City of Bolivar, MO
Polk County
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Table of Contents
Table of Contents

Section 215.010 Definitions.

[R.O. 2007 §215.010]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
ADEQUATE CARE
Normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and health care as necessary to maintain good health in a specific species of animal.
ANIMAL
Every living vertebrate except a human being.
ANIMAL-AT-LARGE
Any animal not under the restraint of a person capable of controlling the animal and/or off the premises of the owner.
ANIMAL SHELTER
A facility which is used to house or contain animals and which is owned, operated, or maintained by the City, a duly incorporated Humane Society, Animal Welfare Society, Society For The Prevention Of Cruelty To Animals, or other not-for-profit organization devoted to the welfare, protection, and humane treatment of animals.
DOMESTICATED ANIMAL OR FOWL
An animal of a species of vertebrates that has been domesticated by humans so as to live and breed in a tame condition and depend on humankind for survival or a bird of a species that has been domesticated by humans so as to live and breed in a tame condition and depend on humankind for survival.
FARM ANIMAL
An animal raised on a farm or ranch and used or intended for use in farm or ranch production, or as food or fiber.
HUMANELY EUTHANIZED
The destruction of an animal accomplished by a method approved by the American Veterinary Medical Association's Panel on Euthanasia (JAVMA 173: 59-72, 1978); or more recent editions, but animals killed during the feeding of pet carnivores shall be considered humanely killed.
OWNER
Any person 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. If an owner is a minor, each adult person having the care, custody and control of such minor is hereby required to exercise the duties of an owner and for the purposes of this Chapter, each such person shall conclusively be deemed to be the owner. If an animal is in kept at a household that has more than one (1) adult owner or tenant of the premises, each such adult is hereby required to exercise the duties of an owner and for the purposes of this Chapter, each such person shall conclusively be deemed to be the owner.
PERSON
Any individual, partnership, firm, joint stock company, corporation, limited liability company, association, trust, estate, or other legal entity.
PETS
Domestic cats, dogs, parakeets, parrots, hamsters and such small animals as are intended for the enjoyment of the residents of a household in which the animals are kept.
PUBLIC NUISANCE OR PUBLIC NUISANCE ANIMAL
Any animal that unreasonably annoys 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:
1. 
Is found at large;
2. 
Damages the property of anyone other than its owner;
3. 
Molests or threatens pedestrians or passersby;
4. 
Chases vehicles, including motorized or unmotorized bicycles, scooters or other instruments used for the conveyance of persons from one location to another;
5. 
Excessively makes disturbing noises including, but not limited to, continued and 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;
6. 
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;
7. 
Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;
8. 
Is offensive or dangerous to the public health, safety or welfare by virtue of the number and/or types of animals maintained; or
9. 
Attacks other domestic animals.
RESTRAINT
An animal secured by a leash, chain, cable or rope that is under the control of a person; an animal secured by a leash, chain, cable or rope that is affixed to an immovable object and that is at least twenty (20) feet in length; an animal that is in an enclosure that is otherwise lawful under the zoning and subdivisions regulations of the City that is designed to and does prevent the animal from escaping from the confines of the enclosure; an animal that is within the boundaries of the property owned, leased or otherwise controlled by the owner of the animal when such owner is in visual range of the animal and the animal is obedient to the owner's commands to refrain from leaving the premises, to return to the premises if the animal has strayed, to refrain from barking at, following or attacking humans or other animals, to refrain from chasing vehicles or to refrain from doing any other act that is a violation of this Chapter; or an animal that is confined within the confines of, and is obedient to the warning signal of, a properly installed and functioning "invisible fence" that provides an electrical shock via a collar device if the animal violates the established perimeter of the fence.
VICIOUS OR BAD ANIMAL
Any animal that attacks, bites or injures human beings or domesticated animals without adequate provocation or which, because of temperament, conditioning or training, has a known propensity to attack, bite or injure human beings or domesticated animals.
WILD ANIMAL
Any animal as defined above, including those born or raised in captivity, except the following: domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents, captive-bred species of common cage birds and fish.

Section 215.011 Dogs and Cats To Be Registered — Fee For Registration — Renewal of Registration.

[R.O. 2007 §215.011; Ord. No. 2805 §1, 5-22-2008; Ord. No. 3049 §I, 7-17-2012]
Every owner or keeper of a dog or cat within the City limits of the City of Bolivar shall, within thirty (30) days of acquiring possession of a dog or cat, cause such dog or cat to be registered, described and numbered by the City Clerk. The fee for registration shall be the sum of five dollars ($5.00) per animal registered, which shall be due and payable by the registrant at the time of registration; provided that there shall be a late registration penalty of five dollars ($5.00) for each thirty (30) day period or part hereof that an owner or keeper shall fail to register the animal as herein provided. No dog or cat shall be registered by the City Clerk unless the owner or keeper thereof shall produce proof satisfactory to the Clerk that such dog or cat has been vaccinated for rabies within the twenty-four (24) month period immediately preceding such registration. Any delay in registration by reason of the failure of the owner or keeper of the dog or cat to produce proof of rabies vaccination shall be deemed a failure to register for the purposes of the late registration penalty as set forth in this Section.
The registration of dogs and cats with the City as described herein will be valid only for that period of time that the animal's rabies vaccination is also valid and current; and every owner or keeper of a dog or cat within the City limits of the City of Bolivar shall renew the registration for each dog or cat in their possession within ten (10) days of the expiration of each respective animal's rabies vaccination. The same fees, rules and regulations will apply to all animal registration renewals as apply to the initial registration set forth above in this Section.

Section 215.015 Registration To Be Placed On Collar On Dogs and Cats.

[R.O. 2007 §215.015]
The owner or keeper of every registered dog and cat shall furnish a good leather or metal collar which shall state thereon the owner's name and the registration number of said dog or cat and shall keep the same around the neck of said dog or cat at all times.

Section 215.020 Dog and Cat Register.

[R.O. 2007 §215.020]
The City Clerk shall keep a book to be known as the Dog and Cat Register, in which shall be entered a description and the number of each dog and cat and the name of the owner or keeper thereof.

Section 215.025 Animal Control Officer Authorized Duties.

[R.O. 2007 §215.025]
A. 
The Mayor, with the advice and consent of the majority of the members of the Board of Aldermen voting on the question, may employ a person or persons who shall carry the title of Animal Control Officer at such salary or fee as may be established by or in the budget or other ordinance adopted by the Board of Aldermen. Such person or persons shall serve at will and may be discharged upon recommendation of the Mayor with the approval of a majority of the members of the Board of Aldermen voting on the question or by a vote of two-thirds (2/3) vote of the members of the Board of Aldermen voting on the question over the Mayor's objection.
B. 
In lieu of the appointment of an Animal Control Officer as provided above, the City may, by ordinance, contract with one (1) or more organizations or entities to perform all of the functions of the Animal Control Officer that are provided by this Section 215.025. Any organization with whom the City may contract for animal control shall designate one (1) or more persons as their agent or agents for the performance of such control and such organization shall thereafter be authorized to act by and through such designated individuals. No organization with whom a contract for animal control is made by the City shall authorize any person to act as its agent without first submitting the name, address, telephone number and such biographical information as the City may request to the Board of Aldermen. The Board shall vote to accept or reject such person or persons so designated by the organization or entity and if rejected, no reason need be given for such rejection. The Mayor may temporarily approve a designated agent pending the next meeting of the Board. The Board of Aldermen may withdraw its approval of any person previously approved if, in its judgment, the person's performance is not satisfactory. An organization or entity with whom the City may contract shall have all of the rights, powers and duties that are provided in this Chapter. In the event such contract is entered into, all references herein to the Animal Control Officer shall be deemed to refer to the entity or organization with whom the City has contracted for animal control purposes.

Section 215.030 Restraint of Certain Animals.

[R.O. 2007 §215.030; Ord. No. 2743, 9-13-2007; Ord. No. 2920 §I, 1-14-2010]
A. 
All dogs shall be kept under restraint.
B. 
No dog or cat shall be permitted to appear unrestrained in any City park, cemetery or other public property.
C. 
No owner shall fail to exercise proper care and control of his/her animals to prevent them from becoming a public nuisance.
D. 
Every female dog or cat in estrus shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding.

Section 215.031 Dangerous Animals — Generally.

[Ord. No. 2920 §II, 1-14-2010]
A. 
Classification. The Chief of Police or his designated representative shall classify any animal with the following characteristics as a "dangerous animal" for purposes of this Section and Section 215.032 of this Code:
1. 
Any animal which has inflicted a severe or fatal injury on a human on public or private property. "Severe injury" means any physical injury resulting directly from an animal's bite or otherwise directly caused by an animal's actions, which results in broken bones or lacerations requiring stitches or hospitalization. The victim receiving severe injuries as defined above must provide the Police Chief with a signed physician's statement documenting the injury and the treatment qualifying such as a severe injury or sign an authorization for the release of such statement.
2. 
Any animal which has attacked or bitten a human being or domestic animal, without provocation, on public or private property other than the property of the owner.
3. 
Any animal which, while on the owner's property, has attacked or 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, or domestic animal.
4. 
Any animal which, while off the owner's property, has killed a domestic animal, livestock or poultry without provocation.
5. 
Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting.
6. 
Any animal which, when unprovoked, chases or approaches a person upon the streets, sidewalks or any public grounds or private property, other than that property of the owner, in a menacing fashion or apparent attitude of attack, regardless of whether or not a person is injured by said animal.
7. 
Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise threaten the safety of human beings or domestic animals.
B. 
Notice. Within five (5) working days after classifying an animal as a "dangerous animal", the Chief of Police or his designated representative shall notify the animal's owner of such classification in writing. The notice shall identify the requirements and conditions for maintaining a dangerous animal as set forth in this Section and Section 215.032. If the owner cannot be located, the animal may be immediately impounded and notice shall be posted at the owner's last known address.
C. 
Appeal And Hearing. If the circumstances surrounding the classification as a dangerous animal under any of the definitions listed in Subsection (A) of this Section are in dispute or if the animal owner contests the classification, then the owner has the option of submitting, within five (5) working days of notice of said classification, a written request to the Chief of Police for a hearing to contest the "dangerous animal" classification.
1. 
The City Administrator shall, within ten (10) working days after receipt of a bona fide written request, designate a Hearing Officer to conduct the hearing and render a decision.
2. 
Pending the outcome of such a hearing, the animal must be confined in such a manner so as not to be a threat to any person. The confinement may be on the owner's premises or with a licensed veterinarian.
3. 
The Hearing Officer shall determine whether to declare the animal to be a "dangerous animal" based upon evidence and testimony presented at the time of the hearing, in addition to witnesses, animal control personnel, Police or any other person possessing information pertinent to such determination. The hearing shall be informal and strict rules of evidence shall not apply. The owner may be represented by counsel, present oral and written evidence and cross-examine witnesses.
4. 
The Hearing Officer shall issue a decision after the close of the hearing and notify the owner in writing of the decision. The owner or possessor of the animal found to be a "dangerous animal" shall be required to maintain the animal as herein provided in this Code.
5. 
Any person aggrieved by the determination of the Hearing Officer may appeal the decision to the Circuit Court of Polk County, Missouri, pursuant to the provisions of Chapter 536, RSMo.
D. 
Exemptions To Dangerous Animal Classification.
1. 
No animal may be declared a "dangerous animal" 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 animal or was teasing, tormenting, abusing or assaulting the animal or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the animal or was committing or attempting to commit a crime.
2. 
The Chief of Police may, because of extenuating circumstances, determine from the investigation of an incident that an animal is not dangerous. However, the owner, being responsible for said animal, shall be warned of the animal's tendencies and shall take appropriate action to prevent subsequent incidences. This, however, does not exempt the owner from being cited for other animal control ordinance violations.
3. 
Animals owned by governmental or law enforcement agencies when being used in the services of those agencies are exempt.
E. 
Actions To Be Taken For Dangerous Animals Causing Severe Or Fatal Injuries.
1. 
An animal responsible for an unprovoked severe or fatal attack shall be humanely destroyed.
2. 
An animal responsible for a provoked severe or fatal attack should be maintained as a dangerous animal pursuant to Section 215.032 of this Code.

Section 215.032 Dangerous Animals — Owners' Responsibilities.

[Ord. No. 2920 §III, 1-14-2010]
A. 
Registration. Every owner or keeper of a dangerous animal in the City shall register said animal with the Chief of Police or Police Department of the City on the "dangerous animal" registry. Failure to so register shall constitute a violation of this Section. Notice of this requirement shall be given by posting a copy of this Section in City Hall.
B. 
Collar. Any dangerous animal shall wear at all times a bright orange collar with a large brightly colored metal tag attached to the collar so the animal can be readily identified as a dangerous animal.
C. 
Loose, Unconfined Or Missing Dangerous Animal. The owner or keeper shall notify the Police Department immediately if a dangerous animal is loose, unconfined or missing, has attacked another animal or has attacked a human being.
D. 
Reporting Requirements. The owner or keeper shall notify the City Police Department within twenty-four (24) hours:
1. 
Death or transfer of ownership. If a dangerous animal has died or has been sold or given away, or otherwise transferred in ownership or possession. If the animal has been sold, given away, or otherwise transferred in ownership or possession, the owner or keeper shall provide the City Police Department with the name, address and telephone number of the new owner or keeper, and, if the dog is kept within the City limits of Bolivar, the new owner or keeper must comply with the requirements of this Chapter.
2. 
Birth. All offspring of dangerous animals within the City must be removed from the City within two (2) months of their birth.
3. 
New address. Of the new address of a dangerous animal owner or keeper should the owner or keeper move from one address within the corporate City limits to another address within the corporate City limits.
E. 
Confinement.
1. 
All dangerous animals must be securely confined indoors or in a securely enclosed locked pen, kennel or other structure, except when leashed and muzzled as provided herein. The pen, kennel or other structure must be suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen, kennel or other structure must have minimum dimensions of five (5) feet by ten (10) feet and must have secure sides and secure top attached to all sides. The pen, kennel or other structure must be locked with a key or combination lock when dangerous animals are confined within. The pen, kennel or other structure must have a secured bottom or floor attached to all sides; however, if it has no bottom secured to the sides, the sides must be embedded in the ground no less than twelve (12) inches. The enclosure must also provide protection from the elements for the animal.
2. 
The enclosure, when occupied by a dangerous animal, shall not be occupied by any other animal. If the dangerous animal is a female with offspring under three (3) months of age, the offspring may occupy the same enclosure as the mother.
3. 
All structures erected to house dangerous animals must comply with all zoning and building regulations of the City. All such structures must be adequately lifted and ventilated and kept in a clean and sanitary condition.
4. 
No dangerous animal may be kept on the porch, patio or in 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.
F. 
Signs. The owner or keeper shall display a sign on their premises that there is a dangerous animal on the property and which bears a symbol warning children of the presence of a dangerous animal. The sign shall be visible and capable of being read from the public highway or thoroughfare from which the property is entered. In addition, a similar sign is required to be posted on the kennel or pen or fenced yard of such animal.
G. 
Leash And Muzzle. A dangerous animal may be off the owner's premises if it is muzzled and restrained by a substantial chain or leash not exceeding six (6) feet in length and under the control of a responsible person. The muzzle must not cause injury to the animal or interfere with its vision or respiration but must prevent it from biting any person or animal.
H. 
Insurance. The owner or keeper of a dangerous animal shall present to the City Police Department proof that the owner or keeper has procured liability insurance in the single incident amount of at least 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 dangerous animal covering the twelve (12) month period during which licensing is sought. An effective insurance policy with the coverage and in the amounts specified herein must be maintained by the owner or keeper at all times. This policy shall contain a provision requiring the City of Bolivar to receive ten (10) days' written notice by the insurance company prior to any cancellation, termination or expiration of the policy.
I. 
Photographs. All owners or keepers of dangerous animals must, within ten (10) days of such classification, provide the City Police Department with two (2) color photographs (one (1) showing the left profile and the other showing the right profile) of the animal, clearly showing the color, distinguishing markings and approximate size of the animal.
J. 
Compliance, Violations And Penalties.
1. 
It shall be unlawful for the owner or keeper of a dangerous animal within the City of Bolivar to fail to comply with requirements and conditions set forth in this Section. Any animal found to be in violation of this Section may be, in addition to other penalties provided by the Municipal Code, subject to immediate seizure and impoundment for a minimum of ten (10) days or the time necessary for the owner or keeper to show compliance with this Section, whichever is shorter.
2. 
Any person found guilty of violation of any provision of this Section shall be punished as provided in Section 100.220 of this Code. In addition to any penalty as provided above, the court shall order the registration of the subject dangerous animal revoked and the animal removed from the City. Should the defendant refuse to remove the animal from the City, the Municipal Court Judge may 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.

Section 215.035 Impoundment and Violation Notice.

[R.O. 2007 §215.035]
A. 
Unrestrained dogs, public nuisance animals and animals covered by Sections 215.045 and 215.050 may be taken by the Animal Control Officer and impounded at an animal shelter and there be confined in a humane manner.
B. 
Impounded animals shall be kept for not fewer than five (5) working days.
C. 
If 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 (or cause such notification to be given) of the impoundment and recovery procedures. If the owner of the impounded animal cannot be identified, then the Animal Control Officer shall make a complete registry of the animal.
D. 
Any animal not reclaimed by its owner within five (5) working days shall become the property of the animal shelter and be placed for adoption in a suitable home or humanely euthanized. No animal, living or dead, shall be sold, given, conveyed or otherwise transferred to laboratories or other institutions for the purpose of research or to dealers or to any individuals who supply animals to such institutions for research purposes.
E. 
Any animal that is claimed by its owner shall not be released unless:
1. 
The owner presents proof ownership;
2. 
Proof of City registration;
3. 
Proof of rabies vaccination administered by a licensed veterinarian within the prior twenty-four (24) months; and
4. 
Payment of the daily cost of care as determined by the City or the animal control shelter acting under contract with the City where the animal has been confined, plus all veterinarian or additional costs incurred during the period of confinement. If the rabies vaccination or City registration is not current, the owner shall be given five (5) business days within which to arrange for such vaccination and/or registration. If proof of vaccination or registration is not provided within the permitted time or payments of the costs of confinement are not paid or the purported owner fails to provide proof of ownership, the animal shall be deemed to have not been claimed and the provisions of Subsection (D) of this Section shall apply.

Section 215.040 Animal Neglect or Abandonment.

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 which results in substantial harm to the animal.
B. 
A person is guilty of animal abandonment when he/she has knowingly abandoned an animal in any place without making provisions for its adequate care.
C. 
Animal neglect or animal abandonment are ordinance violations. For a first (1st) offense of either violation, a term of imprisonment not to exceed fifteen (15) days, or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. For a second (2nd) or subsequent violation of either offense, a term of imprisonment not to exceed ninety (90) days, or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. All fines and penalties for a first (1st) conviction of animal neglect or animal abandonment may be waived by the court provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned animals may not be waived.
D. 
In addition to any other penalty imposed by this Section, the court may order a person found guilty of animal neglect or animal abandonment to pay all reasonable costs and expenses necessary for:
1. 
The care and maintenance of neglected or abandoned animals within the person's custody or ownership;
2. 
The disposal of any dead or diseased animals within the person's custody or ownership;
3. 
The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and
4. 
The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.

Section 215.043 Animal Abuse. [1]

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.
[1]
Note — Under certain circumstances this offense can be a felony under state law.

Section 215.045 Keeping of Wild Animals.

[R.O. 2007 §215.045]
A. 
No person shall own, possess or have custody on his/her premises any wild animal for display, training or exhibition purposes, whether gratuitously or for a fee.
B. 
No person shall keep or permit to be kept any wild animal as a pet.

Section 215.050 Performing Animal Exhibitions.

[R.O. 2007 §215.050]
A. 
No person may sponsor, promote or train an animal to participate in, contribute to the involvement of an animal in or attend as a spectator any activity or event in which any animal engages in unnatural behavior or 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 manner 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 shall apply 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.

Section 215.055 Animal Waste.

[R.O. 2007 §215.055]
The owner of every animal shall be responsible for the removal of any excreta deposited by his/her animal on public walks, recreation areas or private property.

Section 215.060 Entry On Private Property By Animal Control Officers.

[R.O. 2007 §215.060]
A. 
In the interest of public health, safety and the general welfare, any person keeping or harboring any animal or fowl in the City by so doing does hereby authorized the Animal Control Officer, the Chief of Police and/or any duly commissioned Police Officer of the City to enter without warrant upon private property that such person owns or controls where such animals or fowl is to be found in plain sight, other than within any residence structure, for the purpose of enforcement of this Chapter and to seize such animal from such private property to abate an ordinance violation.
B. 
By the authority of this Section, any animal that is deemed by the Animal Control Officer or the Chief of Police to be cruelly mistreated in violation of this Chapter or suffering may be seized from the property of its owner or keeper to abate the mistreatment or the suffering of that animal and it may be confined at a suitable animal shelter for disposition the same as if such animal was found running at large.
C. 
Any animal that has possibly exposed a person to rabies through a bite wound or other tissue invasion and that is found on the property of the owner or keeper may be removed from that property by the Animal Control Officer, the Chief of Police or any duly commissioned Police Officer, if such owner or keeper is not available, willing and able to surrender the animal for observation and testing as provided in this Chapter. It shall be unlawful for an owner to fail to deliver possession of an animal suspected of having bitten or caused a tissue invasion in any person upon request of the Animal Control Officer, the Chief of Police or any duly commissioned Police Officer of the City.
D. 
If the appropriate officer is unable to enforce his/her duties under this Section as a result of the owner or keeper's failure to permit entry or other obstructive conduct, such officer may apply to any court having appropriate jurisdiction for a warrant to enter upon any property where the animal is kept and to seize the animal or any purpose authorized herein.

Section 215.065 Human Exposure To Rabies or Other Zoonotic Disease — Animal Bites Generally.

[R.O. 2007 §215.065]
A. 
Any bite wound exposing an individual to the possibility of rabies or other zoonotic disease (an "incident") shall be immediately reported to the Animal Control Officer or Chief of Police or any duly commissioned Police Officers of the City by the victim and by the owner, keeper or harborer of the animal if the incident is known to such owner. Any animal bite that requires medical treatment shall be reported within twenty-four (24) hours to the Animal Control Officer or Chief of Police by the treating physician or other licensed health care provider caring for the patient. Upon receipt of such information and identification of the animal and its owner that caused the injury, it shall be the duty of the Animal Control Officer or Chief of Police or the designee of either of them to take control of the animal by any means authorized in this Section and to place such animal for observation in a duly licensed veterinary medical facility for such period of time as the veterinarian and/or the treating physician determine is necessary to determine if the animal has rabies or another zoonotic disease. The owner of the animal shall be liable for the costs of such confinement and observation. The death or any suspicious change in the health or behavior of the animal undergoing observation shall be reported to the Animal Control Officer or the Chief of Police, who shall be empowered to authorize tissue samples from the animal to be submitted to an appropriate laboratory for testing. If such tissue samples cannot be obtained from a living animal, the Animal Control Officer or Chief of Police may authorize the animal to be humanely euthanized for the purpose of obtaining such tissue samples. No physician, veterinarian, Animal Control Officer, Chief of Police or duly commissioned Police Officer of the City shall have any liability for having acted pursuant to the terms of this Section to protect the health and welfare of the injured person by determining if the animal causing such injury suffered from rabies or another zoonotic disease.
B. 
It shall be unlawful for any person to refuse to release an animal suspected of having bitten or caused an open injury to any person, to hide or conceal such animal or to take such animal from the City limits unless specifically so authorized in writing by the Animal Control Officer or the Chief of Police.

Section 215.070 Punishment For Violation.

[R.O. 2007 §215.075; Ord. No. 2567, 9-8-2005]
Unless a specific punishment is otherwise provided, any person violating any provision of this Chapter shall, upon conviction, be deemed guilty of an ordinance violation and subject to punishment as provided in Section 100.220 of this Code.

Section 215.080 Authority To Issue Citations.

[R.O. 2007 §215.120; Ord. No. 2186, 2-8-2001]
A. 
Any Animal Control Officer or Police Officer shall have the authority and is hereby empowered to issue citations to the owners or keepers of animals for violations of Chapter 215 of the Bolivar Municipal Code.
B. 
The citations issued by the officer shall be in substantially the same form as citations issued by Police Officers for traffic violations and shall give a date certain for the owner or keeper of the animal to appear in Municipal Court or other tribunal which may then be the forum appointed to hear such matters.

Section 215.090 Permitting Fowl To Run At Large.

[R.O. 2007 §225.430; Ord. No. 763 §4(l), 1-17-1980]
A. 
A person commits the offense of permitting fowl to run at large if he/she shall recklessly allow any domestic fowl which he/she owns or over which he/she has control to be on any City streets, sidewalks or public places or on the premises of another without permission.
B. 
This Section shall not apply to the fowl in the public park owned by the City of Bolivar.
C. 
Permitting fowl to run at large shall be an ordinance violation.

Section 215.100 Running At Large of Stock Prohibited.

[R.O. 2007 §225.440; Ord. No. 763 §4(m), 1-17-1980]
A. 
A person commits the offense of running at large of stock if he/she shall allow any animal of the species of horse, mule, cattle, sheep, goat or swine to be on streets of Bolivar without proper control or on the property of another without permission within the City.
B. 
Any person who keeps any of the above-named animals shall keep fences in such a condition to prevent their escape from that person's property.
C. 
If any of the above-named animals shall be found running at large within the City of Bolivar, the City Police or whoever they appoint shall impound the animal.
D. 
The Bolivar City Police shall then send notice to the owner of the animal or post such notice in a conspicuous location in the area where the animal shall be found, if the owner is not known, stating that such animal has been impounded.
E. 
The owner may reclaim the animal upon payment of a reasonable fee for the taking and keeping of the animal and upon proof of ownership as may be required by the City Police.
F. 
If the owner does not claim the animal within three (3) days, the Mayor of Bolivar may order the animal sold and shall place a notice in the newspaper of general circulation within the City setting forth a description of the animal, the date, time and place of sale and the right of the owner to claim the animal upon payment of costs and proper proof of ownership. Upon the sale of the animal and payment of the purchase price to the City Clerk, the charge for taking and keeping and selling the animal shall be deducted from that sale price and the balance shall be kept for six (6) months to be paid to any person who proves ownership of the animal sold. After six (6) months the money shall go into the general fund of the City of Bolivar.