[Ord. No. 1227, 4-1-2013]
As used in this Chapter, the following terms are defined below:
Every non-human species of animal, both domestic and wild.
Any facility operated by a humane society, or municipal agency
of it's authorized agents, for the purpose of impounding animals,
under the authority of this Chapter or State Law for care, confinement,
return to owner, adoption, or euthanasia.
Any animal not under the restraint of a person capable of
controlling the animal and/or off the premises of the owner.
Any place or facility where animals are regularly bought,
sold, or traded, except for those facilities otherwise defined in
this Chapter. This Section does not apply to individual sales of animals
by owners.
A commercial variety show featuring animal acts for public
entertainment.
Any pet shop, grooming shop, guard dog, auction, riding school
or stable, zoological park, circus, performing animal exhibition,
or boarding or breeding kennel.
[Ord. No. 1288, 7-15-2019]
A canine or canine crossbreed that has bitten, attacked, or
inflicted injury on a companion animal that is a dog or killed a companion
animal that is a dog. A canine or canine crossbreed is not a dangerous
dog if, upon investigation, a Law Enforcement Officer or Animal Control
Officer finds that:
A canine or canine crossbreed that has bitten, attacked, or
inflicted serious injury on a person. A canine or canine crossbreed
is not a dangerous dog if, upon investigation, a Law Enforcement Officer
or Animal Control Officer finds that the injury inflicted by the canine
or canine crossbreed upon a person consists solely of a single nip
or bite resulting only in a scratch, abrasion, or other minor injury.
As used in this Subsection, "serious injury" means an injury having
a reasonable potential to cause death or any injury other than a sprain
or strain, including serious disfigurement, serious impairment of
health, or serious impairment of bodily function and requiring significant
medical attention.
No dog shall be found to be a dangerous dog as a result of biting,
attacking, or inflicting injury on a dog while engaged with an owner
or custodian as part of lawful hunting or participating in an organized,
lawful dog handling event. No dog shall be found to be a dangerous
dog if the court determines, based on the totality of the evidence
before it, or for other good cause, that the dog is not dangerous
or a threat to the community.
Determination By Municipal Court.
Any Law Enforcement Officer or Animal Control Officer who has
reason to believe that a canine or canine crossbreed is a dangerous
dog may apply to the Municipal Court for the issuance of a summons
requiring the owner or custodian, if known, to appear before the Court
at a specified time. The summons shall advise the owner of the nature
of the proceeding and the matters at issue. If a Law Enforcement Officer
successfully makes an application for the issuance of a summons, he/she
shall contact the local Animal Control Officer and inform him/her
of the location of the dog and the relevant facts pertaining to his/her
belief that the dog is dangerous. The Animal Control Officer shall
confine the animal until such time as evidence shall be heard and
a ruling rendered. If the Animal Control Officer determines that the
owner or custodian can confine the animal in a manner that protects
the public safety, he/she may permit the owner or custodian to confine
the animal until such time as evidence shall be heard and a ruling
rendered. The Court, may compel the owner, custodian or harborer of
the animal to produce the animal. If, after hearing the evidence,
the Court finds that the animal is a dangerous dog, the Court shall
order the animal's owner to comply with the provisions of this Section.
The Court, upon finding the animal to be a dangerous dog, may order
the owner, custodian, or harborer thereof to pay restitution for actual
damages to any person injured by the animal or whose companion animal
was injured or killed by the animal.
The Court, in its discretion, may also order the owner to pay
all reasonable expenses incurred in caring and providing for such
dangerous dog from the time the animal is taken into custody until
such time as the animal is disposed of or returned to the owner.
No canine or canine crossbreed shall be found to be a dangerous
dog solely because it is a particular breed, nor is the ownership
of a particular breed of canine or canine crossbreed prohibited.
No animal shall be found to be a dangerous dog if the threat,
injury, or damage was sustained by a person who was: (a) committing,
at the time, a crime upon the premises occupied by the animal's owner
or custodian; (b) committing, at the time, a willful trespass upon
the premises occupied by the animal's owner or custodian; or (c) provoking,
tormenting, or physically abusing the animal, or can be shown to have
repeatedly provoked, tormented, abused, or assaulted the animal at
other times. No police dog that was engaged in the performance of
its duties as such at the time of the acts complained of shall be
found to be a dangerous dog. No animal that, at the time of the acts
complained of, was responding to pain or injury, or was protecting
itself, its kennel, its offspring, a person, or its owner's or custodian's
property, shall be found to be a dangerous dog.
Any device erected to securely maintain a dog, cat or any
other animal within the premises of the owner of the animal, including
but not limited to fencing or electronic devices.
A grooming establishment where animals are bathed, clipped,
plucked, or otherwise groomed.
Any dog that will detect and warn its handler that an intruder
is present in/or near an area that is being secured.
Any person designated by the State of Missouri, a municipal
government, or a humane society as a Law Enforcement Officer who is
qualified to perform such duties under the laws of this State.
Any premises wherein any person engages in the business of
boarding, breeding, buying, letting for hire, training for a fee,
or selling dogs or cats.
Any person, partnership, or corporation owning, keeping,
or harboring one (1) or more animals. An animal shall be deemed to
be harbored if it is fed or sheltered for three (3) consecutive days
or more, or if the owner is a minor, the term "owner" shall include
the parent or legal guardian of such minor.
Any spectacle, display, act, or event, other than circuses,
in which performing animals are used.
Any animal kept for pleasure rather than utility; an animal
of a species that has been bred and raised to live in or about the
habitation of humans and is dependent on people for food and shelter.
Any person, partnership, or corporation, whether operated
separately or in connection with another business enterprise (except
for a licensed kennel), that buys, sells, or boards any species of
animal.
Any animal or animals that unreasonably annoy humans, endangers
the life or health of other animals or persons, or substantially interferes
with the rights of citizens, other than their owners, to enjoyment
of life or property. The term "public nuisance animal" shall mean
and include, but is not limited to, any animal that:
Is found at large two (2) or more times;
Damages the property of anyone other than its owners;
Molests or intimidates pedestrians or passersby;
Chases vehicles;
Excessively makes disturbing noises, including, but not limited
to continued repeated howling, barking, whining, or other utterances
causing unreasonable annoyance, disturbance, or discomfort to neighbors
or others in close proximity to the premises where the animal is kept
or harbored;
Causes fouling of the air by odor and thereby creates unreasonable
annoyance or discomfort to neighbors or others in close proximity
to the premises where the animal is kept or harbored;
Causes unsanitary conditions in enclosures or surroundings where
the animal is kept or harbored;
Is offensive or dangerous to the public health, safety, or welfare
by virtue of the number and/or types of animals maintained;
Attacks other domestic animals, or;
Has been found by the Municipal Court, after notice to its owner
and a hearing, to be a public nuisance animal by virtue of being a
menace to the public health, welfare, or safety.
Any animal secured by a leash or within the real property
limits of its owner pursuant to the appropriate restrictions.
Any place that has available for hire, boarding, and/or riding
instruction, any horse, pony, donkey, mule, or burro; or any place
that regularly buys, sells, or trains the above animals, including
a racetrack, trotting track, or rodeo.
Any physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis, and treatment of diseases and injuries of
animals.
Any living member of the animal kingdom, including those
born or raised in captivity, except the following: human beings, domestic
dogs (excluding hybrids with wolves, coyotes, or jackals), domestic
cats (excluding hybrids with ocelots or margays), farm animals, rodent,
any hybrid animal that is part wild, and captive-bred species of common
caged birds, and any animal for which the owner has previously obtained
a permit from the State Department of Conservation.
Any facility operated by a person, partnership, corporation,
or government agency, other than a pet shop or kennel, displaying
or exhibiting one (1) or more species of non-domesticated animals.
[Ord. No. 1227, 4-1-2013]
A.
The Chief of Police is designated Animal Control Supervisor and as
such, shall have all the powers of the Humane Officer, and may perform
the duties of the Humane Officer in his/her absence.
[Ord. No. 1286, 5-20-2019]
1.
Upon written complaint, the Animal Control Supervisor and the Humane Officer, upon investigation, shall determine whether to declare an animal dangerous based upon the evidence obtained. When the Humane Officer and the Animal Control Supervisor have declared an animal to be dangerous, the owner of such animal shall immediately comply with Section 205.060(E), (F), G), (H) and (I) of this Chapter. The Animal Control Officer and Humane Officer also shall summons the owner of such animal to Municipal Court.
2.
No dog may be declared dangerous if the threat, injury, or damage
was sustained by a person who, at the time, was committing a willful
trespass or other tort upon the premises occupied by the owner or
keeper of the dog, or was teasing, tormenting, abusing or assaulting
the dog or has, in the past, been reported to have teased, tormented,
abused or assaulted the dog or was committing or attempting to commit
a crime.
3.
The Humane Officer and the Animal Control Supervisor may declare an animal or holding facility a public nuisance. When an animal meets the definition of "public nuisance" as described in Section 205.010 of this Chapter, the Animal Control Supervisor and the Humane Officer, may revoke, suspend, or refuse to issue a license for such an animal. The owner of an animal that has been declared a public nuisance shall also be summoned to City Court for said animal violation.
[Ord. No. 1227, 4-1-2013]
A.
Any person owning, keeping, harboring, or having custody of any animal
over four (4) months of age within this municipality must obtain a
license as herein provided. This provision may not apply to small
cage birds or to aquatic and amphibian animals kept solely as pets.
B.
Written application for licenses, which shall include name and address
of applicant, description of the animal, and rabies certificate issued
by a licensed veterinarian or anti-rabies clinic, shall be made to
the Humane Office or other designated office.
C.
If not revoked, licenses for keeping dogs and cats shall be for a
period of one (1) year.
D.
Application for a license must be made within thirty (30) days after
obtaining a dog or cat over four (4) months of age; this requirement
will not apply to a non-resident keeping a dog or cat within the municipality
for no longer than sixty (60) days.
E.
Dogs and cats must wear identification tags at all times when off
the premises of the owners.
F.
The licensing authority shall maintain a record of all dogs and cats
licensed and shall make this record available to the public at all
times.
G.
No person may use any license for any animal other than the animal
for which it was issued.
H.
Upon passage of this proposed regulations, the maximum number of
animals at any residence shall be four (4) dogs.
I.
Upon passage of this proposed regulations, the maximum number of
animals at any residence shall be four (4) cats.
J.
At the passage of this Chapter, any owner having more than four (4) dogs or four (4) cats shall be limited to the number of dogs or cats they currently own. However, through attrition, death, transfer or any other means, the vacancy of any number of dogs and/or cats shall not be replaced before the total number of dogs or cats is less than the four (4) allowed in Section 205.030, Subsections (H) and (J).
[Ord. No. 1227, 4-1-2013]
A.
No person, partnership or corporation shall operate a commercial
animal establishment or animal shelter without first obtaining a permit
in compliance with this Chapter.
B.
The licensing authority shall promulgate regulations for the issuance
of permits and shall include requirements for humane care of all animals
and for compliance with the provisions of this Chapter and other applicable
laws. The licensing authority may amend such regulations from time
to time as deemed desirable for the public health and welfare and
for the protection of animals.
C.
When a permit applicant has shown the he/she is willing to comply
with the regulations promulgated by the licensing authority, a permit
shall be issued upon payment of the applicable fee.
D.
The permit period shall being with the fiscal year and shall run
for one (1) year. Renewal applications for permits shall be made thirty
(30) days prior to, and up to sixty (60) days after, the start of
the fiscal year. Application for a permit to establish a new commercial
animal establishment under the provisions of this Chapter may be made
at any time.
E.
If there is a change in ownership of a commercial animal establishment,
the new owner may have the current permit transferred to his/her name
upon payment of a ten dollar ($10.00) transfer fee.
F.
No person shall train any dog to be used as a guard or sentry dog
without possessing a valid license. This Section shall not apply to
the City Government or any of its agencies. The application for a
guard or sentry training license shall state the name and address
of the owner and trainer, location of the facility, and the maximum
number of dogs to be housed at the training facility.
G.
Annual permits shall be issued upon payment of the applicable fee
(Under no circumstances shall any of the following be allowed in any
R-1 or R-2 zoning district):
1.
Kennel authorized to house fewer than ten (10) dogs or cats:
fifty dollars ($50.00).
2.
Kennel authorized to house ten (10) or more but fewer than fifty
(50): one hundred dollars ($100.00).
3.
Kennel authorized to house fifty (50) or more dogs and cats:
one hundred fifty dollars ($150.00).
4.
Pet shop: one hundred dollars ($100.00).
5.
Riding stable: one hundred dollars ($100.00).
6.
Auction: one hundred dollars ($100.00).
7.
Zoological park: two hundred dollars ($200.00).
8.
Circus: two hundred dollars ($200.00).
9.
Grooming shop: fifty dollars ($50.00).
10.
Guard-dog training center: two hundred dollars ($200.00).
H.
Every facility regulated by this Chapter shall be considered a separate
enterprise requiring and individual permit.
I.
Persons operating kennels for the breeding of dogs or cats may elect
to license such animals individually.
J.
No fee may be required of any veterinary hospital, animal shelter,
or government operated zoological park.
K.
Failure to obtain a permit before opening any facility covered in
this Section shall result in a fine of two hundred dollars ($200.00).
L.
Any person who has a change in the category under which a permit
was issued shall be subject to reclassification and readjustment of
the permit fee.
[Ord. No. 1227, 4-1-2013]
A.
After an application is filed, the licensing authority shall inspect
the facility prior to issuing the permit. The licensing authority
may revoke any permit or license if the person refuses or fails to
comply with this Chapter, the regulations promulgated by the licensing
authority or any law governing the protection and keeping the animals.
Any person whose permit or license is revoked shall, within ten (10)
days thereafter, humanely dispose of all animals owned, kept or harbored.
No part of the permit or license fee shall be refunded.
B.
It shall be a condition of the issuance of any permit/licensing authority
shall be permitted to inspect all animals and premises where animals
are kept at any time and shall, if permission for such inspection
is refused, revoke the permit or license of the refusing owner.
C.
If the applicant has withheld or falsified any information on the
application, the licensing authority shall refuse to issue a permit
or license.
D.
No person who has been convicted or cruelty to animals shall be issued
a permit or license to operate a commercial animal establishment.
E.
Any person having been denied a license or permit may not reapply
for a period of thirty (30) days. Each reapplication shall be accompanied
by a ten-dollar ($10.00) fee.
[Ord. No. 1227, 4-1-2013]
A.
All dogs and cats shall be kept under restraint.
B.
No owner shall fail to exercise proper care and control of his/her
animals to prevent them from becoming a public nuisance.
C.
Every vicious animal, as determined by the licensing authority, shall
be confined by the owner within a building or secure enclosure and
shall be securely muzzled or caged whenever off the premises of the
owner.
D.
All dogs in excess of thirty (30) pounds shall be in an enclosure
or in a house.
F.
If the owner or keeper of a dog that has been designated as dangerous is unwilling or unable to comply with the regulations in this Section and Section 205.210 for keeping such an animal, then he/she should have the animal humanely euthanized by an animal shelter, animal control agency or licensed veterinarian, after a fourteen-day holding period. Any dog that has been designated as dangerous under these laws may not be offered for adoption.
[Ord. No. 1227, 4-1-2013]
A.
Unrestrained dogs and nuisance animals shall be taken by the Police,
Animal Control Officer, or Humane Officer and impounded in an animal
shelter and there confined in a humane matter.
B.
Impounded dogs and cats shall be kept for not fewer than five (5)
working days.
C.
If, by a license tag or other means the owner of an impounded animal
can be identified, the Animal Control Officer shall immediately, upon
impoundment, notify the owner by telephone or certified mail.
D.
Any owner reclaiming an impounded animal shall pay a fee of ten dollars
($10.00) and ten dollars ($10.00) for each day the animal has been
impounded. Subsequent impounds occurring within twelve (12) months
are charged double.
[Ord. No. 1322, 5-3-2022]
E.
Any animal not reclaimed by its owner within five (5) working days,
shall become the property of the local government authority or humane
society and shall be placed for adoption in a suitable home or humanely
euthanized by any method approved by the Missouri Department of Agriculture.
F.
In addition to, or in lieu of, impounding an animal found at large,
the Animal Control Supervisor, Humane Officer, or Police Officer may
issue to the known owner of such animal, a notice of ordinance violation.
Such notice shall impose upon the owner a penalty of twenty-five dollars
($25.00) that may at the discretion of the animal owner, be paid to
any agency designated by the licensing authority within seventy-two
(72) hours in full satisfaction of the assessed penalty. In the event
that such penalty is not paid within the time period prescribed, a
criminal warrant shall be initiated before Municipal Court and upon
conviction of a violation of the ordinance; the owner shall be punished
as provided for this Chapter.
G.
The owner of an impounded animal may also be proceeded against for
violation of this Chapter after notice a second offense.
H.
The licensing authority shall automatically review all licenses issued
to animal owners against whom three (3) or more ordinance violations
have been assessed in a twelve-month period.
I.
The Shelter Director shall keep complete and accurate records of
the care, feeding, veterinary treatment and disposition of all animals
impounded at the shelter.
J.
Any dog involved in a fatal attack on a human being, or attack that
results in severe injury to a human being, whether provoked or unprovoked,
the animal shall be confiscated and after fourteen-day observation
period, the dog shall be humanely euthanized.
[Ord. No. 1227, 4-1-2013]
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.
All fines and penalties for a first 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 for the care and maintenance
of neglected animals may not be waived.
[Ord. No. 1227, 4-1-2013]
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.
3.
Having ownership or custody of an animal knowingly fails to
provide adequate care or adequate control.
B.
For purposes of this Section, "animal" shall be defined as a mammal.
C.
The Municipal Judge may, upon conviction of animal abuse/neglect,
prohibit the owner from owning a dog, cat or any animal while living
within the City of Portageville.
[Ord. No. 1227, 4-1-2013]
A.
B.
Any person who is knowingly present, as a spectator, at any place, building, or structure where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in Subsection (A)(2) of this Section, with the intent to present at such exhibition, fighting, or injuring is guilty of an ordinance violation.
C.
Nothing in this Section shall be construed to prohibit:
1.
The use of dogs in the management of livestock by the owner
of such livestock or his/her employees or agents or other persons
in lawful custody of such livestock;
2.
The use of dogs in hunting; or
3.
The training of dogs or the use of equipment in the training
of dogs for any purpose not prohibited by law.
[Ord. No. 1227, 4-1-2013]
A.
No person shall own, possess, or have custody, on his/her premises,
of any wild or vicious animal for display, training, or exhibition
purposes, whether gratuitously or for a fee. This Section shall not
be construed to apply to AAZPA accredited facilities.
B.
No person shall keep or permit to be kept, any wild animal as a pet,
unless having previously obtained permit from the State Department
of Conservation.
C.
The licensing authority shall have the power to release or order
the release of any infant wild animal under temporary permit that
is deemed capable of survival.
[Ord. No. 1227, 4-1-2013]
A.
No person may sponsor, promote, train a wild animal to participate
in, contribute to the involvement of a wild animal in, or attend as
a spectator any activity or event in which any wild animal in, or
attend as a spectator any activity or event in which any wild animal
is wrestled, fought, mentally or physically harassed, or displayed
in such a way that the animal is abused or stressed mentally or physically
or is induced or encouraged to perform through the use of chemical,
mechanical, electrical, or manual devices in a matter that will cause
or is likely to cause physical injury or suffering. This prohibition
applies to events and activities taking place in either public or
private facilities or property, and applies regardless of the purpose
of the event or activities and irrespective of whether or not a fee
is charged to spectators.
B.
All equipment used on a performing animal shall fit properly and
be in good working condition.
Any person in physical possession and control of any animal
shall remove excreta or other solid waste deposited by the animal
in any public or private area not designated to receive such wastes,
including, but not limited to, streets, sidewalks, parking lots, public
parks or recreation areas and private property. The provisions of
this Section shall not apply to a guide dog accompanying any blind
person.
[Ord. No. 1227, 4-1-2013]
The civil and criminal provisions of this Chapter shall be enforced
by those persons or agencies designated by municipal authority. It
shall be a violation of this Chapter to interfere with a Humane Officer
or the Animal Control Supervisor in the performance of his/her duties.
[Ord. No. 1227, 4-1-2013]
Any person violating any provision of this chapter, except § 205.160, shall be deemed guilty of an ordinance violation and shall be punished by a fine or not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00) or imprisoned not more than ninety (90) days. If a violation continues, each day's violation shall be deemed a separate violation. If any person is found guilty by a court of violating Section 205.030, his/her permit to own, keep, harbor, or have custody of animals shall be deemed automatically revoked and no new permit may be issued.
[Ord. No. 1227, 4-1-2013]
A.
It shall be unlawful for any person, firm, association, corporation,
his/her its, or their agents or employees within the corporate limits
of the City of Portageville, Missouri, to own, keep or use any stock
yard, pen, place or premises in or upon which any number of hogs,
swine, horses, mules, ponies, cattle, and or goats shall be kept or
maintained.
B.
Every person, firm, association, corporation or his/her, its or their
agents or employees, who shall use or maintain any stock yard, pen,
stable, shed or other structure, or any lot or other premises contrary
to the provisions of this Section shall be deemed guilty of an ordinance
violation, and shall be fined not less than one dollar ($1.00), nor
more than one hundred dollars ($100.00), and every day any such pen,
stock yard, stable, shed, or other structure, or any lot or other
premises, shall be so used, shall be deemed a separate offense, punishable
as in the first instance.
C.
Provided, however, this Section shall not affect any person, firm
or corporation who owns and maintains a hog pen, horses, mules, ponies,
cattle and/or goats enclosure on a lot with a minimum are of one (1)
acre per animal so confined, provided further, that any such person
confining such animals in such enclosure must own both the land under
enclosure and the animals so enclosed.
[Ord. No. 1227, 4-1-2013; Ord. No. 1326, 8-1-2022]
A.
Whoever
shall keep, harbor or maintain, upon any premises owned or occupied
by him/her, any chickens, guineas, ducks, geese, turkeys or other
domestic fowls, hereinafter referred to as "fowl," and permit the
same to run at large upon the land, lot, garden or enclosure of another,
to the damage or annoyance of such other person, shall be deemed guilty
of an ordinance violation.
B.
Fowl,
may be kept pursuant to the following restrictions and requirements:
1.
No person shall keep or maintain any fowl, within any enclosure that
is within one hundred (100) feet of any residence or dwelling place
other than that of the keeper thereof, and no more than ten (10) fowl
shall be permitted for each twenty thousand (20,000) square feet.
2.
Roosters shall not be kept within the City limits.
3.
Fowl shall not be allowed to run at large and shall be restrained
in a manner and by such means as will prevent the fowl from escaping,
straying or running at large. Gates used to restrain fowl shall be
kept closed with a chain and padlock to minimize vandalism. Any fowl
found running at large or not kept as required by this Section shall
be subject to impoundment provisions of Animal Control already established
for other animals.
4.
Every person keeping or maintaining fowl shall keep the barn, shed
or pen in which the fowl are kept or maintained in a clean and sanitary
condition so that the same shall not emit foul or disagreeable odors.
The keepers shall not permit any concentration of fowl droppings and
feathers to occur.
5.
Permitting carcasses of fowl to remain exposed after five (5) hours
following death is hereby declared a nuisance and is prohibited.
6.
It shall be unlawful for any person to slaughter fowl in the City
limits.
[Ord. No. 1227, 4-1-2013]
Upon the passage of Ord. No. 1227, the Animal Control Supervisor shall cause to be published in a local newspaper a notice notifying the citizens of Portageville of the licensing procedure prescribed in Section 205.190. Such notice shall be published once a month for three (3) months. Animal owners shall have ninety (90) days after the passage of Ord. No. 1227 to comply with the licensing requirements before they may be in violation of the licensing requirements of this Chapter.
[Ord. No. 1243, 8-3-2015]
B.
SECURE CONFINEMENT
a.
Definitions. As used in this Section, the following terms shall have
the meanings indicated:
Securing the dog in an area from which the dog cannot escape
based on the size and breed of the dog, while providing for the humane
care of the animal while in confinement. The specifications for "secure
confinement" outdoors shall be as follows:
Any dogs confined within a fenced yard must have an adequate
space for exercise based on a dimension of at least one hundred (100)
square feet. Where dogs are kept or housed on property without a fenced
yard, the owner of such dogs or persons having custody of such dogs
shall provide an enclosure for such dogs of at least one hundred (100)
square feet dimension. Such enclosure shall be constructed of chain
link or other material that permits adequate ventilation, with all
sides enclosed. The enclosure shall be of sufficient height to prevent
the dog from escaping from such enclosure. The top of such enclosure
shall be covered with materials to provide the dog with shade and
protection from the elements. Dogs shall not be chained, tied, fastened
or otherwise tethered to dog houses, trees, fences or other stationary
objects as a means of confinement to property.
[Ord. No. 1288, 7-15-2019]
If the owner of an animal found to be a dangerous dog is a minor,
the custodial parent or legal guardian shall be responsible for complying
with all requirements of this Chapter.
[Ord. No. 1288, 7-15-2019]
A.
The
owner of any animal found to be a dangerous dog shall, within thirty
(30) days of such finding, obtain a dangerous dog registration certificate
from the local Animal Control Officer for a fee of one hundred fifty
dollars ($150.00), in addition to other fees that may be authorized
by law. The local Animal Control Officer shall also provide the owner
with a uniformly designed tag that identifies the animal as a dangerous
dog. The owner shall affix the tag to the animal's collar and ensure
that the animal wears the collar and tag at all times. By January
31 of each year, until such time as the dangerous dog is deceased,
all certificates obtained pursuant to this Subsection shall be updated
and renewed for a fee of fifty dollars ($50.00) and in the same manner
as the initial certificate was obtained. Once an animal has been found
to be a dangerous dog and the owner has complied with the licensing
provisions of this Section, after three (3) years of the date the
dangerous animal has been licensed pursuant to this Section and there
have been no incidents regarding the dangerous dog in violation of
this Chapter, the licensing provisions of this Section shall no longer
apply. The Animal Control Officer shall keep all records relating
to the Portageville Dangerous Dog Registry.
B.
Requirements
For Registration Or Renewal Of Certificate.
1.
All dangerous dog registration certificates or renewals thereof required
to be obtained under this Section shall only be issued to persons
eighteen (18) years of age or older who present satisfactory evidence:
a.
Of the animal's current rabies vaccination, if applicable;
b.
That the animal has been neutered or spayed; and
c.
That the animal is and will be confined in a proper enclosure or
is and will be confined inside the owner's residence or is and will
be muzzled and confined in the owner's fenced-in yard until the proper
enclosure is constructed.
2.
In addition, owners who apply for certificates or renewals thereof
under this Section shall not be issued a certificate or renewal thereof
unless they present satisfactory evidence that:
C.
While
on the property of its owner, an animal found to be a dangerous dog
shall be confined indoors or in a securely enclosed and locked structure
of sufficient height and design to prevent its escape or direct contact
with or entry by minors, adults, or other animals. When off its owner's
property, an animal found to be a dangerous dog shall be kept on a
leash and muzzled in such a manner as not to cause injury to the animal
or interfere with the animal's vision or respiration, but so as to
prevent it from biting a person or another animal.
D.
The
owner shall cause the local Animal Control Officer to be promptly
notified of:
1.
The names, addresses, and telephone numbers of all owners;
2.
All of the means necessary to locate the owner and the dog at any
time;
3.
Any complaints or incidents of attack by the dog upon any person
or dog;
4.
Any claims made or lawsuits brought as a result of any attack;
5.
Chip identification information; and
6.
The death of the dog.
E.
Notice
To Animal Control Authority.
[Ord. No. 1288, 7-15-2019]
A.
Any
owner of custodian of a canine or canine crossbreed or other animal
is guilty of a code violation if:
1.
The canine or canine crossbreed previously declared a dangerous dog
pursuant to this Chapter, when such declaration arose out of a separate
and distinct incident, attacks and injures or kills a dog that is
a companion animal belonging to another person.
2.
The canine or canine crossbreed previously declared a dangerous dog
pursuant to this Chapter, when such declaration arose out of a separate
and distinct incident, bites a human being or attacks a human being
causing bodily injury; or
3.
Serious Bodily Injury To A Person.
a.
Any owner or custodian whose willful act or omission in the care,
control, or containment of a canine, canine crossbreed, or other animal
is so gross, wanton, and culpable as to show a reckless disregard
for human life, and is the proximate cause of such dog and other animal
attacking and causing serious bodily injury to any person.
b.
The provisions of Subsection (A)(3) shall not apply to any animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's or custodian's property, or when the animal is a police dog that is engaged in the performance of its duties at the time of the attack.
B.
The
owner of any animal that has been found to be a dangerous dog who
willfully fails to comply with the requirements of this Chapter is
guilty of a code violation.
C.
Whenever
an owner or custodian of an animal found to be a dangerous dog is
charged with a violation of this Chapter, the Animal Control Officer
shall confine the dangerous dog until such time as evidence shall
be heard and a ruling rendered. The Court, may compel the owner, custodian,
or harborer of the animal to produce the animal.
D.
Upon
conviction, the Court may order the dangerous dog to be disposed of
by a local governing body or grant the owner up to thirty (30) days
to comply with the requirements of this Chapter, during which time
the dangerous dog shall remain in the custody of the Animal Control
Officer until compliance has been verified. If the owner fails to
achieve compliance within the time specified by the Court, the court
shall order the dangerous dog to be disposed of by the City. The court,
in its discretion, may order the owner to pay all reasonable expenses
incurred in caring and providing for such dangerous dog from the time
the animal is taken into custody until such time that the animal is
disposed of or returned to the owner.
E.
All
fees collected pursuant to this Section, less the costs incurred by
the animal control authority in producing and distributing the certificates
and tags required by this Chapter, shall be paid into the Health Fund
of the City of Portageville.
