[Bill No. 161, 11-13-2007]
It shall be unlawful for any person to own, possess, keep, exercise
control over, maintain, harbor transport, or sell within the City
of Merriam Woods any pit bull.
[Bill No. 161, 11-13-2007]
As used in this Article, the following terms shall have the
meanings indicated:
For purposes of this Article, is defined as any person who
owns, possesses, keeps, exercises control over, maintains, harbors,
transports or sells an animal.
For purposes of this Article, is defined as any dog that
is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire
Bull Terrier, or any dog displaying the majority of physical traits
of any one (1) or more of the above breeds, or any dog exhibiting
those distinguishing characteristics which substantially conform to
the standards established by the American Kennel Club or United Kennel
Club for any of the above breeds. The AKC and UKC standards for the
above breeds are on file in the office of the Chief of Police of the
City of Merriam Woods.
For purposes of this Article, is a secure enclosure used
for purposes of transporting a pit bull and which includes a top and
bottom permanently attached to the sides except for a door for removal
of the pit bull. Such enclosure must be of such material, and such
door closed and secured in such a manner, that the pit bull cannot
exit the enclosure on its own.
[Bill No. 161, 11-13-2007]
A.
The prohibition in Section 205.230 shall not apply in the following enumerated circumstances. Failure by the owner to comply and remain in compliance with all of the terms of any applicable exception shall subject the pit bull to immediate impoundment and disposal pursuant to this Section, and shall operate to prevent the owner from asserting such exception as a defense in any prosecution under Section 205.230.
1.
Merriam Woods Police Department and Taney County Animal Control
may temporarily harbor and transport any pit bull for purposes of
enforcing the provisions of this Article.
2.
Any humane society operating an animal shelter which is registered and licensed by the City may temporarily hold any pit bull that it has received or otherwise recovered, but only for so long as it takes to contact the Police Department and either turn the pit bull over to Taney County Animal Control employees or receive permission to destroy or have destroyed the pit bull pursuant to the provisions of Section 205.230.
3.
The owner of a pit bull may temporarily transport through the City a pit bull, or such owner may transport the animal to a vet or groomer for care. At all times when the pit bull is being transported within the City, it must be kept confined in a secure temporary enclosure as defined in Section 205.240.
[Bill No. 161, 11-13-2007]
A.
The current owner of any pit bull shall be allowed to keep such pit
bull within the City only if the owner registers the pit bull with
the City of Merriam Woods and receives a valid registration annually.
Further, any person owning a pit bull who relocates his/her residence
to the City of Merriam Woods shall, within thirty (30) days of relocating
their residence to Merriam Woods, register their pit bull and comply
with all provisions of this Article regarding ownership of such animal.
B.
As a condition of registration of a pit bull, the owner shall comply
with or otherwise provide sufficient evidence that the owner is in
compliance with all of the following regulations:
1.
The owner shall bring the pit bull along with the documentary
proof that all of the following conditions have been met to the Merriam
Woods Police Department. The Merriam Woods Police Department shall
issue a registration and registration tag if all conditions have been
met and upon receipt of the registration fee.
a.
The owner of the pit bull shall provide proof of rabies vaccination
and shall pay the annual pit bull registration fee of fifty dollars
($50.00).
b.
The owner shall, at his/her expense, have the pit bull spayed
or neutered and shall present to the Chief of Police or his/her authorized
representative documentary proof from a licensed veterinarian that
this sterilization has been performed. This Subsection shall not apply
to any pit bull which is registered as an active participant in a
dog exhibition or skills association or organization for which the
owner must present a certificate of registration from the American
Kennel Club and/or the United Kennel Club and a signed and notarized
affidavit that the animal has or will be used as a show dog or is
a registered service animal. The exception contained in this Subsection
does not apply to any pit bull which has not actively participated
in any such shows in the previous twelve (12) months.
c.
The owner shall have a microchip implanted by a veterinarian
at his/her own expense. The Merriam Woods Police Department shall
maintain a file containing the registration numbers, names, and photographs
of the pit bulls and the names and addresses of the owners. The owner
shall notify the Merriam Woods Police Department of any change of
address.
2.
The owner of the pit bull shall keep current the registration
for such pit bull through annual renewal in January of each year.
Such registration is not transferable and shall be renewable only
by the holder of the registration or by a member of the holder's immediate
family. A pit bull registration tag will be issued to the owner at
the time of issuance of the registration. Such registration tag shall
be attached to the pit bull by means of a collar or harness and shall
not be attached to any pit bull other than the pit bull for which
the registration was issued. If the pit bull tag is lost or destroyed,
a duplicate tag may be issued upon the payment of a fee of two dollars
($2.00).
3.
At all times when a pit bull is at the property of the owner, a pit bull shall 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. At all times when a pit bull is away from the property of the owner, the owner shall keep the pit bull securely leashed and either muzzled or wearing head gear that provides equal protection as if muzzled, or in a secure temporary enclosure as that term is defined in Section 205.240.
4.
The owner shall have posted at each possible entrance to the
owner's property where the pit bull is kept a conspicuous and clearly
legible pit bull sign. Such pit bull sign must be at least eight (8)
inches by ten (10) inches in rectangular dimensions and shall contain
only the words "PIT BULL DOG" in lettering not less than two (2) inches
in height.
5.
An owner of a pit bull shall notify the Chief of Police or authorized
representative with five (5) days in the event that the pit bull is
lost, stolen, dies, or has a litter. In the event of a litter, the
owner must deliver the puppies to the Merriam Woods Police Department
for destruction or permanently remove the puppies from Merriam Woods
and provide sufficient evidence of such removal by the time the puppies
are weaned, but in no event shall the owner be allowed to keep in
Merriam Woods a pit bull puppy born after the date of publication
of this Article, that is more than eight (8) weeks old. Any pit bull
puppies kept contrary to the provisions of this Subsection are subject
to immediate impoundment and disposal pursuant to this Section.
[Bill No. 161, 11-13-2007]
A.
Notwithstanding the provisions of this Chapter, the Chief of Police or his/her authorized representative is authorized to immediately impound any pit bull found in the City of Merriam Woods which does not fall within the exceptions listed in Section 205.250, and the municipal animal shelter may house or dispose of such pit bull in such manner as the Chief of Police or his/her authorized representative may deem appropriate, except as provided below.
B.
When the Chief of Police or his/her authorized representative has
impounded any pit bull dog, and the owner of such dog disputes the
classification of such dog as a pit bull, the owner of such dog may
file a written petition with the Merriam Woods Municipal Court for
an administrative hearing concerning such classification no later
than seven (7) days after impoundment. Such petition shall include
the name and address, including mailing address, of the petitioner.
The Merriam Woods Municipal Court will then issue a notice of hearing
date by mailing a copy to the petitioner's address no later than ten
(10) days prior to the date of the hearing. Where no written request
from the owner for a hearing is received by the Merriam Woods Municipal
Court within seven (7) days of impoundment, the pit bull shall be
destroyed.
C.
The administrative hearing, if any, will be held before the Merriam
Woods Municipal Court. Any facts which the petitioners wish to be
considered shall be submitted at the hearing. The Municipal Court
shall make a final determination whether the dog is a pit bull. Such
final determination shall be considered a final order of the Chief
of Police or his/her authorized representative.
1.
If the dog is found to be a pit bull, it shall be destroyed,
unless the owner produces evidence deemed sufficient by the Municipal
Judge that the pit bull is to be permanently taken out of Merriam
Woods and the owner pays the cost of impoundment.
2.
If the dog is found not to be a pit bull, the dog shall be released
to the owner.
