[CC 1984 § 38.200; Ord. No. 2003-100, 1-1-2003]
A. Definitions. As used herein:
PIT BULL TERRIER
Any Staffordshire bull terrier, American Staffordshire terrier,
American pit bull terrier breed of dog, or any mixed breed of dog
which contains as an element of its breeding of Staffordshire bull
terrier, American Staffordshire terrier, or American pit bull terrier,
as to be identifiable as partially of the breed commonly known as
"pit bull terrier" by a qualified veterinarian duly license by the
State of Missouri.
B. No person shall possess, own, keep or harbor a pit bull terrier or
Rottweiler within the municipal limits of the City of Novinger.
[CC 1984 § 38.210; Ord. No. 2003-100, 1-1-2003]
A. Any person found violating such Section shall be deemed to have committed
civil infraction, subject to the payment of a fine of one hundred
dollars ($100.00) for the first violation.
B. Repeat offences shall be subject to increased fines as follows:
1.
First repeated offense shall be no less than one-hundred fifty
dollars ($150.00).
2.
Second repeated offense or any subsequent repeated offense shall
be no less than two hundred fifty dollars ($250.00).
C. In addition to the foregoing fines, any person violating this Section
shall pay all expenses, including shelter, food, veterinary expenses
for identification or certifications of the breed of the animal or
boarding and veterinary expenses necessitated by seizure of the dog
for protection of the public and such other expenses required for
elimination or storage of such dog.
[CC 1984 § 38.220; Ord. No. 2003-100, 1-1-2003]
Any person designated by the Mayor and Board of Aldermen or
the Sheriff may seize or arrange for the removal of any pit bull terrier
or Rottweiler from the City of Novinger. If no arrangements are made
by the owner of such animal for payment of such cost in seizure and
impoundment or the removal of such animal from the City of Novinger,
within a period of five (5) days, then such peace officer may arrange
for such animal to be destroyed in a humane manner.
[CC 1984 § 38.230; Ord. No. 2003-100, 1-1-2003]
A. Any animal with the following characteristics shall be classified
as dangerous by the Sheriff, the City or its designated official:
1.
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.
a.
Any animal which has bitten a human being, without provocation,
on public or private property other than the property of the owner.
b.
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.
c.
Any animal which, while off the owner's property, has killed
a domestic animal, livestock, or poultry without provocation.
d.
Any animal owned or harbored primarily or in part for the purpose
of fighting or any animal trained for fighting.
e.
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.
f.
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.
2.
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.
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.
b.
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.
c.
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.
d.
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.
3.
Exemption to Dangerous Animal Classification.
a.
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.
b.
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.
c.
Animals owned by governmental or law enforcement agencies when
being used in the services of those agencies are exempt.
4.
Actions to be taken for dangerous animals causing severe or
fatal injuries.
a.
An animal responsible for an unprovoked severe or fatal attack
shall be humanely destroyed.
b.
An animal responsible for a provoked severe or fatal attack
should be maintained as a dangerous animal.
B. Dangerous Animal, Owners' Responsibilities.
1.
The following actions shall be required of owners of animals
that have been declared dangerous animals:
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
h.
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.
i.
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.
j.
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.
k.
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.
C. Guard Dog.
1.
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.
2.
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.
3.
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]
A. 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.
B. 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:
a.
It is in a securely fenced yard, inside a cage or building from
which it cannot escape;
b.
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
c.
It is within a vehicle from which the dog or cat cannot escape
while the vehicle is being operated, parked or stopped.
C. 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.
D. Exceptions. This Section shall not apply to dogs or cats:
1.
While being used in hunting, field trials and dog shows while
on public land set aside for those purposes;
2.
Used for tracking in conjunction with law enforcement activities;
3.
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;
4.
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.
[CC 1984 § 38.250; Ord. No. 2003-100, 1-1-2003]
All female dogs and cats shall be kept securely confined in
an enclosed place while in heat.