City of Novinger, MO Dogs And Cats Generally

[CC 1984 § 38.230; Ord. No. 2003-100, 1-1-2003]

Any animal with the following characteristics shall be classified as dangerous by the Sheriff, the City or its designated official:

Any animal which has inflicted a severe or fatal injury on a human being on public or private property. "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 Sheriff, the City or its designated official 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.

Any animal which has bitten a human being, without provocation, on public or private property other than the property of the owner.

Any animal which, while on the owner's property, has bitten, without provocation, a human being other than the owner or a member of the owner's family who normally resides at the place where the animal is kept.

Any animal which, while off the owner's property, has killed a domestic animal, livestock, or poultry without provocation.

Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting.

Any animal which, when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public grounds, or private property other than that property of the owner, in a menacing fashion or apparent attitude of attack, regardless of whether or not a person is injured by said animal.

Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of human beings or domestic animals.

If the circumstances surrounding the classification as a dangerous animal under any of the definitions listed in Subsection (A)(1) above are in dispute, then the owner has the option of submitting, within five (5) working days, a written request to the Board of Aldermen for a hearing and possible appeal.

A hearing board, consisting of the Mayor and any designated officials, shall be convened within ten (10) working days after receipt of a bona fide written request.

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. The confinement may be on the owner's premises or with a licensed veterinarian.

The hearing board shall determine whether to declare the animal to be a "dangerous animal" based upon evidence and testimony presented at the time of the hearing by the owner, in addition to witnesses, animal control personnel, the Sheriff, or any other person possessing information pertinent to such determination.

The hearing board shall issue written findings within five (5) days after the hearing. The owner or possessor of the animal found to be dangerous shall be required to maintain the animal as herein provided in this Code.

Exemption to Dangerous Animal Classification.

No animal 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 animal, or was teasing, tormenting, abusing, or assaulting the animal, or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the animal or was committing or attempting to commit a crime.

The person designated by the Mayor and the Board of Aldermen may, because of extenuating circumstances, determine from the investigation of an incident, that an animal is not dangerous. However, the owner, being responsible for said animal, shall be warned of the animal's tendencies and shall take appropriate action to prevent subsequent incidences. This however, does not exempt the owner from being cited for other animal control ordinance violations.

Animals owned by governmental or law enforcement agencies when being used in the services of those agencies are exempt.

Actions to be taken for dangerous animals causing severe or fatal injuries.

An animal responsible for an unprovoked severe or fatal attack shall be humanely destroyed.

An animal responsible for a provoked severe or fatal attack should be maintained as a dangerous animal.

Dangerous Animal, Owners' Responsibilities.

The following actions shall be required of owners of animals that have been declared dangerous animals:

Any dangerous animal which bites or scratches a human being, or any animal which is determined to be dangerous because of such biting or scratching of a human being, shall be impounded for a ten-day rabies quarantine.

Any dangerous animal shall wear at all times, a bright orange collar with a large brightly colored metal tag attached to the collar so the animal can readily be identified as a dangerous animal.

The owner or keeper shall notify the City or its designated official immediately if a dangerous animal is loose, unconfined or missing, has attacked another animal or has attacked a human being.

The owner or keeper shall notify the City or its designated official within twenty-four (24) hours if a dangerous animal has died or has been sold or given away. If the animal has been sold or given away, the owner or keeper shall provide the City or its designated official with the name, address and telephone number of the new owner, and, if the dog is kept within the City limits of Novinger, the new owner must comply with the requirements of this Code.

While on the owner's property, a dangerous animal must be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure must have minimum dimensions of five (5) feet by ten (10) feet and must have secure sides and top and be situated behind the building line and at least ten (10) feet from any property line. If it has no bottom secured to the sides, the sides must be embedded in the ground no less than twelve (12) inches. The enclosure must also provide protection from the elements for the animal. The enclosure, when occupied by a dangerous animal, shall not be occupied by any other animal. If the dangerous animal is a female with offspring under three (3) months of age, the offspring may occupy the same enclosure as the mother.

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.

The owner or keeper shall display a sign on his or her premises that there is a dangerous animal on the property. This sign shall be visible and capable of being read from the public highway or thoroughfare from which the property is entered. In addition, a similar sign is required to be posted on the kennel or pen or fenced yard of such animal.

A dangerous animal may be off the owner's premises if it is muzzled and restrained by a substantial chain or leash not exceeding six (6) feet in length and under the control of a responsible person. The muzzle must be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but must prevent it from biting any person or animal.

The owner or keeper of a dangerous animal shall present to the City or its designated official proof that the owner or keeper has procured liability insurance in the amount of at least one hundred thousand dollars ($100,000.00). This policy shall contain a provision requiring the City of Novinger to be notified by the insurance company of any cancellation, termination, or expiration of the policy.

All owners or keepers of dangerous animals, must, within ten (10) days of such declaration, provide the City or its designated official with two (2) color photographs (one showing the left profile and the other showing the right profile) of the animal, clearly showing the color and approximate size of the animal.

It shall be unlawful for the owner or keeper of a dangerous animal within the City of Novinger to fail to comply with requirements and conditions set forth in this Article. Any animal found to be in violation of this Code is subject to immediate seizure and impoundment for a minimum of ten (10) days or the time necessary for the owner or keeper to show compliance with this Code, whichever is shorter.

Guard Dog.

No person shall own, keep, harbor, maintain or allow to be upon any premises occupied by him or under his charge or control, any guard dog without such dog being confined behind a fence from which it cannot escape. No guard dog may be kept in any part of a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure into an area which is not fenced. Guard dogs must not be used or maintained in a manner which, as determined by the City, the Sheriff or the City's designated official, endangers individuals on or off the premises guarded.

Any guard dog, including law enforcement dogs, used in the City by virtue of such use is hereby declared to be subject to the rabies vaccination requirements of this Code.

All guard dogs residing in or used as such in the City of Novinger must be registered annually with the Sheriff, the City or its designated official.

[CC 1984 § 38.240; Ord. No. 2003-100, 1-1-2003]

Prohibited. It shall be unlawful for any person owning or possessing any dog or cat, whether vaccinated or not, to permit same to run at large as defined under this rule.

Definitions. For the purpose of this Section:

RUNNING AT LARGE

The presence of a dog or cat at any place except upon the premises of the owner of said dog or cat. A dog or cat shall not be considered to be running at large if:

It is in a securely fenced yard, inside a cage or building from which it cannot escape;

It is attached to a leash, rope, or chain of not more than six (6) feet held by a person that is capable of and is, in fact, controlling the dog or cat; or

It is within a vehicle from which the dog or cat cannot escape while the vehicle is being operated, parked or stopped.

Presumption. In any prosecution charging a violation of this Section, proof that any dog or cat was running at large in violation of this Section, together with proof that the defendant named in the complaint was, at the time described in the complaint, the owner of or in possession of such dog or cat, shall constitute a prima facie presumption that such owner or possessor was the person who permitted such dog or cat to run at large.

Exceptions. This Section shall not apply to dogs or cats:

While being used in hunting, field trials and dog shows while on public land set aside for those purposes;

Used for tracking in conjunction with law enforcement activities;

Of the canine corps of any law enforcement force of the of any municipality within Adair County, Adair County Sheriff's Department, the Missouri State Highway Patrol, any federal law enforcement agency or any branch of the Armed Forces of the United States while being used to conduct official business or while being used for official purposes;

Which are trained to assist persons with impaired sight, hearing or other disability and are not running at large when accompanying the person they are trained to assist. Full and equal access to all public facilities and transportation shall be allowed to such dogs or cats accompanying disabled persons.