[CC 1978 §270.010; Ord. No. 270.010, 2-19-2004; Bill No. 2010-14(270.010),
6-21-2010]
As used in this Chapter, the following words shall have the
meaning ascribed to them in this Section, unless the context indicates
otherwise:
Both dog and cat as defined herein.
Outside a fence or pen constructed in such a manner so that
the animal cannot escape and not on a leash attached to a permanent,
stationary object or controlled by some person physically able to
prevent the animal from escaping. This definition shall be interpreted
to imply to animals on or off the premises of the owner.
A member of the feline family both male and female.
Any of the following:
Any dog which, according to the records of the City Clerk, has
inflicted severe injury on a human being.
Any dog which, according to the records of the City Clerk, has
killed a domestic animal without provocation while off the owner's
property.
Any dog owned or harbored primarily or in part for the purpose
of dog fighting or any dog trained for fighting.
Any dog, not owned by a governmental or law enforcement unit,
used primarily to guard public or private property.
Any dog with a known propensity, tendency or disposition to
attack unprovoked, to cause injury or otherwise threaten the safety
of human beings or domestic animals.
Any dog which, when unprovoked, chases or approaches a person
upon the streets, sidewalks or any public or private property in a
menacing fashion or apparent attitude of attack.
Any vicious dog as defined in this Section.
A member of the canine family both male and female.
Any person, partnership, corporation or other entity owning,
controlling or possessing or having the management or care in whole
or in part of any animal.
Any of the following breeds of dogs:
Pit Bull, Staffordshire Bull Terrier, American Bull Dog, Aussie
Bull Dog, Alapaha Blue Blood Bull Dog, Banter Bull Dog, Catahoula
Bull Dog, Dorset Olde Tyme Bull Dog, French Bull Dog, Olde Boston
Bull Dog, Ca de Bou, Victorian Bull Dog, Valley Bull Dog, English
Bull Dog, American Pit Bull Terrier,
Rottweiler,
Doberman,
Chow,
[CC 1978 §270.020]
No animal owner shall keep any animal within the City after the first (1st) day of August, 1981, unless a license therefor has first been secured. The license shall be issued by the City Clerk for a fee of two dollars fifty cents ($2.50) per each animal. Every application for a license shall be accompanied by a certificate from a qualified veterinarian showing that the animal to be licensed has been given a vaccination against rabies in compliance with Section 205.060 of this Chapter. Animal licenses shall expire on the thirtieth (30th) day of July next following their issuance.
[CC 1978 §270.030]
It shall be the duty of each owner of an animal to pay the license fee imposed in Section 205.020 to the City Clerk on or before the first (1st) day of August of each year or upon acquiring the ownership or possession of any unlicensed animal or upon establishing residence in the City. The Clerk shall cause a notice of the necessity of paying such license fee to be printed in the official paper two (2) times before the thirtieth (30th) day of July each year.
[CC 1978 §270.040]
Upon the payment of the license fee, the City Clerk shall cause
the animal to be registered in the City animal register and such Clerk
shall enter into the City animal register the date of application
for the license tag, the number of the tag issued, to whom and for
whom issued, the breed, sex and color of such animal. The Clerk shall
thereupon furnish to the person a metallic plate or tag having plainly
marked, casted or stamped thereon figures indicating the year for
which the tag was issued and a number corresponding with the number
of the entry on the animal register. Such plates or tags shall be
attached to a leather or metal collar to be worn by the animal for
which the plate or tag was issued.
[CC 1978 §270.050]
Any person who without proper authority shall remove the collar
from the neck of any animal which has been registered under the provisions
of this Chapter shall be deemed guilty of an ordinance violation.
[CC 1978 §270.060]
Animal tags are not transferable and no refund shall be made
on any animal license fee because of leaving the City or death of
the animal before expiration of the license term. No license shall
be issued for an animal which has not been vaccinated against rabies
as provided previously under this Chapter during the ninety (90) day
period preceding the making of an application for the license except
that when an animal is first licensed for an entire year, the license
may be issued if the animal has been vaccinated within a period of
six (6) months preceding the application for a license. Vaccinations
shall be performed only by a doctor qualified to practice veterinary
medicine in the State the animal is vaccinated.
[CC 1978 §270.070; Bill No. 90-6(270.070), 3-19-1990]
A.
The Mayor
shall annually, or as soon after the first (1st) day of July or at
any time in case of a vacancy, appoint some suitable person as Humane
Officer of the City of Chaffee with such assistants as may be deemed
necessary. Alternatively, the Mayor may appoint a Police Officer employed
by the City of Chaffee to serve in the capacity of Humane Officer.
Such action shall be complete upon the approval of the City Council
after appointment of such person by the Mayor.
B.
The Humane
Officer shall maintain a telephone at which he/she may be reached
at any time, day or night.
C.
It shall
be the duty of the Humane Officer to keep the City animal pound in
a sanitary condition and to feed and water impounded animals daily.
He/she shall also protect impounded animals from cruel treatment.
D.
The Humane
Officer may be referred to in these ordinances as City Animal Impounder
or City Animal Catcher or City Dogcatcher.
[CC 1978 §270.080]
No person shall own, keep or harbor any dog which by loud, continual
or frequent barking, howling or yelping shall annoy or disturb any
neighborhood or person, or which habitually barks at or chases pedestrians,
horses or any vehicle whatsoever to the annoyance of such pedestrians
or drivers or owners of horses or vehicles; provided however, that
no violation under this Section shall be prosecuted without there
first being filed by an injured party a signed complaint formally
charging said violator hereunder.
[CC 1978 §270.090]
It shall be the duty of the City Animal Impounder, the City
Marshal and Policemen finding any animal in the City contrary to the
provisions of this Section to kill any such animal, if such animal
cannot be safely taken up and impounded or is rabid or injured to
the extent that destruction of such animal would be merciful.
[CC 1978 §270.100]
If the public safety is endangered by reason of mad or rabid
animals, the Mayor shall publish his/her proclamation in some newspaper
published in the City, said proclamation to be published for at least
two (2) weeks, ordering and requiring every person owning, keeping
or harboring any animal within the City to secure and muzzle the same
for a period of not less than sixty (60) days from the time specified
in the proclamation. Any animal not securely muzzled found running
at large within this City, during the time specified in said proclamation,
shall be immediately killed by any Policeman of the City.
[CC 1978 §270.110; Bill No. 87-8(270.010), 9-8-1987]
A.
No person,
owning, controlling, possessing, or having the management or care,
in whole or in part, of any animal shall permit such animal to run
at large unless such animal is securely tied or led by a line or leash
not to exceed ten (10) feet in length, so as to effectively prevent
such animal from biting, molesting or approaching any other person
or animal. Further, if said animal shall have a weight of thirty-five
(35) pounds or more, in addition to being securely tied or led by
a line or leash, said animal shall have in addition to any other collar
or chain, a choke chain to which said line or leash shall be securely
attached. Said line or leash shall be so attached to the choke chain
so that it will function in the manner by which said choke chain is
designed.
B.
Any bitch
(dog), registered under the provisions of this Chapter, found running
at large within this City while in heat shall be impounded. It shall
be unlawful for any person keeping or harboring within this City any
bitch (dog), knowing the same to be in heat, to suffer or permit the
same to run at large while in such state; and every person keeping
or harboring any bitch (dog) within this City, knowing the same to
be in heat, who shall suffer or permit the same to run at large while
in such state shall be deemed guilty of an ordinance violation.
C.
It shall
be unlawful for any person to keep and harbor within this City any
dangerous or vicious dog knowing the same to be dangerous or vicious,
and suffer or permit the same to be, or run at large, upon any public
street or sidewalk or thoroughfare, or on premises of persons other
than the owner or keeper, or in or on the premises occupied by such
owner or keeper, jointly or in common with any other person within
this City, without being properly muzzled. Every person violating
the provisions of this Section shall be deemed guilty of an ordinance
violation.
[CC 1978 §270.120]
A.
Any person
who commits any of the following acts is guilty of an ordinance violation:
1.
Baiting
or fighting animals;
2.
Permitting
baiting or animal fighting to be done on any premises under his or
her charge or control;
3.
Promoting,
conducting, or staging a baiting or fight between two or more animals;
4.
Advertising
a baiting or fight between two or more animals;
5.
Collecting
any admission fee for a baiting or fight between two or more animals;
6.
Knowingly
attending the baiting or fighting of animals;
7.
Knowingly
selling, offering for sale, shipping, or transporting any animal which
has been bred or trained to bait or fight another animal;
8.
Owning
or possessing any of the cockfighting implements, commonly known as
gaffs and slashers, or any other sharp implement designed to be attached
to the leg of a gamecock;
9.
Manufacturing,
selling, bartering or exchanging any of the cockfighting implements,
commonly known as gaffs and slashers, or any other sharp implement
designed to be attached to the leg of a gamecock.
[CC 1978 §270.130]
A.
The Humane
Officer shall take up and impound any animal found in the City not
wearing a tag indicating that such animal has been licensed and vaccinated
for the current year, whether such animal be with its owner, running
at large, or enclosed. It shall also be the duty of the Humane Officer
to take up and impound animals which may be kept or are running at
large contrary to any provision of this Chapter.
B.
It shall
be unlawful for any person to do any of the following, to wit:
1.
Tamper
with any property, cage, kennel or equipment used by the City dog
catcher or located upon the property used by the City for the catching
or impounding of stray or unlicensed animals.
2.
Enter
without authority upon the property used by the City for the impounding
of stray or unlicensed animals.
3.
Release
any animal impounded by the City without authority of the dog catcher,
Chief of Police, or Mayor.
[CC 1978 §270.140; Bill No. 97-09(270.140), 5-5-1997]
A.
The owner
of any licensed, impounded animal or any person with the written authority
of the owner may redeem the animal within a period of ten (10) business
days after impoundment by paying the Humane Officer the sum of five
dollars ($5.00) together with a boarding fee of ten dollars ($10.00)
for each day the animal has been impounded.
B.
The owner of any unlicensed, impounded animal or any person with the written authority of the owner may redeem the animal within a period of ten (10) business days after impoundment by paying the Humane Officer the sum of ten dollars ($10.00) together with a boarding fee of ten dollars ($10.00) for each day the animal has been impounded and by fulfilling the requirements of Subsection (C) herein.
C.
If such
animal has not been licensed or vaccinated for rabies, the owner,
in addition to paying the redemption fees and boarding fees and before
being entitled to have such animal, shall procure a conditional license
if no license has been issued, which will be issued upon the condition
that the owner make satisfactory arrangements to have the animal vaccinated
for rabies within forty-eight (48) hours after the release of the
animal from the pound, and the said owner shall within said forty-eight
(48) hours produce the certificate of vaccination from a duly licensed
veterinarian and exhibit the same to the Chief of Police, the Humane
Office or the City Clerk, whereupon the conditional license shall
be made unconditional.
[CC 1978 §270.150]
A.
Any animal
that is not redeemed within ten (10) business days after impoundment
shall become the property of the City of Chaffee, Missouri, and shall
be placed for adoption in a suitable home as set out by the Humane
Society or shall be humanly euthanized.
B.
When
licensed animals are impounded, the Humane Officer shall if possible,
with safety to himself/herself, determine the owner's identity and
advise the City Clerk's office of that fact, and the City Clerk shall
endeavor to notify the animal's owner of the animal's captivity within
forty-eight (48) hours from the time of capture. Such notice may be
given by any means reasonably calculated to communicate the same to
the owner or custodian of such animal.
C.
The notice as required in Subsection (B) of this Section shall take the following form:
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NOTICE OF IMPOUNDING ANIMALS
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Date
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TO WHOM IT MAY CONCERN:
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I have this date taken up and impounded in the pound of the
(City) at ________ Street, an animal answering to the following description:
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Sex ________ Color __________ Breed ___________ Type
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Approximate Age _______
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Name of Owner
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Notice is hereby given that unless said animal is claimed and
redeemed on or before ____ o'clock ____M. on the ____ day of __________,
20______, the same will be sold or killed as provided by ordinance.
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Signed
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Poundmaster
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[CC 1978 §270.160]
The owner of any animal which exhibits clinical symptoms of
rabies shall be required to have the animal confined under the supervision
of a licensed practicing veterinarian for ten (10) days for clinical
observation. All expenses shall be borne by the owner.
[CC 1978 §270.170]
A.
The owner
of any animal which has been exposed to rabies shall have such animal
destroyed or follow one (1) of the following alternatives:
1.
If the
animal has a current vaccination, the animal shall be revaccinated
or restrained by a leash or confined for a thirty (30) day period.
If rabies symptoms appear, the animal shall be placed under the care
and direction of a licensed veterinarian.
2.
If the
animal does not have a current vaccination, the animal shall be placed
under the care and direction of a licensed veterinarian. Any cost
incurred in complying with this Section shall be an obligation of
the owner.
[CC 1978 §270.180; Bill No. 2007-26(270.180), 8-20-2007]
A.
It shall
be unlawful to keep any animal in any structure, pen, coop or yard
that is not maintained in a clean and sanitary condition at all times,
devoid of all rodents and vermin and free from offensive, disagreeable
or obnoxious smell or odor to the injury, annoyance or inconvenience
of any of the inhabitants of the neighborhood.
B.
The accumulation
of animal feces/excrement on any private property is hereby declared
a nuisance.
1.
Accumulation
of animal feces/excrement for purposes of this Section shall mean:
2.
Each
owner, occupant or person having charge of any such property where
a nuisance exists who is notified in accordance with the provisions
set forth herein by the duly authorized agent of the City of Chaffee
to remove such feces/excrement shall be charged with the duty of removing
such feces and excrement and satisfactorily disposing of the same
within twenty-four (24) hours from the date and hour that the notice
is provided.
3.
Notice
of the existence of the nuisance shall be set forth in writing providing
the date of the inspection, the address of the property found in violation
and a description of the accumulation of feces/excrement being observed.
4.
If the
premises where an accumulation of feces/excrement is found contains
only a single-family dwelling, then the notice should be directed
to the occupant of such premises. If the premises where the accumulation
of feces/excrement is found contains more than one (1) dwelling unit,
the notice shall then be directed to the record owner of such premises
or to the agent in charge of the premises.
5.
The
effective date and hour of a notice issued under this Section shall
be determined in accordance with the manner in which notice was served.
a.
If
the notice is personally served to an owner of record of the property
or to an adult occupant of the premises or to the agent in charge
of such premises, then the effective date and hour of the notice is
the date and hour when so personally served; or
b.
If
the notice is delivered to the usual place of abode of an owner of
the property and delivered to a person in the owner's family who is
thirteen (13) years of age or older, such individual receiving the
notice shall be informed of the contents thereof and concurrently
a copy of the notice shall be sent by first class mail postage prepaid
addressed to the usual place of abode of such owner, then the effective
date and hour is the date and hour when the same was personally served
to the owner's family member; or
c.
If
the notice is sent by certified or registered mail addressed to an
owner of record at his/her last known address and receipt thereof
is returned with the signature of an owner of record, then the effective
date and hour of said notice shall be Midnight of the date following
the date that the owner signed the mailing acknowledgment receipt.
6.
Any person failing to satisfactorily remove and dispose of such feces/excrement within twenty-four (24) hours of the effective date and hour of the notice to remove the same shall be guilty of an ordinance violation and subject to a fine of not less than fifty dollars ($50.00) and not more than one hundred dollars ($100.00) for the first (1st) violation. Any person who shall be found guilty of violating the provisions of this Subsection (B) for a second (2nd) or subsequent time shall be punished by a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00). For the second (2nd) or any subsequent violation by the same person, no notice is required to be given and the person shall be subject to commencement of Municipal Court proceedings without additional notice being provided to that person.
C.
The owner or person in control of an animal when exercising the animal off of the property of the owner shall immediately collect and properly dispose of any feces that the animal may deposit on City property or private property. Any person found guilty of the provisions of Subsection (C) of this Section shall be punished in accordance with the general penalty provision of the City ordinances as set forth in Section 100.220 of this Code.
D.
It shall
be unlawful for the owner or any person in charge of any animal to:
1.
Fail,
refuse or neglect to provide such animal with sufficient wholesome
food, fresh potable water, adequate shade or shelter; or
2.
Cruelly
or unnecessarily expose any such animal to hot, stormy, cold or inclement
weather when adequate shelter is not accessible to the animal; or
3.
Carry
or keep any such animal in or upon any vehicle in a cruel or inhumane
manner.
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As used in Section 205.180(D), any reference to "shade" shall mean protection from the direct rays of the sun and the elements
or other weather conditions; and "shelter" shall
mean a moisture-proof structure of suitable size to accommodate the
animal and allow retention of body heat, made of durable material
with a solid floor raised at least two (2) inches from the ground
and with the entrance covered by a flexible, wind-proof material.
The shelter shall be provided with a sufficient quantity of suitable
bedding to provide insulation and protection against cold and dampness.
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[CC 1978 §270.190]
Licensed fees shall be waived for service animals or governmental
Police dogs. However, all other requirements shall be maintained under
this governing ordinance.
[Bill No. 2006-24(270.012), 10-2-2006]
A.
No person
or group of persons (regardless of whether the individuals reside
in one (1) residence) shall keep, harbor or maintain within the City
of Chaffee, Missouri, in any combination a total of more than four
(4) dogs and/or cats over the age of six (6) months unless such person
has a commercial kennel and appropriate licenses or is a licensed
Missouri veterinarian. Any person in violation of this Section shall
upon conviction be deemed guilty of an ordinance violation. Such conviction
shall be punishable by a fine of not more than five hundred dollars
($500.00).
B.
For the
purposes of this Chapter, all persons residing in one (1) residence
shall be considered one (1) owner. Further, the person(s) in possession
of the property where the dogs and/or cats are maintained shall be
deemed the person(s) harboring and maintaining the dogs and/or cats
on said property.
