[Ord. No. 2007-03 §1(5-24), 1-8-2007]
A.
Every
person owning, keeping, harboring or permitting a dog to remain on
his/her premises shall register and secure a license for such dog
if over the age of four (4) months. Dog licenses shall be issued by
the City Treasurer upon payment of the license fee not to exceed seven
dollars fifty cents ($7.50) for each spayed or neutered male or female
and a fee not to exceed fifteen ($15.00) for each unneutered male
or unspayed female. Application for a dog license shall be made by
the owner on a printed form, provided by the City for that purpose,
upon which he/she shall state his/her name and address and the name,
breed, color and sex of each dog owned or kept by him/her. Before
any dog license shall be issued, the owner shall present to the licensing
officer a certificate of vaccination from a licensed veterinarian
showing that such veterinarian has vaccinated the dog sought to be
licensed with an anti-rabies vaccine and certification from a veterinarian
verifying neutering or spaying. This provisions of this Article shall
not apply to a dog whose owner is a non-resident temporarily within
the City not to exceed thirty (30) days and not to "leader" dogs which
have been vaccinated and are trained and actually used to assist a
handicapped person. However, "leader" dogs may be registered by the
owner thereof, but no annual license fee shall be charged for same.
Licenses shall be issued for the calendar year beginning January first
(1st), after which the applicant shall be assessed a penalty of fifty
percent (50%) if the dog was of the age of four (4) months by March
first (1st). This licensing provision shall become effective for the
registration period beginning January 1, 2006.
B.
No
vicious dog shall be granted a license, unless the owner provides
proof of homeowner's or renter's insurance of not less than one hundred
thousand dollars ($100,000.00) for coverage against personal injury
or death of any person resulting from attack by a dog.
D.
Subject
to the above, if during the license period ownership of the dog is
transferred to the new owner upon making application to the City Treasurer,
the transfer fee shall be five dollars ($5.00).
[Ord. No. 2007-03 §1(5-25), 1-8-2007]
Upon payment of the license fee, the City Treasurer shall issue
to the owner a license certificate and a metallic tag for the dog
so licensed. The shape of the tag shall be changed each year and shall
have stamped thereon the year for which it was issued and the number
corresponding with the number of the certificate. Every owner shall
be required to provide each dog with a collar to which the license
tag shall be affixed and shall see that the collar and the tag are
worn constantly unless the dog, accompanied by owner, is engaged in
hunting or other sport where a collar might endanger the dog's safety.
In this instance the owner shall produce the tag or other proof of
ownership if so requested by the Animal Control Officer. In case a
dog tag is lost or destroyed, a duplicate shall be issued by the City
Treasurer upon presentation of a certificate showing the license fee
paid for the current year and the payment of three dollar ($3.00)
fee for such duplicate. Dog tags shall not be transferable from one
dog to another and no refunds will be made on any dog license tag
because of the death or loss of the dog or the owners leaving the
City before the expiration of the license period. No person shall
remove or cause to be removed the collar or tag from any dog without
consent of the owner or keeper thereof.
[Ord. No. 2007-03 §1(5-26), 1-8-2007]
It shall be a violation of the Code of the City of Chillicothe,
Missouri, for an owner or keeper of a dog (or cat) to let such dog
(or cat) run at large, which is defined to mean off the premises of
the owner and not under the control of the keeper, owner or responsible
member of the household of the keeper or owner. A dog (or cat) is
under control if it is under the immediate and effective restraint
of a responsible person.
[Ord. No. 2007-03 §1(5-27), 1-8-2007]
Any licensed dog found running at large in the City will be
humanely handled by the Animal Control Officer taken up and secured
at the animal control shelter. Notification will be made to the owner
of the dog's impoundment. The licensee or person making claim for
the dog shall be considered the owner or keeper of said dog by virtue
of the license application or the claim made and will be cited for
the offense of permitting a dog to run at large.
[Ord. No. 2007-03 §1(5-28), 1-8-2007]
Any dog running at large in the City of Chillicothe, Missouri, whose licensed applicant owner or keeper cannot be found or not wearing a collar bearing a dog license tag as provided and described herein, shall be taken up by the Animal Control Officer and impounded at some suitable place for one (1) week during which time it shall be the responsibility of the Animal Control Officer to see that such dog is fed and watered. If an unlicensed dog is found running at large, but its ownership is known to the Animal Control Officer, impoundment shall be in accordance with Section 205.330.
[Ord. No. 2007-03 §1(5-29), 1-8-2007]
A.
The
owner of a dog or other animal shall be entitled to resume possession
of any impounded dog or other animal before it is disposed of, upon
compliance with the license provisions herein and the payment of the
impoundment fees set forth in this Article. The Animal Control Officer
shall require that such dog be vaccinated with anti-rabies vaccine
as a condition for the release of such dog and may require such other
vaccinations of the animal when deemed necessary.
B.
Any
pet impounded under the provisions of this Chapter may be redeemed
by the owner or keeper upon payment of a redemption fine of thirty-five
dollars ($35.00) plus an additional fine of ten dollars ($10.00) per
day of impoundment or any fraction thereof to offset the costs of
impoundment for the first (1st) offense. The second (2nd) offense
shall require a sixty dollar ($60.00) redemption fine and an additional
fine of ten dollar ($10.00) per day of impoundment or any fraction
thereof, to offset the costs of impoundment. The third (3rd) offense
and every offense thereafter in any calendar year shall require a
one hundred dollar ($100.00) redemption fine and an additional fine
of ten dollars ($10.00) per day of impoundment or any fraction thereof
to offset the costs of impoundment.
C.
Dogs
or other animals not claimed in a timely fashion may be adopted upon
payment of an amount not less than that due the City as redemption
fees for a first (1st) time offense.
[Ord. No. 2007-03 §1(5-30), 1-8-2007]
Any dog or cat impounded under the provisions of this Article
and not reclaimed by the owner within one (1) week may be humanely
destroyed by a veterinarian or a qualified person designated by the
City by injection of a substance that is considered to be humane or
placed in the custody of some responsible and suitable owner who will
comply with the provisions of this Article and pay the adoption fees
and if such dog or cat is an unspayed female, will agree to have such
female spayed within ninety (90) days. Diseased or dying dogs or cats
may be humanely destroyed at the time of collection, except that if
the owner can be discovered from the tags on the animal, he/she will
be notified prior to disposing of the animal.
[Ord. No. 2007-03 §1(5-32), 1-8-2007]
A.
Required Confinement And Notice Of Authorities. Any animal
that shall bite any person or other animal, causing an abrasion of
the skin, shall be immediately confined for a period of ten (10) days
by the Animal Control Officer. It shall be the duty of the person
owning, harboring or permitting any animal to be about his/her premises
to notify the Animal Control Officer immediately upon knowledge or
notice that such animal has bitten any person or other animal and
if such animal has been or will be delivered to a veterinarian.
B.
Required Immediate Veterinarian Examination. All animals
subject to confinement will as quickly as practicable be transported
by the owner or, if the owner is unavailable or unwilling, by the
Animal Control Officer to a licensed veterinarian for examination.
All costs associated with this procedure shall be the obligation of
the owner of the animal.
C.
Home Confinement. If upon examination the first (1st) offender
animal is free of apparent signs of central nervous system disease
and has received rabies vaccination more than thirty (30) days prior
to the bite and not more remotely than one (1) year or has received
a vaccination more remotely than one (1) year and has a certificate
from a licensed veterinarian certifying the continuing effectiveness
of such vaccination, the owner, with facilities to and who will assure
the Animal Control Officer of his/her confinement to do so, will be
permitted to confine the animal examined by a licensed veterinarian
on the tenth (10th) day, with reports of the examination to be made
expeditiously to the Police Department. If in-home confinement of
an animal is not maintained, it will be picked up by the Animal Control
Officer and confined in the facilities of a licensed veterinarian.
D.
Veterinarian Confinement. In all cases other than those described in Subsection (C) above, the animal will be confined in the facilities of the licensed veterinarian.
E.
Payment Of All Veterinarian Charges. All inspection confinement charges of the veterinarian will be paid by the person owning or harboring the animal. If the animal is not claimed by the owner at the end of confinement period, the animal will be impounded by the City and released to the owner only upon payment of all veterinary charges and fees in Section 205.350. If not claimed within one (1) week, Section 205.360 will apply.
F.
Disposition Of Animal Without Quarantine Observation Prohibited. It shall be unlawful for any person with notice or knowledge that an animal owned, harbored or permitted to remain about his/her premises has bitten any person, to dispose of such animal in any manner and a violation of the terms of this Section shall be deemed a violation subject to punishment under Section 100.340 of this Code.
G.
Death While Confined — Duty To Notify Police Department. The Animal Control Officer or a veterinarian or owner shall notify
the Police Department immediately of the death of any animal while
under his/her observation or care. All animals which have bitten any
person shall be secured in such a manner so as to prevent their biting
other animals while such animal remains in the City pound or in the
care of a veterinarian.
H.
Destruction Of Dangerous Animal Prior To Quarantine — Laboratory
Examination Of Brain. If any dangerous, fierce or vicious
animal cannot be safely taken up or impounded, such animal may be
slain by any Police Officer. In all cases where the animal has bitten
a person or caused an abrasion of the skin is slain by any Police
Officer, whether by order of court or otherwise, and a period of less
than fifteen (15) days has elapsed since the day upon which such animal
bit any person or caused an abrasion of the skin of any person, it
shall be the duty of the Chief of Police to cause to be delivered
without delay, the head with brain of such animal to the State Division
of Health laboratory or other authorized laboratory for analysis.
I.
Emergency Epidemic Controls. It shall be the duty of the
Mayor, whenever in his/her opinion the danger to the public safety
from rabid animals is great and imminent, to publish his/her proclamation
order requiring all persons owning, keeping or harboring any animal
to securely muzzle or confine same for the period prescribed in the
proclamation. All animals not so muzzled or confined during such period
shall be presumed to be an abandoned or unknown animal.
J.
Disposition Of Animal Bitten Or Scratched By Another Animal. If an animal which has either not been vaccinated for rabies or
has not received timely booster vaccinations for same is bitten or
scratched by an animal adjudged to be rabid, such animal shall be
forthwith destroyed or held under ten (10) days quarantine by the
owner in the same manner as other animals are quarantined. If an animal
which has been vaccinated for rabies is bitten or scratched by an
animal adjudged to be rabid, such animal be given a rabies booster
vaccination and shall be watched for abnormal behavior for a period
of thirty (30) days. If an animal is bitten or scratched by an animal
and it is not known whether that animal is rabid, the bitten or scratched
animal shall be quarantined for a period of ten (10) days.
K.
Disposition Of Animals After Quarantine. Any animal which
becomes rabid during the period it is confined shall be killed and
the Health Officer may order the Chief of Police to deliver the head
with the brain of such animal to the State laboratory or other authorized
laboratory for analysis.
[Ord. No. 2007-03 §1(5-33), 1-8-2007]
No person will own, keep, possess or harbor an animal which
has a history of inflicting to any human being injury on two (2) separate
incidents reported to the Animal Control Officer unless it can be
proven that the animal was defending itself against unwarranted harassment
by a human. No Section of this Chapter shall be construed as preventing
a person from exercising reasonable self-defense tactics to prevent
an animal attack.
[Ord. No. 2007-03 §1(5-34), 1-8-2007; Ord.
No. 2022-40, 5-9-2022]
A.
If
the Animal Control Officer or City Police declares that a dog is a
vicious dog, the Animal Control Officer shall dispose of the dog as
follows:
1.
If the Animal Control Officer finds that the dog made a severe [defined as one in which the dog repeatedly bit or vigorously shook its victim or the victim suffered bodily injury characterized by severe bite wounds, broken bones, lacerations, or severe ripping or tearing at muscle that would require reasonably prudent person to seek medical aid or attention] or fatal attack upon a human being or domestic animal, the Animal Control Officer shall cause the dog to be humanely euthanized as set out in Subsection (C) herein.
2.
If the Animal Control Officer finds that the dog had been provoked
to make a severe [as defined above] or fatal attack upon a human being
or domestic animal, the Animal Control Officer shall either cause
the dog to be humanely destroyed or return the dog to its owner subject
to the owner's written agreement to control the dog as provided below.
The agreement may include a provision that if the animal attacks again,
it shall be humanely euthanized.
3.
The Animal Control Officer has discretion to dispose of all other
dogs declared to be vicious either by causing them to be humanely
euthanized or returned to its owner subject to the restrictions as
provided in below, after giving notice and an opportunity to be heard
to the dog's owner as provided in below.
B.
Before
the Animal Control Officer returns a vicious dog to its owner, the
Animal Control Officer shall secure that owner's written agreement
to control the dog as provided herein.
1.
Any vicious dog shall wear at all times a bright collar with the
words "Vicious Dog" embroidered or stamped on the collar so the dog
can readily be identified as a vicious dog. The owner, at his/her
expense, shall allow a veterinarian chosen by the Animal Control Officer
to implant a microchip identification in the dog.
2.
The owner or custodian of the vicious dog shall notify the Animal
Control Office immediately if the dog is loose or missing or has attacked
another animal or human being.
3.
The owner or custodian of the vicious dog shall notify the Animal Control Office within twenty-four (24) hours if the dog has died or has been sold or given away to a new owner or custodian. The owner or custodian transferring custody to a new owner or custodian shall comply with the notice provisions of Subsection (C). If the dog has been sold or given away, the owner or custodian shall provide the Animal Control Office with the name, address and telephone number of the new owner or custodian. The new owner or custodian, if the animal is kept within Chillicothe, must comply with the requirements in this Chapter for keeping a vicious animal.
4.
While on its owner's property, a vicious dog must be securely confined
indoors or in a securely enclosed and locked pen or structure, suitable
to prevent the animal from escaping. Such a pen or structure must
have a minimum dimension of five (5) feet by ten (10) feet, must have
strong, secure sides and a secure top. If it has no bottom secured
to the sides, the sides must be embedded into the ground no less than
twelve (12) inches. The enclosure must also provide adequate shelter
from the elements. The enclosure, when occupied by a vicious dog,
shall not be occupied by any other animal, unless the vicious dog
is a female with young under three (3) months of age, in which case
the young may occupy the same enclosure as the mother.
5.
No vicious dog may be kept in any area of the owner's property that
would allow the dog to exit easily (i.e., behind screen doors or screened
windows), nor may any vicious dog be pully chained without a physical
barrier to prevent contact with other animals or people or the escape
of the dog.
6.
A sign indicating the presence of a vicious dog shall be present
at and large enough to read from any public thoroughfare from which
the property is entered and the owner or custodian of the dog shall
post a notice conspicuously visible to the public at each entrance
to the premises and on each side of the dog's enclosure, if any, reading
in letters not less than two (2) inches high "VICIOUS DOG - BEWARE."
A sign with a picture of a growling dog shall also be displayed at
all places where the notice of vicious dog is posted. Any sign shall
be approved in advance, in writing, by the Animal Control Officer
and a copy of the approved sign shall be maintained in the Animal
Control's file on the dog.
7.
A vicious dog may be off the owner's premises only if it is securely
muzzled and on a strong leash no more than four (4) feet long and
under the control of a competent person.
8.
The owner or custodian of a vicious dog shall present to the Animal
Control Office proof that the owner or custodian has procured liability
insurance to include bodily injury and property damage in the amount
of at least one hundred thousand dollars ($100,000.00). Such insurance
shall be for an initial period of twelve (12) months and must be continuously
renewed without a break in coverage for as long as the vicious dog
lives or is kept in Chillicothe. This policy shall contain a provision
requiring the City to be notified by the issuing company at least
ten (10) working days prior to any cancellation, termination, or expiration
of the policy.
9.
All owners or custodians of vicious dogs must, within ten (10) days
of such declaration, provide the Animal Control Office with two (2)
sets of color photographs of the vicious dog, one (1) of each side
and showing the color and approximate size of the dog. The owners
or custodians shall in addition provide the following information:
The dog's name or names and the name, address and phone number of
the dog's veterinarian.
10.
All owners or custodians of vicious dogs must, within ten (10) days
of such declaration, have the dog spayed or neutered and must provide
evidence of such spaying or neutering from a duly licensed veterinarian
to the City.
11.
Any dog not controlled as provided in this Subsection shall be subject
to immediate seizure and impoundment for ten (10) days for the owner
or custodian to comply with this Subsection. If the owner or custodian
does not comply with this Subsection within such time, then the dog
shall be euthanized.
C.
The
Animal Control Officer shall give owners of dogs declared to be vicious
notice of the Animal Control Officer's declaration and intended disposition
of the dog, as provided herein.
1.
Notice Of Declaration Of Vicious Dog And Of Disposition. Immediately
upon determining that a dog is vicious, and at least ten (10) business
days prior to any humane euthanasia of any such dog, the Animal Control
office shall notify the dog's owner, if known, or known custodian
if the owner is unknown or unable to be contacted, of the declaration
and of any scheduled euthanasia. The notice shall state the owner's
right to request a hearing before the City Administrator of any determination
made by the Animal Control Officer by submitting a written request
for hearing to the Animal Control Officer within five (5) business
days of receiving the aforesaid notice.
2.
Hearing. Upon timely receipt of the written request submitted pursuant to Subsection (C)(1), above, the Animal Control Officer shall schedule a hearing at which all interested parties may be heard, including the owner, individuals possessing knowledge of the characteristics of the dog in question, and any other individuals who may come into contact with the dog if it is not destroyed. After all parties have an opportunity to be heard, the City Administrator shall make the final determinations as to whether a dog is a vicious dog and what its disposition shall be under the provisions of this Chapter. The City Administrator's determination and decision is final for all purposes, and there shall be no further administrative relief available.
D.
The
Animal Control Officer may declare a dog to be vicious because of
its prior acts even after its owner or custodian has removed it from
the City. Such a dog may not be returned to the City.
E.
Should
the Animal Control Officer receive from any court of competent jurisdiction
a stay of an order of euthanasia on a dog, the dog shall remain impounded
in the City animal facility until the court has issued its final order.
F.
The penalty imposed for any violation of Section 205.390 shall be a fine of no less than one hundred dollars ($100.00) and up to five hundred dollars ($500.00). Further, any person in violation of Section 205.390 shall have no less than five (5) and no more than ten (10) days to remove the animal from the City. Failure to do so shall result in the euthanasia of the animal at the owner's expense.
[Ord. No. 2007-03 §1(5-35), 1-8-2007]
It shall be unlawful for any person to own, keep or harbor any
animal which, by loud, frequent or habitual barking, howling or yelping,
shall annoy or disturb any neighborhood or person or by habitually
jumping upon or threatening any person at any location other than
on the owner's property or shall cause persons thereon to be put in
fear of injury or habitually spreads garbage or habitually attacks
other domestic animals, pets or domestic fowls.
[Ord. No. 2007-03 §1(5-36), 1-8-2007]
It shall be unlawful for any person to own, keep or harbor any
animal which repeatedly does damage to shrubs, gardens or property.
[Ord. No. 2007-03 §1(5-37), 1-8-2007]
It shall be unlawful for any owner, keeper or person harboring
any female dog or cat to permit or suffer her to run at large within
the City while she is in heat, whether she has the collar or tag required
by the Article on her or not. If the owner of such female dog or cat
cannot be immediately found, such dog shall be impounded by any Police
Officer. Every female dog or cat in heat shall be kept confined in
a building or secure enclosure or in a veterinary hospital or boarding
kennel in such manner that such female dog or cat cannot come in contact
with another animal, except for breeding purposes.
[Ord. No. 2007-03 §1(5-38), 1-8-2007]
It shall be unlawful for any person to own, keep, harbor or
permit a dog on his/her premises that does not have current and effective
vaccination against rabies.
