[Ord. No. 889-90-2 §1; Ord.
No. 1147-12-06 §4, 9-6-2012; Ord. No.
1168-15-05 §1, 8-6-2015; Ord. No. 1253-22-06, 5-19-2022]
Any dog with one (1) or more of the following characteristics
is a "dangerous dog" and shall serve as just cause for enforcement
action:
Any dog 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; or
Any dog which has attacked or killed a domestic animal, livestock,
or poultry without provocation, while off the owner's property; or
Any dog owned or harbored primarily or in part for the purpose
of dog fighting or any dog trained for dog fighting; or
Any dog which has bitten or attacked a human being, without
provocation, on public or private property; or
Any dog which, when unprovoked, chases or approaches a person
upon the streets, sidewalks, or any public grounds, in a menacing
fashion or apparent attitude of attack, regardless of whether or not
a person is injured by such dog.
All animals of the canine or feline species, both male and
female.
Any person having a right of property in a dog or cat, or
who keeps or harbors a dog or cat, or who has it in his/her care,
or acts as its custodian, or who knowingly permits a dog or cat to
remain on or about any premises owned or occupied by him/her.
Suffering a dog or cat to be off the private premises of
the owner or keeper, or his/her agent or servant, and not on a leash
or confined to the arms, motor vehicle, trailer or other conveyance
of the owner or keeper, his/her agent or servant.
[Ord. No. 889-90-2 §2; Ord. No. 1195-17-08, 9-21-2017]
The owner or keeper of any dog or cat in the City of Palmyra
is hereby required to have such animals vaccinated against rabies
by a licensed veterinarian and to procure a certificate of such vaccination
from the veterinarian and to present such certificate to the Clerk
of the Police Department on or before January 1 of each year; and
the Clerk of the Police Department shall register such certificate
which such registration shall remain in force until December 31 next
following said registration; and upon registration, the Clerk of the
Police Department shall issue a tag evidencing the registration and
certificate of vaccination, and the owner or keeper shall securely
attach the tag so issued to a collar to be worn continuously by the
animal for which the tag was issued.
[Ord. No. 889-90-2 §3]
It shall be unlawful for the owner or keeper of any dog or cat to permit such animal to remain in the City of Palmyra unless wearing the tag above provided in Section 205.020.
[Ord. No. 889-90-2 §4]
It shall be unlawful for the owner or keeper of any dog or cat to permit the same to run at large within the City of Palmyra at any time. Any dog or cat found without the tag provided in Section 205.020, and any dog or cat found running at large shall be impounded.
[Ord. No. 1149-13-01 §1, 3-21-2013]
A.
It
shall be unlawful for the owner or keeper of any dog or cat to permit
such dog or cat to defecate on any public property or right-of-way,
or on any private property other than property owned or leased by
the person owning or keeping such dog or cat, subject to the following
provisions:
1.
It is a specific defense to a charge of violating this Section that
the person owning or keeping such dog or cat immediately removed the
animal waste and properly disposed of it in a sanitary manner.
2.
It is a specific defense to a charge of violating this Section that
the animal involved is a certified working animal trained to assist
disabled individuals and that the person owning or keeping such animal
has a disability which prevents the person from removing the animal
waste and properly disposing of it in a sanitary manner.
[Ord. No. 889-90-2 §5; Ord.
No. 1102-07-11 §§1 —2, 12-20-2007; Ord. No. 1126-09-09 §§1
— 3, 11-19-2009; Ord. No. 1253-22-06, 5-19-2022]
A.
It shall be unlawful to own, keep, harbor or in any way possess within
the City limits of the City of Palmyra, Missouri, any dangerous dog,
unless the owner has met all of the following requirements:
1.
Any dangerous dog which bites or scratches a human being, or
any dog whose actions during an incident are determined to be dangerous
shall be impounded for a ten (10) day rabies quarantine at the Municipal
Shelter or at a veterinarian clinic located within the City limits.
2.
All owners or keepers of dangerous dogs must allow Police or
Animal Control Officers to photograph the dog declared dangerous clearly
showing the color, markings and approximate size of the animal.
3.
No dangerous dog may be kept on a porch, patio or on any part
of a house or structure that would allow the dog to exit such building
on its own volition. In addition, no such animal may be kept in a
house or structure when the windows are open or when screen windows
or screen doors are the only obstacle preventing the dog from exiting
the structure.
4.
Owners or keepers of a dangerous dog allowed to go outside must
confine the animal in a securely enclosed kennel or locked pen or
structure, suitable to prevent the entry of young children and designed
to prevent the animal from escaping. Such pen or structure must have
minimum dimensions of ten (10) feet by twenty (20) feet and must have
secure sides and a secure top. If it has no bottom secured to the
sides, the sides must be embedded into the ground no less than twelve
(12) inches. The enclosure must also provide protection from the elements
for the dog.
5.
A dangerous dog may be off the owner's premises if it is
muzzled and restrained by a chain or leash with a minimum tensile
strength of three hundred (300) pounds not exceeding six (6) feet
in length and under the control of a responsible person seventeen
(17) years of age or older. The muzzle must be made in a manner that
will not cause injury to the dog or interfere with its vision or respiration
but must prevent it from biting any person or animal.
6.
The owner or keeper shall display a sign on his premises that
reads, in letters not less than two (2) inches high, "Beware of Dangerous
Dog." This 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.
7.
The owner or keeper shall notify the Police Department immediately
if a dangerous dog is loose, unconfined, or missing, has attacked
another animal or has attacked a human being.
8.
The owner or keeper shall notify the Police Department within
twenty-four (24) hours if a dangerous dog has died or has been sold
or given away. If the dog has been sold or given away, the owner or
keeper shall provide the Police Department with the name, address
and telephone number of the new owner. No dangerous dog can be sold
or given away to anyone residing within the City limits.
9.
The owner or keeper of a dangerous dog must provide proof, to
the Chief of Police or his/her designee, of liability insurance in
the 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 animal. An effective insurance policy
with the coverage and in the amounts specified herein must be maintained
by the owner or keeper 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 Chief of Police or his/her designee.
10.
It shall be unlawful for the owner or keeper of a dangerous
dog to fail to comply with the requirements and conditions set forth
in this Section. Any dog found to be subject to a violation of this
Section may be subject to immediate seizure and impoundment. The owner
or keeper of the dangerous dog shall have up to a minimum of ten (10)
calendar days to take necessary action to dispose of such dangerous
animal. If the owner or keeper of the dangerous dog fails to show
adequate compliance with this Section the Chief of Police is authorized
to dispose of the animal.
11.
All offspring born of a dangerous dog within the City must be
removed within two (2) months of their birth and cannot be sold or
given away to anyone who resides within the City limits.
[1]
Editor's Note: Former Section 205.055, Procedure For Declaring
Vicious Dog, was repealed 5-19-2022 by Ord. No. 1253-22-06. Prior
history includes Ord. No. 1179-16-05.
[Ord. No. 889-90-2 §6]
It shall be the duty of the Chief of Police, the City Police, and any other person of the City of Palmyra, especially designated by the City Council and the Mayor for such purpose, to take up any dog or cat without the tag provided in Section 205.020, any dog or cat running at large, or any vicious dog in violation of Section 205.050 above, and to impound the same. In effecting the capture of any dog or cat, the officers aforesaid are authorized and directed to use traps, nets, tranquilizer guns or any other humane method.
[Ord. No. 889-90-2 §7; Ord.
No. 1147-12-06 §1, 9-6-2012]
Costs of feeding and keeping dogs or cats impounded shall be
paid from the City Treasury.
[Ord. No. 889-90-2 §8; Ord.
No. 1147-12-06 §2, 9-6-2012]
Every officer impounding a dog or cat under this Chapter shall,
within twenty-four (24) hours after such impounding, enter upon a
registry open to the public, and available to view at the Police Department
of the City, a description of such dog or cat, including breed, color,
and approximate size, and the date apprehended, and if the owner or
keeper is known, the name and address of such owner or keeper; or
the owner or keeper shall be given actual notice of the impoundment
of such dog or cat before disposition of such dog or cat.
[Ord. No. 889-90-2 §9; Ord.
No. 1147-12-06 §3, 9-6-2012]
The owner or keeper of any dog or cat impounded under this Chapter
may reclaim the same by paying to the City Clerk or Police Clerk,
or other official especially designated to receive the same, a sum
sufficient to reimburse the City for its costs in impounding such
dog or cat and keeping it impounded.
[Ord. No. 889-90-2 §10; Ord.
No. 998-96-10 §1, 6-6-1996]
It shall be the duty of any officer impounding any dog or cat under this Chapter to keep the same impounded for a period of five (5) days, unless such dog or cat shall be reclaimed by its owner or keeper under Section 205.090 of this Chapter. If after the expiration of five (5) days from the date of such impoundment, such dog or cat shall not have been reclaimed, the same shall be put up for adoption or destroyed in any humane manner.
[Ord. No. 889-90-2 §11; Ord.
No. 1078-05-03 §1, 5-5-2005]
Any person, firm or corporation who shall violate any of the
provisions of this Chapter shall, upon conviction, be fined not less
than five dollars ($5.00) nor more than five hundred dollars ($500.00)
for each offense, and every day on which a violation occurs or continues
shall be considered as a separate offense.
