The following words when used in this Chapter shall have the
meanings set out herein.
DOGS or CATS
Shall be held and construed to mean all animals of the canine
or feline species, both male and female.
OWNER or KEEPER
Shall be held and construed to mean any person having a right
of property in a dog or cat, or who keeps or harbors a dog or cat,
or who has it in his/her care, or acts as its custodian, or who knowingly
permits a dog or cat to remain on or about any premises owned or occupied
by him/her.
PIT BULL DOG
Shall be held and construed to mean any and all of the following
dogs:
1.
The Staffordshire Bull Terrier breed of dogs.
2.
The American Staffordshire Terrier breed of dogs.
3.
The American Pit Bull Terrier breed of dogs.
4.
Dogs which have the appearance and characteristics of being
predominately of the breeds of the dogs known as Staffordshire Bull
Terrier, American Pit Bull Terrier, or American Staffordshire Terrier.
RUNNING AT LARGE
Shall be held and construed to mean suffering a dog or cat
to be off the private premises of the owner or keeper, or his/her
agent or servant, and not on a leash or confined to the arms, motor
vehicle, trailer or other conveyance of the owner or keeper, his/her
agent or servant.
SERIOUS PHYSICAL INJURY
Shall be held and construed to mean physical injury that
creates a substantial risk of death or that causes serious disfigurement
or protracted loss or impairment of the function of any part of the
body.
TRESPASSER
Shall be held and construed to mean a person upon the premises
of the owner or keeper of the dog in question without license or privilege
to be upon said premises.
UNRESTRAINED DOG
Shall be held and construed to mean any dog running at large,
or, a dog on the premises of its owner or keeper but not confined
to said premises by a leash, fence, structure or other means, that
would prevent the dog from leaving such premises.
VICIOUS DOG
Shall be held and construed to mean any of the following
dogs:
1.
Any dog, whether or not running at large, and whether or not
unrestrained, that without provocation has bitten any person not a
trespasser causing serious physical injury to that person.
2.
Any unrestrained dog, whether or not running at large, that
without provocation has attempted to bite any person not a trespasser
which would cause serious physical injury to that person.
3.
Any unrestrained dog, whether or not running at large, that
without provocation has placed any person not a trespasser in apprehension
of immediate serious physical injury.
4.
Any dog that has killed another dog, cat or other domestic animal
without provocation.
The owner or keeper of any dog or cat in the City of Lockwood,
is hereby required to have such animals vaccinated against rabies
by a licensed veterinarian and to procure a certificate of such vaccination
from the veterinarian and to present such certificate to the City
Clerk on or before June thirtieth (30th) of each year; and the City
Clerk shall register such certificate, which registration shall remain
in force until the June thirtieth (30th) next following said registration;
and upon registration, the City Clerk shall issue a tag evidencing
the registration and certificate of vaccination, and the owner or
keeper shall securely attach the tag so issued to a collar to be worn
continuously by the animal for which the tag was issued. It shall
be unlawful for the owner or keeper of any dog or cat to permit such
animal to remain in the City of Lockwood unless wearing the tag above
provided for herein.
[Ord. No. A-611, 5-9-2022]
A. It shall be unlawful for the owner or keeper of any dog or cat to permit the same to run at large within the City of Lockwood at any time. Any dog or cat found without the tag provided in Section
205.020, and any dog or cat found running at large shall be impounded. There shall be a penalty for the violation of this Section and fee for impoundment as follows:
1. Fifty dollars ($50.00) for a first offense for any animal.
2. One hundred dollars ($100.00) for a second offense for any animal.
3. Upon a third offense for the same animal that is not a Vicious Dog
as defined by this Chapter, the animal shall be taken to a no kill
shelter and the owner charged a fee of two hundred dollars ($200.00).
If the animal is a Vicious Dog as defined under this Chapter, such
animal shall be euthanized at the owner's expense upon a third offense.
[Ord. No. A-571, 7-13-2020; Ord.
No. A-575, 7-22-2020]
A. The
owner or possessor of any vicious animal shall provide the City with
the name and address of the owner or possessor of the dog, the address
of the location where the dog is kept, and color photograph of a size
not less than three (3) inches by four (4) inches of the dog.
B. No
person shall own, possess, keep, harbor or allow to be in or upon
his/her premises any vicious animal unless it is done in conformity
with this Chapter.
1. Vicious animals shall be securely confined indoors or in a securely
enclosed and locked kennel or cage.
a. The kennel or cage shall be of a size appropriate to the size of
the animal kept therein and shall provide adequate ventilation, shade
from the sun and protection from the elements. In the event of a dispute
over the appropriate size, the guidelines of the United States Department
of Agriculture shall apply.
b. The kennel or cage must have secure sides and a secure top attached
to the sides. Such kennel or cage must have a secure bottom or floor
attached to the sides or the sides must be embedded in the ground.
c. The kennel or cage must be locked with a key or combination lock
when such animals are within the structure.
d. Any such kennel or cage must be located at least ten (10) feet from
any property line and must comply with all zoning and building regulations
of the City.
e. Kennels for vicious animals must be at least six (6) feet in height
and, unless a secure bottom or floor is attached to the sides, the
sides must be embedded in the ground no less than two (2) feet.
f. Any enclosure, structure, or vehicle used to confine a vicious animal
must be locked or otherwise secured against accidental entry by people
or domestic animals while the vicious animal is within. Notwithstanding
the provisions of Sections 5-15 and 5-16, housing a vicious animal
in a vehicle for purposes other than transport shall be a violation
of these provisions requiring adequate confinement of any vicious
animal.
g. Should any enclosure, structure, or vehicle used to confine a vicious
animal fail to confine the vicious animal or allows escape, there
shall arise a rebuttable presumption that the owner has failed to
take adequate measures to confine the vicious animal in accordance
with this Section.
2. When confined indoors, no vicious animal may be kept on a porch,
patio or in any part of a house, building or structure that would
allow the animal to exit such building on its own volition. No such
animal may be kept in a house, building or structure when the windows
are open. No vicious animal may be kept in a house, building or structure
when screen windows or screen doors are the only obstacle preventing
the animal from exiting the structure.
3. No person shall permit a vicious animal to go outside its kennel,
cage or secure structure unless that person has the animal securely
leashed on a leash no longer than four (4) feet in length and that
person has physical control of the leash. Such animals shall not be
tied to stationary objects such as railings, fences, trees, posts,
or buildings. Additionally, all such animals on a leash outside the
animal's kennel, cage or secure structure must be muzzled by a muzzling
device sufficient to prevent the animal from biting persons or other
animals.
4. A sign or signs, written in legible English, shall be conspicuously
posted upon the kennel or cage of any vicious animal with letters
at least two (2) inches high containing a warning to beware of the
vicious animal.
5. All owners keepers or harborers of any vicious animal must maintain
in effect public liability insurance in a single incident amount of
not less than one hundred thousand dollars ($100,000.00) for bodily
injury to or death of any person or persons, or for damage to property
owned by any persons which may result from the ownership, keeping
or maintenance of such animal. All owners, keepers or harborers of
vicious animals shall present to the Animal Control Officer upon request
of the Animal Control Officer a statement certifying that they have
the required insurance policy in effect. Certification of the insurance
required by this Chapter shall be submitted within ten (10) days following
the Animal Control Officer's request. Such insurance policy shall
provide that no cancellation of the policy will be made unless ten
(10) days' written notice is first given to the City Clerk.
C. Any
vicious animal which is found within the City limits which is not
being kept in a manner which is not in compliance with this Chapter,
or for which the requirements to keep a vicious animal have not been
conformed to, shall be immediately taken up and held by the Mayor,
City Clerk, or other designated official for at least ten (10) days
or until such time as the Mayor, City Clerk, or other designated official
is satisfied that the owner or possessor has met the requirements
of this Chapter. Failure to comply with this Chapter shall authorize
the Mayor, City Clerk, or other designated official to destroy the
animal.
1. Any person having or claiming ownership or possession of a vicious
animal, which the Mayor, City Clerk, or other designated official
has ordered to be taken up and held under the provisions of this Subsection,
shall upon request immediately deliver the animal to the Mayor, City
Clerk, or other designated official. Failure to deliver the animal
as required herein shall be a violation of this Code, punishable by
a fine of not less than fifty dollars ($50.00), nor more than five
hundred dollars ($500.00).
2. The costs of caring for any animal taken up pursuant to this Subsection
shall be borne by the owner, at the usual rates charged by the City,
unless there is a subsequent finding that the animal was unlawfully
seized.
3. The owner may request a hearing before the Mayor to review the decision
that the owner has not complied with the requirements to keep a vicious
animal, provided that such request must be received by the Mayor,
City Clerk, or other designated official within ten (10) days of the
date that the animal is taken up by the Mayor, City Clerk, or other
designated official. If such a request is made, the Mayor shall promptly
set a hearing on the matter. The hearing shall be conducted by the
Mayor and shall be to determine whether under the terms of this Chapter
the owner is in compliance with all requirements under this Chapter
for keeping a vicious animal.
4. In determining whether the animal is being kept in compliance with
this Chapter, the Mayor may consider all relevant evidence.
5. Any person aggrieved by a decision of the Mayor may appeal his/her
decision to the Circuit Court of Dade County.
D. Any
case filed under this Section shall be filed in the Circuit Court
of Dade County.
E. If the Animal Control Officer has cause to believe than an animal is a vicious animal, as defined in this Chapter, due to an attack or biting incident, then the Animal Control Officer, in his/her discretion and in the interest of public safety, may immediately confiscate said animal to be confined in the City animal shelter for a period of ten (10) days, except as provided in Subsection
(E)(2).
1. Upon written request of the animal's owner, any animal confined under
this Section may be transferred to a licensed veterinarian or animal
hospital for the remainder of the observation period. The animal's
owner is responsible for all costs associated with the observation
period, including but not limited to boarding, food, fines, expenses,
and/or fees, and in no case shall the City be held responsible for
these or any other costs associated with this Subsection.
2. Whether the animal is confined with a licensed veterinarian, animal
hospital, or the City animal shelter, if the observation period is
completed without incident, the animal may be released to the owner
following full payment of all court costs, fines, fees, and/or expenses
associated with the confinement. However, the owner may not remove
the animal from the City limits if a case regarding the attack or
biting incident is pending before the Dade County Circuit Court.
3. Animals left unclaimed more than ten (10) days following the observation
period will be disposed of at the discretion of the Mayor, City Clerk,
or other designated official, unless the Circuit Court has ordered
that the animal continue to be confined, in which case the animal
may only be released to the owner following disposition of the Circuit
Court case.
F. If
the Mayor, City Clerk, or other designated official has cause to believe
than an animal is a vicious animal, as defined in this Chapter, then
the Mayor, City Clerk, or other designated official may, in his/her
discretion and in the interest of public safety, declare the animal
to be a vicious animal, provided, however, that any such order shall
not be effective until at least ten (10) days after notice is served
on the owner.
1. The owner may request a hearing before the Mayor, City Clerk, or
other designated official to review such a decision, provided that
such request must be made within ten (10) days. If such a request
is made, the Mayor, City Clerk, or other designated official shall
promptly set a hearing on the matter. The hearing shall be conducted
by the Mayor, City Clerk, or other designated official and shall be
to determine whether under the terms of this Chapter the animal in
question is vicious.
2. In determining whether the animal is vicious, the Mayor, City Clerk,
or other designated official may consider all relevant evidence, including
the size and breed of the dog and the history of the dog.
3. Any person aggrieved by a decision of the Mayor, City Clerk, or other
designated official may appeal his/her decision to the Circuit Court
of Dade County.
G. Upon a finding that an animal is a vicious animal, and upon the completion of the notice period and any appeal as described in Subsection
(F) above, the Mayor may order the Animal Control Officer to forthwith take up and put to death such vicious animal.
It shall be the duty of the Chief of Police, the City Police, and any other person of the City of Lockwood, especially designated by the Board of Aldermen and the Mayor for such purpose, to take up any dog or cat without the tag provided in Section
205.020, any dog or cat running at large, or any vicious dog in violation of Section
205.040 above, and to impound the same. In effecting the capture of any dog or cat, the officers aforesaid are authorized and directed to use traps, nets, tranquilizer guns or any other humane method.
Any officer performing duties under this Chapter shall be compensated
from the City Treasury as provided from time to time by the Board
of Aldermen. Such officer shall account to the City for all sums collected
from owners or keepers under this Chapter, and pay same into the City
Treasury. Costs of feeding and keeping dogs or cats impounded shall
be paid from the City Treasury.
Every officer impounding a dog or cat under this Chapter shall,
within twenty-four (24) hours after such impounding, enter upon a
registry open to the public, and in plain public view at the City
Hall of the City, a description of such dog or cat, including breed,
color, and approximate size, and the date apprehended, and if the
owner or keeper is known, the name and address of such owner or keeper;
or the owner or keeper shall be given actual notice of the impoundment
of such dog or cat before disposition of such dog or cat.
[Ord. No. A-569, 6-16-2020]
The owner or keeper of any dog or cat impounded under this Chapter
may reclaim the same by paying to the City Clerk or other official
especially designated to receive the same, a sum sufficient to reimburse
the City for its costs in impounding such dog or cat and keeping it
impounded, and must complete licensing of the animal with the City
prior to release of said animal.
It shall be the duty of any officer impounding any dog or cat under this Chapter to keep the same impounded for a period of seven (7) days, unless such dog or cat shall be reclaimed by his/her owner or keeper under Section
205.080 of this Chapter. If, after the expiration of seven (7) days from the date of such impoundment, such dog or cat shall not have been reclaimed, the same shall be disposed of or destroyed in a humane manner.
A. A person
is guilty of animal neglect when he/she has custody or ownership or
both of an animal and fails to provide adequate care or adequate control,
including, but not limited to, knowingly abandoning an animal in any
place without making provisions for its adequate care which results
in substantial harm to the animal.
B. Animal
neglect is a misdemeanor. All fines and penalties for a first (1st)
conviction of animal neglect may be waived by the court provided that
the person found guilty of animal neglect shows that adequate, permanent
remedies for the neglect have been made. Reasonable costs incurred
for the care and maintenance of neglected animals may not be waived.
[Ord. No. A-377 §1, 10-15-2007]
A. A person
is guilty of animal abuse when a person:
1. Intentionally or purposely kills an animal in any manner not allowed
by or expressly exempted from the provisions of Sections 578.005 to
578.023 and 273.030, RSMo.;
2. Purposely or intentionally causes injury or suffering to an animal;
or
3. Having ownership or custody of an animal knowingly fails to provide
adequate care or adequate control.
Any person who shall keep or use, or in any way be connected
with or interested in the management of, or shall receive money for
the admission of any person to, any place kept or used for the purpose
of fighting or baiting any bull, bear, cock or other creature, and
any person who shall encourage, aid or assist or be present thereat,
or who shall permit or suffer any place belonging to him/her or under
his/her control to be so kept or used, shall, on conviction thereof,
be guilty of a misdemeanor.
[Ord. No. 255 §§1 —
8, 9-12-1994]
A.
Definitions. The
words used in this Section shall have the following definitions:
PIT BULL DOG
1.
The bull terrier breed of dog;
2.
Staffordshire Bull Terrier breed of dog;
3.
The American Pit Bull Terrier breed of dog;
4.
The American Staffordshire Terrier breed of dog;
5.
Dogs of mixed breed or other breeds than listed which breed
or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers;
6.
Any dog which has the appearance and the characteristics of
being predominantly of the breeds of bull terriers, Staffordshire
Bull Terrier, American Pit Bull Terrier, American Staffordshire Terrier,
and other breed commonly known as pit bulls, pit bull dogs or pit
bull terriers, or a combination of breeds.
B. Unlawful. It shall be unlawful to keep, harbor, own or in any way possess a pit bull dog within the City limits of Lockwood, Missouri, except that pit bull dogs located within the City upon strict compliance with the standards and requirements set forth in Subsection
(C) herein.
C. Standards And Requirements. The following standards and
requirements shall apply to pit bull dogs located within the City
limits upon the effective date of this Section, September 12, 1994.
1. Registration. Within thirty (30) days after the
passage of this Section, every keeper or owner of a pit bull dog in
the City shall register said dog with the City Clerk of the City on
the "pit bull" registry. Failure to register shall constitute a violation
of this Section.
2. Leash and muzzle. No person shall permit a registered
pit bull dog to go outside its kennel or pen unless such dog is securely
leashed with a leash no longer than four (4) feet in length. No person
shall permit a pit bull dog to be kept on a chain, rope, or other
type of leash outside its kennel or pen unless a person is in physical
control of the leash. Such dogs may not be leashed to inanimate objects
such as trees, posts, buildings, etc. In addition, all pit bull dogs
on a leash outside the animal's kennel must be muzzled by a muzzling
device sufficient to prevent such dog from biting persons or other
animals.
3. Confinement. All registered pit bull dog shall be
securely confined indoors or in a securely enclosed and locked pen
or kennel, except when leashed and muzzled as above provided. Such
pen, kennel, or structure must have secure sides and a secure top
attached to the sides. All structures used to confine registered pit
bull dogs must be locked with a key or combination lock when such
animals are within the structure. Such structure must have a secure
bottom or floor attached to the sides of the pen or the sides of the
pen must be embedded in the ground no less than two (2) feet. All
such structures must be adequately lighted and ventilated and kept
in a clean and sanitary condition.
4. Confinement indoors. No pit bull dogs may be kept
on a porch, patio, or in any part of a house or structure that would
allow the dog 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 dog from exiting the structure.
5. Sign. All owners, keepers or harborers of registered
pit bull dogs within the City shall within ten (10) days of the effective
date of this Section, September 12, 1994, display in a prominent place
on their premises a sign easily readable by the public, in letters
no less than two (2) inches high, using the words "Beware of Dog".
In addition, a similar sign is required to be posted on the kennel
or pen of such animal.
6. Insurance. All owners, keepers or harborers of registered
pit bull dogs must within ten (10) days of the effective date of this
Section, September 12, 1994, provide proof to the Lockwood City Clerk
of public liability insurance in a single incident amount of fifty
thousand dollars ($50,000.00) for bodily injury to or death of any
person or persons or for damage to property owned by any person or
persons which may result from the insurance policy shall provide that
no cancellation of the policy will be made unless ten (10) days' written
notice is first given to the Lockwood City Clerk.
7. Identification photographs. All owners, keepers,
or harborers of registered pit bull dogs must within ten (10) days
of the effective date of this Section, September 12, 1994, provide
to the City Clerk two (2) color photographs of the registered animal
clearly showing the color and approximate size of the animal.
8. Reporting requirements. All owners, keepers, or
harborers of registered pit bull dogs must within ten (10) days of
the incident, report the following information in writing to the Lockwood
City Clerk as required hereinafter:
a. The removal from the City or death of a registered pit bull dog;
b. The birth of offspring of a registered pit bull dog;
c. The new address of a registered pit bull dog owner should the owner
move from one (1) address within the City limits to another address
within the City limits.
D. Sale Or Transfer Of Ownership Prohibited. No person shall
sell, barter or in any other way dispose of a pit bull dog registered
with the City to any person within the City limits unless the recipient
person resides permanently in the same household and on the same premises
as the registered owner of such dog; provided that the registered
owner of a pit bull dog may sell or otherwise dispose of a registered
dog or the offspring of such dog to persons who do not reside within
the City.
E. Animals Born Of Registered Dogs. All offspring born of pit
bull dogs registered within the City must be removed from the City
within six (6) weeks of the birth of such animal.
F. Failure To Comply. It shall be unlawful for the owners,
keepers, or harborers of a pit bull dog registered with the City of
Lockwood to fail to comply with the requirements and conditions set
forth in this Section. Any dog found to be the subject of a violation
of this Section shall be subject to immediate seizure and impoundment.
In addition, failure to comply will result in the immediate removal
of the animal from the City.
G. Violations And Penalties. Any person violating or permitting
the violation of any provision of this Section shall upon conviction
in Municipal Court be fined a sum not less than two hundred dollars
($200.00) and not more than five hundred dollars ($500.00). In addition
to the fine imposed, the court may sentence the defendant to imprisonment
for a period not to exceed thirty (30) days. In addition, the court
shall order the registration of the subject pit bull revoked and the
dog removed from the City. Should the defendant refuse to remove the
dog from the City the Municipal Court Judge shall find the defendant
owner in contempt and order the immediate confiscation and impoundment
of the animal. Each day that a violation of this Section continues
shall be deemed a separate offense. In addition to the foregoing penalties,
any person who violates this Section shall pay all expenses, including
shelter, food, handling, veterinary care, and testimony necessitated
by the enforcement of this Section.
A. Provisions
shall be made for the sterilization of all dogs and cats sold or released
for adoption or purchased from any public or private animal shelter
or animal control agency operated by a humane society, or by the County
or City. Such provisions may be made by:
1. Providing for sterilization by a licensed veterinarian before relinquishing
custody of the animal; or
2. Entering into a written agreement with the adopter or purchaser guaranteeing
that sterilization will be performed by a licensed veterinarian, in
compliance with a sterilization agreement which shall contain the
following information:
a. The date of the agreement;
b. The name, address, and signature of the releasing agency and the
adopter;
c. A description of the animal to be adopted;
d. A statement printed in conspicuous bold print that sterilization
of the animal is required pursuant to Sections 273.400 to 273.405
RSMo.;
e. A sterilization completion date which shall be either:
(1)
The thirtieth (30th) day after the date of adoption in the case
of an adult animal; or
(2)
The thirtieth (30th) day after a specified date estimated to
be the date an adopted infant female or male puppy or kitten becomes
six (6) months of age; or
(3)
If the releasing agency has a written policy recommending sterilization
of certain infant animals at an earlier date, the thirtieth (30th)
day after the date contained in the written policy.
f. An adopter that signs a sterilization agreement shall have the adopted
animal sterilized on or before the sterilization date stated in the
agreement. If the sterilization completion date stated in the agreement
falls on a Saturday, Sunday, or legal holiday, the deadline may be
extended to the first (1st) day that is not a Saturday, Sunday or
legal holiday. The releasing agency may extend the deadline for thirty
(30th) days on the presentation of a letter or telephone report from
a licensed veterinarian stating that the life or health of the adopted
animal may be jeopardized by sterilization. There shall be no limit
to the number of extensions that may be granted for this reason.
[Ord. No. A-372 §1, 9-17-2007]
A. A person
commits the offense of knowingly releasing an animal if that person,
acting without the consent of the owner or custodian of an animal,
intentionally releases any animal that is lawfully confined for the
purpose of companionship or protection of persons or property or for
recreation, exhibition or educational purposes.
B. As
used in this Section, "animal" means every living
creature, domesticated or wild, but not including Homo sapiens.
C. The
provisions of this Section shall not apply to a public servant action
in the course of such servant's official duties.
[Ord. No. A-373 §1, 9-17-2007]
No person may keep any lion, tiger, leopard, ocelot, jaguar,
cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarondi, hyena,
wolf, bear, non-human primate, coyote, any deadly, dangerous or poisonous
reptile, or any deadly or dangerous reptile over eight (8) feet long,
in any place other than a properly maintained zoological park, circus,
scientific or educational institution, research laboratory, veterinary
hospital or animal refuge, unless such person has registered such
animals with the local law enforcement agency in the County in which
the animal is kept.
[Ord. No. A-578, 9-21-2020]
Any person violating or permitting the violation of any provision
of this Chapter shall upon conviction in the Circuit Court of Dade
County be fined a sum of not less than two hundred dollars ($200.00)
and not more than five hundred dollars ($500.00) for each violation
said person is found guilty of. In addition to the fine imposed, the
court may sentence the defendant to imprisonment for a period not
to exceed thirty (30) days. In addition, the court may order the registration
of a subject animal revoked and the animal removed from the City,
or that the subject animal be humanely put to death. Should the defendant
refuse to remove the animal from the City, or to put the animal to
death, the Circuit Court Judge may find the defendant/owner in contempt
and order the immediate confiscation, impoundment, and/or execution
of the animal. Each day that a violation of this Chapter continues
shall be deemed a separate offense. In addition to the foregoing penalties,
any person who violates this Chapter shall pay all expenses, including
shelter, food, handling, veterinary care, court costs, and testimony
necessitated by the enforcement of this Chapter.