[Ord. No. 583-C §1, 1-18-2005]
A.
For
the purpose of this Article, a "dangerous animal" shall be any animal with the following characteristics:
1.
Any animal which has inflicted severe or fatal injury on a human
being. "Severe injury" means any physical injury
resulting directly from an animal's bite which results in broken bones
or lacerations requiring stitches or inpatient hospitalization.
2.
Any animal which has killed a domestic animal, livestock or poultry
without provocation while outside the owner's property.
3.
Any animal owned or harbored primarily or in part for the purpose
of animal fighting or any animal trained for animal fighting.
4.
Any animal which has bitten a human being without provocation on
public or private property other than the property of the owner.
5.
Any animal which, while on the owner's property, has bitten, without
provocation, a human being other than the owner or a member of the
owner's family who normally resides at the place where the animal
is kept.
6.
Any animal which, when unprovoked, chases or approaches a person
upon the streets, sidewalks or any public grounds or private property,
other than the property of the owner, in a menacing fashion or an
apparent attitude of attack, regardless of whether a person is injured
by said animal.
[Ord. No. 583-C §1, 1-18-2005]
A.
Should a written complaint be filed with the Animal Control Officer or a Police Officer alleging any of the circumstances set forth in Section 210.190, the Animal Control Officer or Police Officer shall issue a notice to the owner or possessor of said animal that said animal will be designated a dangerous animal, subject to the regulations of this Article, and advise the owner or possessor of said animal that he has five (5) working days to request a hearing before an Appeals Board to appeal such classification. The Appeals Board shall consist of the Chief of Police, the Public Works Director and the Mayor. If no request for a hearing is timely filed, the animal that is the subject of the complaint shall be deemed a dangerous animal and said animal and its owner shall be subject to the provisions of this Article.
B.
Once a written complaint has been filed as provided in the preceding paragraph, the animal shall be confined pending a determination that said animal is a dangerous animal. Such confinement shall conform with the impoundment provisions of Section 210.090 of the Municipal Code of the City of Canton.
C.
The
Appeals Board shall meet within seven (7) calendar days of the date
of appeal to determine whether the animal in question is dangerous
within the meaning of this Article. Testimony of the complainant,
witnesses, the owner of the animal and any other person possessing
information pertinent shall be permitted in an informal setting.
D.
Should a hearing be held by the Appeals Board and the Board determines that the animal is a dangerous animal, then the animal and its owner shall be subject to the provisions of Section 210.210 of this Article.
E.
The
hearing Board shall issue a written finding within five (5) days after
the hearing.
F.
The decision of the Appeals Board shall be effective immediately. The animal owner may appeal an adverse decision by appeal to the Circuit Court of Lewis County, Missouri, Municipal Division at Canton within thirty (30) days. Notwithstanding an appeal, the decision of the Appeals Board shall take effect immediately except that any animal seized pending appeal shall be confined at the expense of the owner and not destroyed until ten (10) days after the Circuit Court decision becomes final, unless the owner has complied with the requirements of Section 210.210.
[Ord. No. 583-C §1, 1-18-2005]
A.
Within
ten (10) days of a determination that an animal is a "dangerous animal"
under the terms of this Article, the owner or possessor shall comply
with the following requirements:
1.
Leash and muzzle. No person shall permit a dangerous
animal to go outside its kennel or pen unless such animal is securely
leashed with a leash no longer than four (4) feet in length, with
a minimum tensile strength of three hundred (300) pounds. No person
shall permit a dangerous animal 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 and animal. Such animal may not be leashed to
objects such as trees, posts, buildings, etc. In addition, all dangerous
animals on a leash outside the animal's kennel must be muzzled by
a muzzling device sufficient to prevent such animal from biting persons
or other animals. The muzzle must not cause injury to the dangerous
animal or interfere with its vision or respiration, but must prevent
the dangerous animal from biting any human or animal.
2.
Confinement. All dangerous animals shall be securely
confined indoors or in a securely closed and locked pen or kennel,
except when leashed and muzzled as above provided. The pen, kennel
or structure must be suitable to prevent the entry of young children
and designed to prevent the dangerous animal from escaping. Such pen,
kennel or structure must have secure sides and a secure top attached
to the sides and must have minimum dimensions of five (5) feet by
ten (10) feet. All structures used to confine dangerous animals 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, if the structure has no bottom secured
to the sides, the sides of the pen must be embedded in the ground
no less than one (1) foot. All structures erected to house dangerous
animals must comply with all zoning and building regulations of the
City. All such structures must be adequately lighted and ventilated
and kept in a clean and sanitary condition. The structure, when occupied
by a dangerous animal, shall not be occupied by any other animal.
If the dangerous animal is a female with offspring under two (2) months
of age, the offspring may occupy the same enclosure as the mother.
No dangerous animal may be kept on a porch, patio or any part of a
house or structure that would allow the animal 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 animal from exiting
the structure.
3.
Signs. All owners, keepers or harborers of dangerous
animals within the City shall display in a prominent place on their
premises a sign reading in letters not less than two (2) inches high
"Beware of Dangerous Animal" and easily readable by the public. The
owner shall also display a sign with a symbol warning children of
the presence of a dangerous animal. In addition, a similar sign is
required to be posted on the kennel or pen of such animal.
4.
Insurance. All owners, keepers or harborers of dangerous
animals must provide proof to the City Clerk of public liability insurance
in a single incident amount of not less than one hundred thousand
dollars ($100,000.00) for bodily injury or death of any person or
persons, or for damaged property owned by any persons which may result
from the ownership, keeping or maintenance of such animal. An effective
insurance policy with the coverage and in the amounts specified herein
must be maintained by the owner, keeper or harborer at all times.
Such insurance policy shall provide that no cancellation, termination
or expiration of the policy will be made unless ten (10) days' written
notice is first given to the City Clerk of the City.
5.
Photographs. All owners, keepers or harborers of
dangerous animals must provide to the office of City Clerk two (2)
color photographs, in two (2) different positions, clearly showing
the color, markings and approximate size of the animal.
6.
Reporting requirements. All owners, keepers or harborers
of dangerous animals must, within ten (10) days of any of the following
incidents, report said information in writing to the City Clerk:
7.
Loose, unconfined or missing dangerous animal. The
owner, keeper or harborer shall notify the Police Department immediately
if a dangerous animal becomes loose, unconfined or missing, has attacked
another animal or has attacked a human being.
