[Ord. No. 19.91, 1-2-2020]
A. 
A person commits the offense of keeping a dangerous dog or other animal if he or she owns or possesses a dog or other animal that has previously bitten a person or a domestic animal without provocation and that dog or other animal bites any person on a subsequent occasion.
B. 
The offense of keeping a dangerous dog or other animal shall be punishable under the general penalty, Section 100.190, of this Code.
C. 
In addition to the penalty included in Subsection (A)(2) of this Section, if any dog or other animal that has previously bitten a person or a domestic animal without provocation bites any person on a subsequent occasion or if a dog or other animal that has not previously bitten a person attacks and causes serious injury to or the death of any human, the dog or other animal shall be seized immediately by an animal control authority or by the Chief of Police or any Osage Beach Police Officer. The dog or other animal shall be impounded and held for at least ten (10) business days. After the owner or possessor is given written notification, and after the expiration of the ten-day period, the animal may thereafter be destroyed.
D. 
The owner or possessor of the dog or other animal that has been impounded may file a written appeal to the Twenty-Sixth Judicial Circuit Court, or to the Osage Beach Municipal Division of the Circuit Court to contest the impoundment and destruction of such dog. The owner or possessor shall provide notice of the filing of the appeal to the animal control authority or Chief of Police who seized the dog. If the owner or possessor files such an appeal and provides proper notice, the dog or other animal shall remain impounded and shall not be destroyed while such appeal is pending and until the court issues an order for the destruction of the dog. The court shall hold a disposition hearing within thirty (30) days of the filing of the appeal to determine whether such dog or other animal shall be humanely destroyed. The court may order the owner or possessor of the dog or other animal to pay the costs associated with the animal's keeping and care during the pending appeal.
[Ord. No. 19.91, 1-2-2020]
A. 
Any duly authorized Public Health Official or Law Enforcement Official may seek a warrant from the Osage Beach Municipal Division of the 26th Judicial Circuit Court to enable him/her to enter private property in order to seize or impound any dangerous dog, pet or domesticated animal. All requests for such warrants shall be accompanied by an affidavit stating the probable cause to believe a violation of this Chapter 205 has occurred. A person acting under the authority of a warrant shall not be liable for any necessary damage to property while acting under such warrant. All animals impounded pursuant to a warrant issued under this Section shall be:
1. 
Placed 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; or
2. 
If it is determined by a veterinarian that an animal impounded under a warrant is diseased or disabled beyond recovery for any useful purpose, that animal may be humanely killed.
B. 
The owner or custodian of any dog, pet or domestic animal who has been found to be dangerous and seized under this Section shall be liable for reasonable costs for the care and maintenance or other disposition of the animal. Any person incurring reasonable costs for the care and maintenance of such an animal shall have a lien against such animal until the reasonable costs have been paid. The City may humanely kill such animal if such costs are not paid within ten (10) days after demand. Any monies received for an animal adopted pursuant to this Subsection in excess of costs shall be paid to the owner of such animal.