[R.O. 2011 §5-1; Ord. No. 2832 Art. I, 5-16-1994]
A.
The
Board of Aldermen of Salem, Missouri, intends, by adopting the animal
control ordinance, to declare as a matter of public policy that keeping
of dogs in the City of Salem constitutes a potential threat to the
health, safety, and welfare of the citizens of the City; that of their
animals and dogs; that dogs at large, barking dogs, rabid dogs, dangerous
dogs, and similar type of animals and the actions of their owners
through administrative regulation and civil and criminal enforcement
is necessary to protect the citizens of the City of Salem and their
property; and that provisions of this Chapter should be liberally
construed and are intended to implement the maximum control of rabid
animals under the powers of this City and the Statutes of the State
of Missouri.
B.
The
Board of Aldermen of Salem, Missouri, further intends to regulate
such other animals, including fowl, as hereafter mentioned for the
health and safety of its citizens and this Chapter should be liberally
construed to that end.
[R.O. 2011 §5-2; Ord. No. 2832 §§5-1 — 5-20, 5-16-1994]
When used in this Chapter, the listed words and terms have the
following meanings:
A person is guilty of abandonment when he/she has knowingly
abandoned an animal in any place without making provisions for its
adequate care.
Every living creature, domesticated or wild, but not including
Homo sapiens.
Any person designated by the City and is a member of the
Salem Police Department is charged with enforcing this Chapter. Additionally,
Animal Control Officer's duties and obligations shall be determined
by the Chief of Police and said officer's salary shall be paid from
general revenue.
To be off the premises of the owner or custodian and not
under direct physical control of the owner or custodian by means of
a leash or other mechanism of control. This requirement does not apply
to any dog while assisting Law Enforcement Officers, participating
in obedience training, dog show or an obedience trial, or while being
trained for any of these pursuits.
Any physical pain, illness, impairment of physical or mental
condition, or physical injury wherein the skin is broken, bleeding
occurs, bruising occurs, or bone, tissue, or muscle damage is suffered
or emergency medical treatment becomes reasonably necessary for a
person or animal.
The City of Salem, Missouri.
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.;
Purposely or intentionally causes injury or suffering to an
animal; or
Having ownership or custody of an animal knowingly fails to
provide adequate care or adequate control.
Any dog which, without provocation, attacks or bites, or has
attacked or bitten, a human being or domestic animal; or
Any dog with a known propensity, tendency or disposition to
attack unprovoked, to cause injury to, or otherwise threaten the safety
of human beings or domestic animals; or
Any dog which causes serious bodily injury to a person, regardless
of size; or
Any dog which causes bodily injury to a person or animal on
two (2) or more occasions; or
Any dog which causes bodily injury to a person or animal and
the bodily injury occurs off the dog owner's premises; or
Any dog that is at large and exhibits repeated or continuous
aggressive behavior; or
Any dog that has been specifically found to be dangerous by any court or jury; provided however, that a dog which attacks, terrorizes, or causes any bodily injury to a person or animal in immediate response to objectively unreasonable provocation shall not be found to be dangerous, if the dog owner establishes such facts as an affirmative defense to a charge for violation of Section 205.150 of this Chapter or to the satisfaction of the investigating Animal Control Officer; or
Any dog which because of its size, physical nature, or dangerous/vicious
propensity is capable of inflicting serious physical harm or death
to humans and/or destructive to property and which would constitute
a danger to human life or property if it were not kept in the manner
required by this Chapter; or
Any dog owned or harbored primarily or in part for the purpose
of dog fighting or any dog trained for dog fighting or has engaged
in a dog fighting contest with the owner's knowledge; or
Any dog that is infected with rabies; or
A Pit Bull dog.
Any member of the canine species, including dogs of wild
extraction.
A dog that is, or may credibly be alleged to be, any hereditary
part related to wild canines, including, but not limited to, the wolf
family (canis lupis) and/or the coyote family (canis latrans).
To feed or shelter an animal at the same location for three
(3) or more consecutive days.
A chain, cord, or tether not more than ten (10) feet in length
which is securely attached to and capable of restraining the animal.
Every act or omission to act which causes or unreasonably
permits the continuation of unnecessary or unjustifiable pain or suffering.
Failure to provide food, water, protection from the elements,
or other care generally considered to be normal, usual and accepted
for an animal's health and well-being consistent with the species,
breed and type of animal.
Any person, or person acting as custodian, partnership, corporation,
or an agent of the foregoing who owns, co-owns, possesses, keeps,
harbors or who has control or custody of an animal; or the person
named as owner in current rabies licensing or in the dog identification
tag; or any parent, guardian, or legal custodian of any unemancipated
child under eighteen (18) years of age which child owns, co-owns,
possesses, keeps, harbors, or has control of custody of an animal.
References to the masculine gender of an owner include the feminine
gender.
Any dog that is an American Pit Bull Terrier, American Staffordshire
Terrier, Staffordshire Bull Terrier, or any dog displaying the majority
of physical traits of any one (1) or more of the above breeds, or
any dog exhibiting those distinguishing characteristics which substantially
conform to the standards established by the American Kennel Club or
United Kennel Club for any of the above breeds. The A.K.C. and U.K.C.
standards for the above breeds are on file in the office of the City
Clerk of the City of Salem.
Property owned, leased, or expressly permitted to be used
by an owner; or any confined area or locality such as a residence,
business, room, shop, building, or motor vehicle in which the animal's
presence is authorized by the owner of the premises. The term "premises" includes the open bed of a motor vehicle.
Harassment, teasing, threatening, striking, or attacking
an animal or its owner in the animal's presence, by either a person
or another animal. Provocation shall not include the lawful presence
of an individual or animal in close proximity to, but not within or
upon property of another, or where a dog is tied, kept, kenneled or
harbored.
Includes any dog whose owner, keeper or custodian has been
convicted or plead guilty to three (3) or more violations of this
Chapter concerning the same dog within a two (2) year period.
A secure enclosure used for purposes of transporting a dangerous
dog and which includes a top and bottom permanently attached to the
sides except for a door for removal of the dog. Such enclosure must
be of such material, and such door closed and secured in such a manner
that the dangerous dog cannot exit the enclosure on its own.
Bodily injury which, either at the time of the actual injury
or at a later time, involves a substantial risk of death, a substantial
risk of permanent disfigurement, a substantial risk of protracted
loss or impairment of the function of any part or organ of the body
or breaks, or lacerations requiring stitches or hospitalization.
The vaccination of an animal with an anti-rabies vaccine
approved by the Missouri Department of Health and administered by
a veterinarian licensed by the State of Missouri.
[R.O. 2011 §5-86; Ord. No. 2832 §5-83, 5-16-1994]
No person shall interfere with, molest, hinder, or prevent the
Animal Control Officer from discharging duties prescribed by this
Chapter or other law.
