[Ord. No. 2153, 5-8-2024]
A. 
No person shall knowingly sell, offer for sale, breed, buy or attempt to buy any dangerous dog within the City of Marshfield, Missouri. A dog deemed dangerous under the provisions of this Chapter shall not be sold or given away to any other resident of the City of Marshfield, Missouri.
B. 
No person shall knowingly own, harbor, sell or offer for sale any dog which is to be used for the purpose of dog fighting or to be trained, tormented, badgered, baited for the purpose of causing or encouraging the dog to attack human beings or domestic animals when not provoked, unless such dog has been exempted by the Mayor of the City of Marshfield, Missouri, as a dog used in and by law enforcement authorities.
[Ord. No. 2153, 5-8-2024]
Upon receipt of a written complaint by any person, the City Code Enforcement Officer, designated City employee, or contractor of the City of Marshfield, after reviewing the facts of the complaint, may request a hearing to determine if such dog is dangerous. Such a hearing shall be conducted by the Court having competent jurisdiction per their schedule and location. The City Code Enforcement Officer, designated City employee, or contractor of the City of Marshfield, shall provide notice to the owner of the dog, in person or by certified mail, and to the complainant by regular mail, of the date, time and location of the hearing. At the hearing, all interested persons shall be given the opportunity to present evidence on the issue of the dog's dangerousness. In the event the dog has caused injury to any person, the City Code Enforcement Officer, designated City employee, or contractor for the City of Marshfield, may impound the dog at the licensed veterinarian facility used by the City of Marshfield at the owner's expense, pending the hearing and determination of the complaint. If the City Code Enforcement Officer, designated City employee, or contractor of the City of Marshfield cannot, with due diligence, locate the owner of the dog that has been seized pursuant to this Section, said dog shall be impounded for no fewer than five (5) days. If, after five (5) days, no person appears to claim that he/she is the dog's owner, or is an authorized agent of the owner, the City Code Enforcement Officer, designated City employee, or contractor of the City of Marshfield is hereby designated as an authorized agent of the owner and may cause said dog to be adopted or humanely destroyed.
[Ord. No. 2153, 5-8-2024]
A. 
Upon conclusion of a hearing as set forth in the previous Section, and upon a determination that the dog is dangerous at said hearing, the Court of competent jurisdiction, may order the owner of the dog to comply with one (1) or more of the following, or any combination thereof:
1. 
The owner of a dangerous dog will be ordered to register such dog with the City of Marshfield. The application for such registration shall contain the name and address of the owner, the breed, age, sex, color and other identifying marks of the dog, the location of where the dog is to be kept, if not at the address of the owner, such other information as may be required. The application for registration pursuant to this Subsection shall be accompanied by a registration fee of fifty dollars ($50.00). Each dog registered pursuant hereto shall be assigned an official registration number by the City of Marshfield. Such registration number shall be inscribed on a metal tag which shall be attached to the dog's collar at all times. The tag and a certificate of registration shall be of such form and design and shall contain all information required by the City Code Enforcement Officer, designated City employee, or contractor of the City of Marshfield and be issued to the owner upon payment of the registration fee and the presentment of sufficient evidence that the owner has complied with all orders as prescribed at the determination hearing.
2. 
Confinement. The Court of competent jurisdiction may order the owners of a dangerous dog to confine the dog at all times either indoors, or if outdoors, in a proper enclosure for a dangerous dog which consists of a securely enclosed and locked pen or structure, suitable to prevent the entry of young children, or any part of their bodies, and designed to prevent the animal from escaping. Such a pen or structure shall have secure sides and prevent the dog from digging his/her way out through the bottom. The pen or structure shall also provide the dog with protection from the elements. The owner shall also conspicuously display signs designed with a warning approved by the City Code Enforcement Officer, designated City employee, or contractor of the City of Marshfield, which indicates to both children and adults the presence of a dangerous dog, on the pen or structure, and on or near the entrances to the residence where the dog is kept. At any time such dog is not on the premises occupied by the owner, then the dog shall be muzzled in such a manner as to prevent it from biting or injuring any person, and kept on a leash not longer than six (6) feet with the owner or some other responsible person attending such dog, or confined in a location or facility approved by the City Code Enforcement Officer, designated City employee, or contractor of the City of Marshfield. The operator or owner of such approved location or facility shall be informed by the owner of the status of the dog as a dangerous dog and any restrictions on the use, movement and boarding of the dog.
3. 
Liability Insurance. The Court of competent jurisdiction may order the owner of a dangerous dog which has caused a severe injury to any person to maintain, in full force and effect, a liability insurance policy in the amount of one hundred thousand dollars ($100,000.00) for coverage against personal injury or death of any person, resulting from an attack from such dangerous dog, or to provide such proof of financial responsibility for personal injury or death of any person resulting from an attack from such dangerous dog as the City Court of competent jurisdiction shall deem satisfactory and acceptable. Such proof of financial responsibility, may include, but is not limited to, a bond or pledge of property.
4. 
Spaying Or Neutering. The Court of competent jurisdiction may order the owner of the dangerous dog to arrange for the alteration of its reproductive capacity through spaying or neutering of such a dangerous dog. Such an alteration shall be at the owner's expense.
5. 
Humane Destruction. The Court of competent jurisdiction may order the humane destruction of any dog which has been found to have killed or caused severe injury to any person or other domestic animal. All costs are the responsibility of the dog owner.
6. 
Limited Number. The Court of competent jurisdiction may order the owner not to be allowed to have more than one (1) dangerous dog at the residence.
[Ord. No. 2153, 5-8-2024]
In the event the owner of a dangerous dog is a minor, the parent or guardian of such minor shall be liable for all injuries and property damage sustained by any person or domestic animal caused by an unapproved attack by such dangerous dog.
[Ord. No. 2153, 5-8-2024]
A. 
In the event that the owner of a dangerous dog violates any order of the Court of competent jurisdiction as provided at the determination hearing, such dangerous dog may be seized and impounded by the City Code Enforcement Officer, designated City employee, or contractor of the City of Marshfield. In addition, any dog shall be immediately seized by the City Code Enforcement Officer, designated City employee, or contractor of the City of Marshfield, if the dog bites or attacks a person or other domestic animal at the sufferance of its owner, or is engaged in or apparently engaged in, a dog fight.
B. 
In the event that a previously declared dangerous dog has been seized by the City of Marshfield, either by a Court of competent jurisdiction, or after such dog bites or attacks a person, the Court of competent jurisdiction shall conduct a hearing to determine if the dog should be returned to the owner or euthanized. The dog in question shall be impounded until such hearing shall be conducted per the schedule of the Court of competent jurisdiction. The owner is responsible for all costs associated with impounding the dog. The City Code Enforcement Officer, designated City employee, or contractor of the City of Marshfield, shall provide written notice of such hearing, either in person or by certified mail, to the owner of the dog.
C. 
After such hearing has been conducted, the Court of competent jurisdiction may either order that the dog be returned to the owner or declare that the dog be scheduled for euthanasia. In addition, the owner shall be subject to any penalties prescribed in the Marshfield Municipal Code.
[Ord. No. 2153, 5-8-2024]
No dog shall be declared dangerous pursuant to any Section of this Chapter if the threat, injury or damage caused by such dog was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing or assaulting the dog, or has in the past been observed or reported to have tormented, abused or assaulted the dog, or was committing or attempting to commit a crime. Nor shall any dog be declared dangerous if it was responding to pain or injury, or was protecting itself, its kennel, or its offspring.
[Ord. No. 2153, 5-8-2024]
A. 
The City Police Officers of Marshfield shall be empowered to enforce the provisions of this Article, or any rule or regulation promulgated hereunder.
B. 
Persons authorized to enforce the provisions of this Article, or any rule or regulation promulgated hereunder shall have the authority to seek and execute search and seizure warrants as is determined necessary.
[Ord. No. 2153, 5-8-2024]
The provisions of this Article shall not apply to any Federal, State or City Law Enforcement Agency or dog specifically exempted by order of the Mayor because of said dog's work in law enforcement.
[Ord. No. 2153, 5-8-2024]
If any provision of this Article is adjudged invalid by any Court of competent jurisdiction, such judgment shall not affect or impair the validity of the remainder of the Article.
[Ord. No. 2153, 5-8-2024]
Any person who violates any provisions of this Article shall be guilty of an offense and shall, upon conviction, therefore, be deemed guilty of a misdemeanor and be fined accordance with the Adopting Ordinance, Section 5, Violations and Penalties, of the Marshfield City Code.