[Ord. No. 2478, 3-19-2019[1]]
(a)
No person shall keep, raise or harbor any horse, pony, cow, sheep
or goat within the City unless such animals are kept on tracts zoned
Large Lot Residential District not less than three (3) acres in size,
with no more than one (1) of any such animal being allowed per acre.
(b)
No person shall keep, raise or harbor chickens (other than as provided
in Section 4-1.2), guinea fowl, turkeys, ducks (other than as provided
in Section 4-1.3) or geese unless such fowl are kept on a residentially
zoned tract of land not less than three (3) acres in size, with no
more than five (5) of any such fowl being allowed per acre and no
more than fifty (50) of any such fowl on a tract of land irrespective
of the size of such tract. Chickens may be kept, raised and harbored
on commercially zoned tracts of land of five (5) or more acres as
approved by the Board of Aldermen. Such consideration may include,
but not be limited to, the size and location of the area where they
are to be harbored, as well as the total number to be harbored on
the subject parcel.
(c)
No species of pigs or hogs may be kept, raised or harbored within
the City.
(d)
Any other species of domesticated animal (with the exception of pigs or hogs) or fowl and/or densities higher than that which is set forth in Subsections (a) and (b) above may receive consideration through the Special Use Permit process, however, such may only be considered in a residential zoning district.
(e)
The provisions in this Section shall not be construed as a prohibition
against the harboring of domestic household pets such as dogs, cats,
rabbits, squirrels, chipmunks, white mice and the like, the harboring
of which is authorized subject to compliance by the owner or custodian
thereof with pertinent conditions and regulations set forth elsewhere
in this Code.
(f)
When used herein "Owner" means any person having a right of property
in an animal and who knowingly permits the animal to remain on any
premises occupied by him/her.
[1]
Editor's Note: Former Chapter 4, Animals And Fowl, containing
Section 4-1 through 4-22, was repealed 3-19-2019 by Ord. No. 2478.
[Ord. No. 2478, 3-19-2019]
No person may keep or maintain any wild or undomesticated animal
or reptile of any kind. The term "wild or undomesticated animal or
reptile" includes animals or reptiles generally known as wild, such
as lions, tigers, elephants, wolves, bears, jaguars, cougars, wildcats,
poisonous snakes and others of this general class and description,
whether or not domesticated, within the limits of the City.
[Ord. No. 2478, 3-19-2019]
(a)
Chickens may be harbored and raised as pets in the City on a lot
only within single-family residential zoning districts subject to
the following restrictions upon issuance of the required permit:
(1)
Such activity may only be conducted on property that is not contiguous
with commercially zoned property, however, such activity is allowed
on property which is a minimum of three (3) acres in size irrespective
of the zoning of contiguous property.
(2)
Only chicken hens may be kept — no roosters.
(3)
The minimum lot area on which such activity may take place is ten
thousand (10,000) square feet, except as approved by the Board of
Aldermen.
(4)
Chicken coops must be situated a minimum of fifty (50) feet from
any dwelling unit, with the exception of that of the owner.
(5)
No more than six (6) chicken hens may be kept on a single lot.
(6)
Chicken hens must be kept in a fenced enclosure which must remain
in a clean, dry and odor-free condition at all times, however, they
need not be kept in a fenced enclosure when under the direct supervision
of the owner on the owner's property.
(7)
All chicken hens and eggs raised by an individual on their lot may
only be used for their and their family's personal enjoyment
and consumption.
(b)
To receive consideration for the harboring and raising of chickens
one must submit the required permit application accompanied by a twenty-five
dollars ($25.00) permit fee. If the applicant is not the owner of
the property on which such activity is proposed, written authority
from the owner must be provided. The permit application must be accompanied
by a scaled plan of the subject property depicting lot dimensions,
proposed coop location and the proximity of said coop to adjacent
dwelling units on surrounding parcels. A City of Eureka Building Inspector
will inspect the subject property to ensure initial compliance and
may enter the property at any future date to ensure continued compliance.
[Ord. No. 2478, 3-19-2019]
(a)
Ducks may be harbored and raised as pets in the City on a lot only
within single-family residential zoning districts subject to the following
restrictions upon issuance of the required permit:
(1)
Such activity may only be conducted on property that is not contiguous
with commercially zoned property, however, such activity is allowed
on property which is a minimum of three (3) acres in size irrespective
of the zoning of contiguous property.
(2)
The minimum lot area on which such activity may take place is ten
thousand (10,000) square feet, except as approved by the Board of
Aldermen.
(3)
Duck coops must be situated a minimum of fifty (50) feet from any
dwelling unit, with the exception of that of the owner.
(4)
No more than six (6) ducks may be kept on a single lot.
(5)
Ducks must be kept in a fenced enclosure which must remain in a clean,
dry and odor-free condition at all times, however, they need not be
kept in a fenced enclosure when under the direct supervision of the
owner on the owner's property.
(6)
All ducks and eggs raised by an individual on their lot may only
be used for their and their family's personal enjoyment and consumption.
(b)
To receive consideration for the harboring and raising of ducks one
must submit the required permit application accompanied by a twenty-five
dollars ($25.00) permit fee. If the applicant is not the owner of
the property on which such activity is proposed, written authority
from the owner must be provided. The permit application must be accompanied
by a scaled plan of the subject property depicting lot dimensions,
proposed coop location and the proximity of said coop to adjacent
dwelling units on surrounding parcels. A City of Eureka Building Inspector
will inspect the subject property to ensure initial compliance and
may enter the property at any future date to ensure continued compliance.
[Ord. No. 2503, 9-3-2019]
(a)
ARCHERY DEVICE
CROSSBOW
FIREARM
PROJECTILE WEAPON
UNDER THE INFLUENCE
Definitions. As used in this Section, the following terms shall have
these prescribed meanings:
Any longbow or compound bow or crossbow.
A device for discharging quarrels, bolts, or arrows, formed
of a bow set crosswise on a stock, usually drawn by means of a mechanism
and discharged by the release of a trigger.
Any rifle, shotgun, weapon or similar mechanism by whatever
name known, which is designed to expel a projectile or projectiles
through a gun barrel, tube, pipe, cylinder or similar device by the
action of any explosive. The term "firearm" shall not apply to devices
used exclusively for commercial, industrial or vocational purposes.
Any bow, crossbow, pellet gun, slingshot or other weapon
that is not a firearm, which is capable of expelling a projectile
that could inflict serious physical injury or death by striking or
piercing a person.
Shall be defined by the State regulation applied to motor
vehicle operation.
(b)
Hunting Regulations. Following are hunting regulations within the
corporate limits of the City of Eureka during deer-hunting season
set by the Department of Conservation or such other specific time
authorized by the City of Eureka.
(1)
Discharging or releasing arrows from archery devices within the City
limits is limited to hunting permitted under this Section.
(2)
Prior to any hunting activity under this Section, the property owner
and/or hunter shall obtain a permit from the Mayor, after review and
recommendation by the Building Commissioner. The property owner and/or
hunter shall complete an application on a form supplied by the City
which shall include the names of all property owners, the address
of the proposed hunt property, the dates and times of the proposed
hunting, the names of all proposed hunters, and a copy of the certificate
of insurance required hereinbelow.
(3)
Prior to the engagement of any hunting activity, the property owner
shall provide to the City a certificate of insurance or indemnity
bond providing evidence of a policy of liability insurance and/or
indemnity bond in an amount not less than $1,000,000 per occurrence
insuring or bonding the property owner or not less than $2,000,000
per occurrence insuring or bonding the designated non-owner hunter.
The insurance or indemnity bond of the property owner and the hunter
may be combined to reach the minimum limits mandated by this Subsection.
Said liability insurance and/or indemnity bond shall provide insurance
coverage and/or indemnity for all claims for damages resulting from
any act of negligence of the designated hunter or by any agent, assign,
employee, independent contractors or licensee of the designated hunter.
(4)
All current laws of the State of Missouri regarding hunting shall
be obeyed within the corporate limits of Eureka, including but not
limited to all State regulations issued by the Missouri Department
of Conservation.
(c)
Permission To Hunt.
(1)
It shall be unlawful for any person carrying an archery device of
any type to knowingly enter onto the premises of another, or to discharge
any of the aforesaid devices while on the premises or property of
another without first having obtained a permit from the City and permission
in writing from the owner, lessee, or person in charge of such premises
or property. The duly obtained written permission shall be carried
on the person of the hunter requesting and receiving such permission.
This Section shall not apply to a person carrying or discharging such
a device while in the immediate presence of the owner, lessee, or
person in charge of said premises or property.
(2)
In addition to the requirements set forth herein, it shall be at
the discretion of the owner, lessee, or person in charge of any premises
or property to set the parameters under which any person may hunt
upon any such premises or property under the control of the owner,
lessee, or person in charge.
(3)
Each hunter on any property upon which the permission to hunt has
been granted shall be held responsible for the actions of such other
persons to whom such permission has been granted for the same time
period by the landowner, lessee, or person in charge.
(4)
No person without lawful authority, or without the expressed or implied
consent of the owner, lessee or his or her agent, shall enter any
building or enter upon any enclosed or improved real estate, lot or
parcel of ground in the City of Eureka; or being upon the property
of another shall fail or refuse to leave such property when requested
to do so by the owner, lessee, or person in charge of said property.
(5)
Contiguous neighbors must be notified in writing by the property
owner, and the property owner must be able to show the appropriate
documentation of receipt of the notification of the dates and time
periods of the hunts. For purposes of this Subsection, "contiguous"
shall mean any adjoining property that shares a common property line
(or point) with the lot on which the proposed hunt shall occur. Lots
separated by streets, common areas, or other public thoroughfares
shall not be considered contiguous.
(6)
In addition to any requirements imposed by Missouri Department of
Conservation regulations, any individual who successfully harvests
a deer during a hunt must report the hunter's name, sex of the
deer, and the location of the harvest within two (2) business days
by calling City Hall during normal business hours or by delivering
written notification to the Building Commissioner.
(7)
Prior to discharging an archery device intended to be used for hunting,
it shall be the hunter's responsibility to permanently mark each
arrow or other projectile with his or her Missouri Department of Conservation
identification number.
(8)
Nothing in this Deer Control Policy shall authorize the parking or
standing of vehicles on private property without the consent of the
property owner or the parking of a vehicle in any manner otherwise
prohibited by the Municipal Code.
(9)
Prior to hunting within the Eureka City limits, every individual
seeking to hunt shall provide the Building Commissioner with a certificate
of completion of an archery device hunter safety course as approved
or provided by the Missouri Department of Conservation.
(10)
It shall be unlawful for any person to discharge any archery
device across any street, sidewalk, road, highway or playground.
(d)
Specific Actions Prohibited.
(1)
It shall be unlawful for any person to discharge an archery device
at or in the direction of any person, vehicle, dwelling, house, church,
school, playground or building.
(2)
It shall be unlawful for any person to discharge an archery device
within one hundred fifty (150) yards of the property line of any church,
school, park, or playground unless the owner of such property has
provided express written consent to such discharges of closer proximity
at specified dates and time periods. It shall be unlawful for any
person to discharge an archery device, within thirty (30) yards of
any dwelling, building, structure, or vehicle, unless the owner of
such property has provided express written consent to such discharges
of closer proximity at specified dates and time periods. Any such
consent may be revoked at any time in the discretion of the person
providing same, whether verbally or in writing.
(3)
No arrow or other projectile used to hunt deer pursuant to the Deer
Control Policy may be discharged or projected at such an angle or
distance as to land on public or private property other than the property
on which the hunt has been authorized.
(4)
No arrow or other projectile used to hunt deer pursuant to the Deer
Control Policy may be discharged or projected at such an angle or
distance as to land within seventy-five (75) feet of any front yard
property line.
(5)
No arrow or other projectile used to hunt deer pursuant to the Deer
Control Policy may be discharged or projected at such an angle or
distance as to land within fifty (50) feet of any street or public
right-of-way.
(6)
All hunting shall be conducted from an elevated position that is
at least ten (10) feet in height and faces the interior of the property.
The elevated position (deer stand) shall be located in such a way
as to direct arrows towards the interior of the property and to prevent
any arrow from landing any closer than twenty-five (25) feet to any
side or rear property line.
(7)
No hunting is authorized on tracts of land under one (1) acre in
area, except that adjacent property owners may combine their parcels
to satisfy the property line discharge restrictions set forth herein.
All other provisions of the Deer Control Policy shall apply to combined
lots.
(8)
It shall be unlawful for any person under the age of eighteen (18)
years old to hunt deer within the City limits of Eureka.
(9)
No person shall possess, consume or be under the influence of alcohol
or any other controlled substance while engaged in hunting activities
within the City limits of Eureka.
(e)
Deer Retrieval.
(1)
Any person who kills or injures any deer while hunting shall make
a reasonable search to retrieve the deer and take it into his or her
possession.
(2)
This Section does not authorize the act of trespass.
(3)
It shall be the hunter's responsibility to immediately notify
any property owner, other than the specific property owner who previously
authorized the hunt, of the fact that an injured or dead deer is located
on his or her property.
(4)
It shall be the hunter's responsibility to obtain the permission
of any property owner upon which an injured or dead deer is located
prior to engaging in a reasonable search and retrieval of the deer.
(5)
In the event that a hunter cannot obtain the permission of a property
owner to conduct a reasonable search and retrieval of an injured or
dead deer, the hunter shall immediately notify the Missouri Department
of Conservation and the Building Commissioner.
(6)
Any person who kills any deer while hunting shall follow all Missouri
Department of Conservation guidelines regarding field dressing and
processing the animal.
(f)
Field Cleaning.
(1)
Any person who kills any deer while hunting shall follow all Missouri
Department of Conservation guidelines regarding field dressing and
processing the animal.
(2)
Any person who kills any deer while hunting shall take all precautionary
measures to avoid field dressing the deer in a public or conspicuous
location.
(3)
Any person who field dresses or otherwise processes a deer shall
properly dispose of the discarded organs and/or body parts in plastic
bags in private trash depositories, or by other appropriate means.
Nothing contained herein shall authorize the illegal dumping of solid
waste or authorize the illegal dumping of bio-hazardous waste.
(4)
The transportation of a carcass along any public right-of-way is
prohibited, unless it is covered or hidden from public view.
(g)
Penalty for Violations.
(1)
Any person, entity, or group of individuals who shall perform an
act in violation of this Section, or who shall fail to follow the
rules and/or regulations contained in this Section, shall be deemed
to have committed a misdemeanor.
(2)
The penalty for violating any provision of this Section shall be
the assessment of a fine up to $1,000.00 per violation. In addition
to any fine imposed herein, the Municipal Court shall have authority
to issue a sentence of confinement in jail up to a period of ninety
(90) days per violation.
[Ord. No. 2478, 3-19-2019]
(a)
No person owning or having charge of any dog, cat, horse, mule, jennet,
bull, cow, sheep, hog, goat, chicken or goose, or any domesticated
pet of any kind, shall allow the same to run at large within the City.
(b)
All animals shall be securely contained to their owner's premises.
The owner shall protect the public from his/her animals. The assumption
of liability is upon the animal owner.
(c)
All animals shall be securely leashed or crated when off of the owner's
premises, and under the supervision of a person who is physically
capable of controlling the animal.
(d)
Parents who allow their child to lead an animal in public areas,
assume all liability for any accident, harm, or injury caused.
(e)
Animal owners who allow a child to lead their animal in public areas,
assume all liability for any accident, harm, or injury caused.
(f)
Owners walking their animals in public areas are required to pick
up, and properly dispose of stool waste deposited from their animals.
(g)
Any animal found running at large contrary to provisions of this
Chapter may be apprehended and impounded.
(h)
An animal that is actively engaged in a legal hunting activity, including
training, is not considered to be running at large if the dog is on
land that is open to hunting or on land on which the person has obtained
permission to hunt or to train a dog.
(i)
A dog that is in a dog-friendly area or dog park is not considered
to be running at large if the dog is being monitored or is under the
supervision of its owner.
[Ord. No. 2478, 3-19-2019]
(a)
It shall be unlawful for any person responsible for any animal to
allow it to create a nuisance.
(b)
An animal creates a nuisance if it:
(1)
Soils, defiles, or defecates on property other than property of the
person responsible for the animal unless such waste is immediately
removed by the person responsible.
(2)
Damages public property or property belonging to a person other than
a person responsible for the animal.
(3)
Is maintained in a manner that is offensive, annoying or dangerous
to the public health, safety or welfare of the community.
(4)
Causes a disturbance by excessive barking, growling, barring its
teeth, howling, meowing or other noise making.
(5)
Chases vehicles, including bicycles, on public property or property
not owned or leased by the owner or custodian of the animal.
(6)
Without reasonable provocation attacks, bites, growls or attempts
to attack or bite persons or other animals.
(7)
Impedes refuse collection, mail delivery, meter reading or other
public service activities.
(8)
Turns over, rummages through or damages a refuse container.
(9)
Trespasses on property not owned, leased or rented by the person
responsible for the animal.
(10)
Creates excessive odors or unsanitary conditions.
(11)
Creates land erosion.
(12)
Interferes with or impedes a pedestrian's use of a public street
or sidewalk, or a private sidewalk open to the residents of a subdivision
or a business.
(c)
It shall be unlawful for a person to own, maintain or keep more than
three (3) dogs of the age of four (4) months or older, or up to four
(4) cats of the age of four (4) months or older, or a combination
of a total of five (5) dogs and cats over the age of four (4) months
on any premises of less than two (2) acres.
(d)
It shall be unlawful for a person to own, maintain or keep any animals
in any zoning district that are not owned by that person or entity,
unless they have been licensed by the City to operate a dog day care
or animal boarding facility.
[Ord. No. 2478, 3-19-2019]
It shall be unlawful to sell, give or award, or offer for sale,
gift or award, eleven (11) or less of chickens, ducks, geese or other
domestic fowl under one (1) month of age. It shall be unlawful to
sell, give or award, offer for sale, gift or award, any live rabbit
less than six (6) weeks of age unless such sale, gift or award shall
include the sale, gift or award of the dam.
[Ord. No. 2478, 3-19-2019]
It shall be unlawful for any person to willfully and maliciously
or cruelly kill, maim, wound, beat or torture any dumb animal, whether
it belongs to himself or another; provided, that nothing herein contained
shall be construed to prohibit or interfere with any scientific experiments
or investigations; provided, further, that nothing in this Section
shall apply to the hunting or trapping of wild birds or animals, or
the lawful defense of a person or property.
[Ord. No. 2478, 3-19-2019]
It shall be unlawful for any person to confine, or cause to
be confined, in any pound, or other place, any animal or creature,
and fail to supply it during such confinement with sufficient food
and water, or to cruelly overwork any domestic animal, or to cruelly
drive or work any domestic animal when unfit for labor, or to unnecessarily
fail to provide any domestic animal with proper food, drink, shelter
or protection from the weather, or to abandon any domestic animal,
or to carry or cause any domestic animal to be carried or moved on
any vehicle or otherwise in an unnecessarily cruel or inhuman manner;
and it shall be unlawful for the owner of any domestic animal to cause
or knowingly permit the animal to be treated in any such manner as
described in this Section.
[Ord. No. 2478, 3-19-2019]
All female animals shall be kept securely confined in an enclosed
place while in heat.
[Ord. No. 2478, 3-19-2019]
The City Marshal, or other persons designated by the City or
under contract with the City to provide animal control, shall have
the power to catch, confine and impound dogs and other animals as
follows:
(a)
Any animal without a current rabies registration and vaccination
tag issued by the St. Louis County Health Department.
(b)
All female animals while in heat.
(c)
Animals affected with rabies and all dogs and other animals suspected
to be exposed to or affected with rabies, including dogs or other
animals known to have been bitten by a rabid animal, whether such
dog or other animal is running at large or on a leash.
(d)
Any animal running at large as defined in this Chapter.
(e)
Any animal that attacks, bites, attempts to bite or injuries any
person or animal without adequate provocation, or that creates a nuisance
as defined in this Chapter.
|
Animals impounded in accordance with this Section shall be impounded
under the direction and supervision of and in a manner satisfactory
to the City Marshal or his/her designee.
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[Ord. No. 2478, 3-19-2019]
(a)
When animals are apprehended and impounded, they shall be scanned
for the presence of a microchip and examined for other currently acceptable
methods of identification, including, but not limited to, identification
tags, tattoos, and rabies license tags. Any expense incurred shall
be paid by the owner of the animal. Every reasonable attempt shall
be made to contact the owner as soon as possible. If the animal has
been microchipped and the primary contact listed by the chip manufacturer
cannot be located or refuses to reclaim the animal, adoption, transfer,
or euthanization may proceed in accordance with the St. Louis County
policy.
(b)
The owner of any impounded animal shall make redemption thereof within
five (5) days of notification of the impound, by doing the following:
(1)
Presenting proof of current rabies inoculation;
(2)
Paying the cost to the City or St. Louis County for the board of
the animal for the period of impoundment;
(3)
Paying any court costs and fines, if applicable for any violations
of this Chapter that have been issued prior to the owner seeking redemption
of the animal;
(4)
Pay any and all veterinary or medical bills of the injured person
or domestic animal, arising out of an incident and the cost of any
property damage caused, including the cost of any animal killed by
a vicious animal; and
(5)
Provide proof of personal liability coverage in an amount of not
less than one hundred thousand dollars ($100,000.00), which covers
any injury or damage the animal may inflict or cause.
(c)
It shall be unlawful for any owner to fail or refuse to pick up or
redeem their animal, unless the animal is required to be euthanized,
in which case the owner shall pay the cost of euthanization and any
other expenses of the City associated with the impounding, identification
and care of the animal.
[Ord. No. 2478, 3-19-2019]
(a)
The City Marshal or a person designated by him/her shall dispose
of any dog or other animal affected with rabies and he/she shall have
the power to examine and impound any animal bitten by or exposed to
any animal affected with rabies. He/She shall have the power to require
the owners of such dogs to take necessary measures to prevent further
spread of rabies, and to dispose of any exposed animal if such necessary
measures are not taken by the owners in accordance with St. Louis
County Department of Health regulations.
(b)
Any animal which inflicts injury to another animal or causes serious
injury to a human being may be immediately impounded by the City Marshal
or a person designated by him/her, pending an investigation into the
circumstances. The owner shall be responsible for all costs associated
with impoundment.
[Ord. No. 2478, 3-19-2019]
It is unlawful for any person to conceal an animal or interfere
with the City Marshal or persons designated by him/her in the performance
of their legal duties as provided in this Chapter. The City Marshal
or persons designated by him/her shall have the right of entry to
any unenclosed lots or lands for the purpose of collecting any stray
or untagged dog or other animal. The City Marshal or his/her duly
appointed representative shall have the right of entry to any property
or premises within the City for the purpose of examining or obtaining
any dog suspected of having rabies or having been exposed to rabies
or a for impounding a vicious animal as defined herein.
[Ord. No. 2478, 3-19-2019]
(a)
"Owner" shall mean any person, firm, corporation, organization or
department possessing or harboring or having the care or custody of
an animal.
(b)
"Vicious Animals" shall mean:
(1)
Any animal with a known propensity, tendency or disposition to attack
unprovoked, to cause serious physical injury to, or otherwise threaten
the safety of human beings or domestic animals, or cause annoyance
to persons using public or private roads, streets or sidewalks when
unprovoked as defined herein, or to chase or molest persons when unprovoked;
or
(2)
Any animal which because of its size, physical nature or vicious
propensity is capable of inflicting serious physical harm or death
to humans and which would constitute a danger to human life or property
if it were not kept in the manner required by this Section; or
(3)
Any animal which, without provocation, habitually snaps at, growls,
attacks, bites or attempts to bite, or has attacked or bitten, a human
being or domestic animal; or
(4)
Any animal owned or harbored primarily or in part for the purpose
of animal fighting, or any animal trained for animal fighting.
(c)
Every owner of a vicious animal shall comply with all provisions
of this Chapter when taking the animal off the owner's premises
and shall confine the animal inside the owner's home or in an
enclosure. "Enclosure" means a fence or structure of at least six
(6) feet in height, forming or causing an enclosure suitable to prevent
the entry of young children, and suitable to confine a vicious dog
in conjunction with other measures that may be taken by the owner.
The enclosure shall be securely enclosed and locked and designed with
secure sides, top, and bottom and shall be designed to prevent the
animal from escaping from the enclosure. If the enclosure is a room
within a residence, it cannot have direct ingress from or egress to
the outdoors unless it leads directly to an enclosed pen and the door
must be locked. Any such enclosure shall comply with any setback in
each zoning classification.
(d)
The owner of a vicious animal shall display in a prominent place
on his/her premises a clearly visible warning sign indicating that
there is a vicious animal on the premises. A similar sign is required
to be posted on the pen or kennel of the animal.
(e)
It shall be unlawful for any person to keep or maintain any vicious
animal, as defined by this Chapter, without strictly complying with
the terms of this Section. The only times that a vicious dog may be
allowed out of the enclosure are: (1) if it is necessary for the owner
or keeper to obtain veterinary care for the dog, (2) in the case of
an emergency or natural disaster where the dog's life is threatened,
or (3) to comply with the order of a court of competent jurisdiction,
provided that the dog is securely muzzled and restrained with a leash
not exceeding six (6) feet in length, and shall be under the direct
control and supervision of the owner or keeper of the dog or muzzled
in its residence.
(f)
An animal shall not be declared vicious if:
(1)
The threat was sustained by a person who at the time was committing
a crime or offense upon the owner or family member of the animal or
was committing a willful trespass or other tort upon the premises
or property occupied by the owner of the animal;
(2)
The threatened person was abusing, assaulting, or physically threatening
the animal or its offspring;
(3)
The injured, threatened, or killed person or animal was attacking
or threatening to attack the animal or its offspring; or
(4)
The animal was protecting itself, its owner, custodian, or a member
of its household, kennel, or offspring.
(g)
The owner of any animal declared vicious herein shall obtain, and
keep in effect so long as he/she owns said animal, a policy of personal
liability coverage in an amount of not less than one hundred thousand
dollars ($100,000.00), which covers any injury or damage the animal
may inflict or cause.
(h)
The owner of any animal declared vicious herein shall have a microchip
installed in the animal within five (5) business days of notification
of the declaration.
[Ord. No. 2478, 3-19-2019]
It shall be unlawful for the owner to sell, transfer, or otherwise
place a vicious animal in the permanent possession of any other person,
including without limitation any animal shelter, without first notifying
that person that the animal has been designated a vicious animal and
notifying the jurisdiction to which the animal will be transferred
of the animal's designation as a vicious animal pursuant to this
Chapter, and the City of Eureka of the date of the transfer and the
name and address of the person or entity to whom the animal was transferred.
[Ord. No. 2478, 3-19-2019]
No person shall bring an animal to live in the City that has
been previously declared within another jurisdiction to have behaved
in a vicious or dangerous manner or a similar manner, or has been
designated within another jurisdiction as a vicious or dangerous animal
or any similar designation.
