chicken or other domestic fowl.
(5)
Any animal owned or harbored primarily, or in part, for the
purpose of fighting or any animal trained for fighting.
(6)
Any animal which approaches a person upon the sidewalks, alleys,
or streets in a menacing fashion or apparent attitude of attack.
(7)
Any animal with a known propensity, tendency or disposition
to attack unprovoked, to cause injury, or to otherwise threaten the
safety of humans or domestic animals.
(B)
Notice and hearing.
(1)
Within five working days after classifying an animal as a "dangerous
animal," the City shall notify the animal's owner of such classification,
in writing. The notice shall identify the requirements and conditions
for maintaining a dangerous animal as set forth in this chapter. If
the owner cannot be located, the animal may be immediately impounded,
and notice shall be posted at the owner's last known address.
(2)
Appeal and hearing. If the animal owner disputes the classification,
then the owner has the option of submitting, within five working days
of notice, a written request to the Board of Aldermen for a hearing
to contest the classification. The City shall, within 10 working days
after receipt of a bona fide written request, conduct a hearing and
render a decision.
(3)
Pending the outcome of such a hearing, the animal must be confined
in such a manner so as not to be a threat to any person or domestic
animal. The confinement may be on the owner's premises or with a licensed
veterinarian.
(4)
The City shall determine whether to declare the animal to be
a "dangerous animal" based upon evidence presented at the time of
the hearing. The hearing shall be informal and strict rules of evidence
shall not apply. The owner may be represented by counsel, present
oral and written evidence, and cross examine witnesses.
(5)
The City shall issue a decision after the close of the hearing
and notify the owner in writing of the decision. The owner or possessor
of the animal found to be a "dangerous animal" shall be required to
maintain the animal as provided in this chapter.
(C)
Owner's responsibilities. Owners or keepers of an animal that has
been declared a dangerous animal may maintain the dangerous animal
only subject the following limitations requirements and conditions:
(1)
Registration. Within 10 days of the designation or the acquisition
of a dangerous animal, every owner or keeper of a dangerous animal
in the City shall register said animal with the City on the "dangerous
animal" registry. Failure to so register shall constitute a violation
of this chapter.
(2)
Collar. Any dangerous animal shall wear a bright orange collar
with a large brightly colored metal tag attached so the animal can
readily be identified as a dangerous animal.
(3)
Loose, unconfined or missing dangerous animal. The owner or
keeper shall notify the Police Department immediately if a dangerous
animal is loose, unconfined or missing, or has attacked a human or
other animal.
(4)
Reporting requirements. The owner or keeper shall notify the
City of, within 24 hours:
(a)
Death or transfer of ownership. If a dangerous animal has died
or has been sold or given away, or otherwise transferred in ownership
or possession, the owner or keeper shall provide the City with the
name, address and telephone number of the new owner or keeper, and,
if the dog is kept within the City, the new owner or keeper must comply
with the requirements of this chapter.
(b)
Birth. All offspring born of dangerous animals within the City
must be removed from the City within two months of their birth.
(c)
New address: the new address of a dangerous animal owner or
keeper should the owner or keeper move from one address within the
City to another address within the City.
(5)
Confinement.
(a)
All dangerous animals must be securely confined indoors or in
a securely enclosed and locked pen, kennel or other structure, except
when leashed and muzzled as provided herein. The pen, kennel or other
structure must be suitable to prevent the entry of young children
and designed to prevent the animal from escaping. Such pen, kennel
or other structure must have minimum dimensions of five feet by 10
feet and must have secure sides and a secure top attached to all sides.
The pen, kennel, or other structure must be locked with a key combination
lock when dangerous animals are confined within. The pen, kennel or
other structure must have a secured bottom or floor attached to all
sides; however, if it has no bottom secured to the sides, the sides
must be embedded in the ground no less than 12 inches. The enclosure
must also provide protection from the elements for the animal.
(b)
The enclosure, when occupied by a dangerous animal, shall not
be occupied by any other. If the dangerous animal is a female with
offspring under two months of age, the offspring may occupy the same
enclosure as the mother.
(c)
All structures erected to house dangerous animals must comply
with all zoning and building regulations of the City. All such structures
must be adequately lighted and ventilated and kept in a clean and
sanitary condition.
(d)
No dangerous animal may be kept on a porch, patio, or in any
part of a house or structure that would allow the animal to exit such
building on its own volition. In addition, no such animal may be kept
in a house or structure when the windows are open or when screen windows
or screen doors are the only obstacle preventing the animal from exiting
the structure.
(6)
Signs. The owner or keeper shall display a sign on his premises
that there is a dangerous animal on the property and which bears a
symbol warning children of the presence of a dangerous animal. This
sign shall be visible and capable of being seen from the public thoroughfare
from which the property is entered. In addition, a similar sign is
required to be posted on the pen, kennel or other structure housing
the dangerous animal.
(7)
Leash and muzzle. A dangerous animal may only be off the owner's
premises if it is muzzled and restrained by a substantial chain or
leash not exceeding six feet in length and under the control of competent
person. The muzzle must not cause injury to the animal or interfere
with its vision or respiration but must prevent it from biting any
human or other animal.
(8)
Insurance. The owner or keeper of a dangerous animal shall present
to the City proof that the owner or keeper has procured liability
insurance in a single incident amount of at least $100,000 for bodily
injury/death/or damage to property which may result from the ownership,
keeping or maintenance of such animal covering the twelve-month period
during which licensing is sought. An effective insurance policy with
the coverage and in the amounts specified herein must be maintained
by the owner or keeper at all times. The policy shall contain a provision
requiring the City receive 10 days' written notice prior to any cancellation,
termination, or expiration of the policy.
(9)
Photographs. All owners or keepers of dangerous animals must,
within 10 days of such classification, provide the City with two color
photographs (one showing the left profile and the other showing the
right profile) of the animal, clearly showing the color, distinguishing
markings, and approximate size of the animal.
(10)
Compliance, violations and penalties.
(a)
It shall be unlawful for the owner or keeper of a dangerous
animal within the City to fail to comply with requirements set forth
in this chapter. Any animal found to be in violation of this chapter
may, in addition to other penalties, be subject to immediate impoundment
for the time necessary for the owner or keeper to show compliance
with this chapter. Owner shall be liable to City for all expenses
of impoundment incurred by the City.
(b)
Any person found guilty of violation of any provision of this
section shall be punished as provided herein. In addition to any penalty
as provided herein, the Court may order the registration of the subject
dangerous animal revoked and the animal removed from the City. Should
the owner or keeper refuse to remove the animal from the City, the
Court may find the owner or keeper in contempt and order the immediate
impoundment and humane destruction of the dangerous animal. Each day
that a violation of this section continues shall be deemed a separate
offense. In addition to the foregoing penalties, any person who violates
this section shall be liable to the City for all expenses of impoundment
and/or humane destruction incurred by the City.
[Added Ord. 91.00.01, passed 8-6-2018]
(A)
Notwithstanding anything else herein, no person may own, keep, care
for, feed, harbor, possess, or have management or care of more than
four combination of animals on any premises within the City (excluding
birds and fish). Of the four animals, no more than two may be dogs
and no more than two may be cats. In other words, no person may keep,
care for, feed, harbor, possess or have management or care for more
than two dogs and no person may keep, care for, feed, harbor, possess
or have management or care for more than two cats. Baby animals must
be weaned and removed from the premises within eight weeks of birth.
[Amended Ord. 91.00.02, passed 10-1-2018]
(B)
Persons within the City are strictly prohibited from keeping, caring
for, feeding, harboring, possessing, or having management or care
of the following:
(1)
Lions, tigers, bears, leopards, ocelots, jaguars, cheetahs,
margays, mountain lions, lynx, bobcats, jaguarondi, hyenas, wolves,
and coyotes;
(2)
Primates, raccoons, skunks, and foxes;
(3)
Deadly, dangerous, or poisonous reptiles;
(4)
Nondomesticated cats, feral cats, wild cat hybrids, and wild
dog hybrids;
(5)
Any other animal which is considered exotic or endangered by
other laws or regulations or animals that are inherently dangerous
by nature.
(C)
It is declared a nuisance for any person or persons within the municipal
boundaries of the City to have, maintain or provide food or shelter
for feral cats. The City may use reasonable means to trap or capture
feral cats.
[Added by Ord. No. 91-01.02, passed 10-1-2020]
(A)
Permits.
(1)
Any property owner desiring to keep any hens/pullets must complete
an application soliciting a permit to keep the same, wherein the applicant
must identify the location (by address) and describe the housing/run
(with dimensions), location of the housing/run within the property,
the dimensions of the applicant's premises, and the distance
of the housing/run from nearest dwelling not owned by the applicant.
Upon review and approval by the City Clerk for compliance with this
chapter, the City Clerk shall issue the solicited permit. Each permit
shall be valid for one year from its issuance, unless sooner revoked
by the Board of Aldermen, upon good cause, and after a hearing upon
10 days' notice by regular mail to the address listed on the
application. The charge for initial issuance shall be $10, after which
a renewal permit may be issued upon the City's determination
(upon reinspection of the premises and confirmation of compliance)
that the premises are being maintained in a clean and sanitary condition;
that the hens/pullets have not been subjected to suffering or cruelty;
that the hens'/pullets' keeping does not constitute a detriment
to the health, safety or peace of the community; that the maintenance
of the holding structure is not in violation of applicable ordinances
and that the renewal charge of $10 has been paid.
(2)
By the acceptance of a permit under this City Code, the permittee
consents to the inspection of premises under his/her control by the
City's designee to ensure continued compliance with the provisions
of this chapter. Any refusal to permit entry and inspection during
daylight hours shall have the immediate effect of suspending the permit.
(3)
Should the City's designee charge that the permittee has
failed to provide any chicken in his/her possession, care or control
with proper and sufficient food, drink, shelter or protection or has
subjected any such animal to needless suffering, unnecessary cruelty
or abuse, or has failed to maintain the premises in a clean and sanitary
condition, the City's designee may summarily suspend such permit,
pending resolution of the cited deficit, and should any permit have
been summarily suspended for two or more violations within 12 consecutive
months, that permit may be permanently revoked by the Board of Aldermen,
after hearing, upon 10 days' notice to the permittee.
(B)
Enclosures.
(1)
Chickens must be kept in a fenced exterior area during daylight
hours and secured within a henhouse, coop, or other interior structure
during non-daylight hours.
(2)
Each chicken shall be provided with a minimum of four square
feet of exterior area and four square feet of interior area, aggregating
to eight square feet for each chicken.
(3)
Enclosures, interior or exterior, must be kept in a neat, clean,
dry, odor-free and sanitary condition.
(4)
Enclosures, interior or exterior, must provide adequate ventilation,
sun and shade and must be impermeable to rodents, wild birds and predators,
including cats and dogs.
(5)
Enclosures, interior or exterior, shall provide safe and healthy
living conditions for chickens, while minimizing the adverse impacts
to other residents of the City.
(6)
Enclosures, interior or exterior, must be located no closer
than 10 feet to the applicant's property line and at least 50
feet from the nearest part of any residence or dwelling upon an adjacent
property.
(C)
No running at large. No owner or any person responsible for any chicken
shall allow such chicken to run at large or loose upon other persons'
property or the streets/public places of the City. The City's
designee is permitted to confiscate any chicken found upon any of
the City's streets/public places, whereupon such designee shall
make reasonable efforts to discern the ownership of such chicken;
but if not reasonably feasible, to dispose of same. Should any dog
or cat kill or injure any chicken running at large, that dog or cat
shall not, for that reason alone, be deemed a vicious animal.
(D)
Maximum number/no roosters.
[Amended Ord. 91.00.01, passed 8-6-2018]
Any person, firm or corporation violating any provision of this
chapter is guilty of an infraction and upon conviction thereof shall
be punished by a fine of not more than $500, under such limits as
may be imposed by the state statute.
