Editor's Note — Ord. no. 96-10 enacted a new animal control
code as set out herein. Former ch. 215 derived from ord. no. 90-7
§§1 — 3, 7-10-1890.
[Ord. No. 96-10 §1, 2-1-1997; Ord. No. 2001-13 §1, 8-14-2001]
Whenever the following terms are used, each shall have the meaning
respectively ascribed in this Section:
- ANIMAL
- Any dog, cat, domestic animal, dangerous animal, wild animal or other living reptile or non-plant creature.
- ANIMAL SHELTER
- The facility or facilities designated by the City of Lake Ozark or its authorized agents for purposes of impounding or caring for animals held under the authority of this Chapter or State law.
- COMMERCIAL ANIMAL ESTABLISHMENT
- Any pet shop, grooming shop, auction, riding school, stable, kennel, guard dog service, dog trainer or business keeping animals in stock for retail, wholesale, trade or any establishment performing one (1) or more of the principal activities of the aforementioned establishments.
- DANGEROUS ANIMALS
- The following animals are deemed to be dangerous animals per se:
- 1. All species of bears;
- 2. Leopards;
- 3. Lions;
- 4. All types of lynxes;
- 5. All types of panthers, including, but not limited to, cougars, pumas, jaguars, ocelots, cheetahs, margay, mountain lions, bobcats and hyenas;
- 6. Tigers;
- 7. All venomous snakes;
- 8. Alligators;
- 9. Crocodiles;
- 10. Caymans;
- 11. Chimpanzees;
- 12. Orangutans;
- 13. Any constrictor snake of over four (4) feet in length;
- 14. Foxes;
- 15. Wolves;
- 16. Coyotes;
- 17. All non-human primates.
- DOMESTIC ANIMAL
- Any animal which is domesticated as opposed to wild or free roaming, specifically including dogs.
- HARBORING
- Any person who offers asylum, refuse or sanctuary to any animal on a basis so temporary as to not be deemed to be owning or keeping shall be deemed to be harboring.
- HUMANE OFFICER
- Any person employed by the City of Lake Ozark to enforce this Chapter.
- KENNEL
- Any person, group of persons or corporation engaged in the commercial business of breeding, buying, selling or boarding dogs and/or any person who owns, harbors or keeps five (5) or more dogs at one time exclusive of a litter of newborn animals disposed of within two (2) months after birth.
- LARGE ANIMAL
- Any swine, bovine, goat, sheep, beast of burden or any other domestic or wild animal of similar or larger size.
- LICENSE TAG
- Any system or systems of animal identification approved by the Chief of Police which do not involve alterations or permanent marking of an animal.
- OWNER
- Any person, group of persons or corporation owning, keeping or maintaining any animal.
- OWNING, KEEPING OR MAINTAINING
- Any person who feeds or shelters any animal for three (3) or more consecutive days or who professes ownership of such animal shall be deemed to be owning or keeping.
- PERSON
- Any individual, group, partnership, corporation or other identifiable entity.
- PUBLIC NUISANCE
- Any animal (or group of animals which contains any animal) which:
- 1. Molests any passerby or chases passing vehicles including bicycles.
- 2. Attacks any other animal.
- 3. Is in heat or not properly restrained or confined as provided in this Chapter.
- 4. Is at large in violation of this Chapter.
- 5. Damages public or private property.
- 6. Barks, whines or howls in an excessive fashion which is hereby defined as continuous or untimely so as to disturb the peace of persons in the vicinity.
- 7. Is ridden on public property which obstructs or interferes with vehicular or pedestrian traffic.
- 8. Causes injury to people.
- 9. Threatens or causes a condition which endangers public health.
- 10. Impeded refuse collection by ripping any bag or tipping any container of such.
- RESTRAINT
- An animal is under restraint if it is within a fully enclosed or fenced area or under leash of the owner, keeper, harborer or maintainer.
- SMALL ANIMAL
- Any animal not within the definition of large animal, but including all dogs with reference to size.
- SUPERVISOR OF ANIMAL CONTROL
- The use of this title throughout the Chapter shall mean the individual, group or business entity designated by the Board of Aldermen and the staff assigned to work under the direct control of the Supervisor of Animal Control so designated who may act through such staff to perform any duty under this Chapter, unless otherwise specifically stated.
- VETERINARY MEDICAL CARE FACILITY
- A facility which has the primary function of providing medical care for animals and is operated by a currently licensed veterinarian.
- WILD ANIMAL
- Any animal which is predominantly free roaming as opposed to domesticated.
[Ord. No. 96-10 §2, 2-1-1997]
The intent of this Chapter is to require animal owners, keepers,
harborers or maintainers to comply with the ordinances of this City
and not merely to operate an impoundment program. The enforcement
of this Chapter shall therefore place primary emphasis upon apprehending
and initiating prosecution of violators of this Chapter.
[Ord. No. 96-10 §3, 2-1-1997]
Except where otherwise provided, it shall be the duty of the
Supervisor of Animal Control to administer and enforce the provisions
of this Chapter directly or through staff supervised by said Supervisor
of Animal Control.
[Ord. No. 96-10 §4, 2-1-1997]
It shall be the duty of the Police Department to assist the
Supervisor of Animal Control in enforcing the provisions of this Chapter.
[Ord. No. 96-10 §5, 2-1-1997]
The Supervisor of Animal Control shall keep a record in which he/she shall enter all his/her official transactions. Such record shall be open to the inspection of any person as authorized or limited by the Revised Statutes of Missouri, particularly Chapter 610 and such other enactments as may be or become applicable.
[Ord. No. 96-10 §6, 2-1-1997]
A.
Any unrestrained
dog or any animal defined as a public nuisance by this Chapter may
be taken by the Police or Supervisor of Animal Control and impounded
in an animal shelter or at a designated holding place and be there
confined in a humane manner pending further action pursuant to this
Chapter. In lieu of impoundment or in addition thereto, a General
Ordinance Summons may be issued to that person and said person may
retain possession of the animal if it is the belief of the Officer
issuing such summons that such possession is not in conflict with
any other Section of this Chapter.
B.
Whenever
any animal is confined by authority of this Chapter, it shall be the
duty of the Supervisor of Animal Control to release the same upon
satisfactory proof that the party claiming the animal is entitled
to possession thereof and upon payment to the City Clerk of all applicable
fees prescribed by this Chapter and the fee of any license that may
be required by this Chapter.
[Ord. No. 96-10 §7, 2-1-1997]
After impoundment of any animal where a General Ordinance Summons
has not been issued to the owner or keeper, the Supervisor of Animal
Control shall promptly notify the owner of such animal of its impoundment
if the owner can be determined and located by reasonable investigation;
however, no liability shall attach to the City or to the Supervisor
of Animal Control or his/her staff for failure to give such notice.
The owner of an impounded animal who does not redeem his/her animal
may still be proceeded against for violation of applicable Section
or Sections of this or any other applicable ordinance.
[Ord. No. 96-10 §8, 2-1-1997; Ord. No. 2001-13 §1, 8-14-2001]
A.
The keeping or harboring of dangerous animals other than dogs within the City is hereby prohibited. Other than as to dogs, which are regulated by Section 215.160, the Supervisor of Animal Control shall have the authority to declare an animal dangerous because of past behavior, violations of this Chapter or the inherently dangerous nature of the animal as to persons. Such a declaration shall be grounds for the impoundment and destruction of the animal unless, without danger to the public, it can be and is removed from the City within forty-eight (48) hours.
B.
Within
any "residential area" (for purposes of the Section
here defined as any area not zoned for commercial, agricultural or
industrial purposes), the keeping or harboring of any warm-blooded
carnivorous or omnivorous animal (excluding laboratory purposes) and
animals having poisonous bites is hereby prohibited, if not elsewhere
prohibited in this Chapter.
C.
The members
of the Police Department or any other persons designated by the City
are authorized to kill any dangerous animals of any kind when it is
necessary for the protection of any person or property and the animal
cannot safely be taken and impounded.
[Ord. No. 96-10 §9, 2-1-1997]
A.
In the
interest of public health, safety and the general welfare and to regulate
or prohibit the keeping or running at large of any animal, any person
keeping or harboring any animal in the City by so doing does thereby
authorize the Supervisor of Animal Control to enter without warrant
upon private property he/she owns or controls whereby such animal
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 said private property to abate an ordinance violation.
B.
By authority
of the Section, any animal that is deemed by the Supervisor of Animal
Control to be suffering or cruelly mistreated in violation of this
Chapter, 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 an animal shelter for disposition under the terms of
this Chapter.
C.
Any animal
that has possibly exposed a person to rabies through a bite wound
or other tissue invasion and remains on private property, may be removed
from that property by a Humane Officer or Police Officer if such owner
or keeper is not available, willing and able to surrender the animal
for observation.
D.
Any female
dog in season and not confined in a building or solid enclosure as
required may be removed from that property of the owner or keeper
to abate such nuisance.
[Ord. No. 96-10 §10, 2-1-1997]
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, RSMo.,
1994;
2.
Purposely,
intentionally or recklessly causes injury, suffering or pain to an
animal;
3.
Abandons
an animal in any place without making provisions for its adequate
care;
4.
Overworks
or overloads an animal, or drives or works an animal unfit to work;
or
5.
Having
ownership or custody of an animal willfully fails to provide adequate
care or adequate control.
[Ord. No. 96-10 §11, 2-1-1997]
A.
Animal Neglect. 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.
B.
Bullbaiting And Cockfighting — Penalty. Any person
who shall keep or use, or in any way be connected with or interested
in the management of, or shall receive money for the admission of
any person to any place kept or used for the purpose of fighting or
baiting any bull, bear, cock or other creature, except dogs, any person
who shall encourage, aid or assist or be present thereat, or who shall
permit or suffer any place belonging to him/her or under his/her control
to be so kept or used, shall, on conviction thereof, be fined not
more than five hundred dollars ($500.00) and/or be confined for not
more than ninety (90) days.
[Ord. No. 96-10 §12, 2-1-1997]
Every pen, run, cage or other yard establishment wherein any
dog is kept shall be maintained so that no offensive, disagreeable
or noxious smell or odor shall arise.
[Ord. No. 96-10 §13, 2-1-1997]
It shall be unlawful for the owner, keeper, harborer or maintainer
to allow or permit any species of animal to become a public nuisance.
[Ord. No. 96-10 §14, 2-1-1997]
A.
No domestic
animal afflicted with a contagious or infectious disease shall be
allowed to run at large or to be exposed in any public place whereby
the health of man or beast may be affected; nor shall a diseased animal
be shipped or removed from the premises of the owner thereof, except
under the supervision of the Chief of Police or the Supervisor of
Animal Control.
B.
It is
hereby made the duty of the Supervisor of Animal Control to secure
such disposition of any diseased animal and such treatment of affected
premises to prevent the communication and spread of the contagion
or infection, except in cases where the State veterinarian is empowered
to act.
[Ord. No. 96-10 §15, 2-1-1997; Ord. No. 2001-13 §1, 8-14-2001]
A.
It shall
be unlawful and a public nuisance for any person in charge of a location
to keep or allow to be kept more than four (4) animals over the age
of one hundred eighty (180) days at such location unless the location
of all of the animals kept there are within one (1) or more of the
following exceptions:
1.
The
location is licensed as a commercial animal establishment.
B.
When
animals in excess of the limits established in the preceding Subsection
are found at a location, all of the animals found at the location
may be removed to an animal shelter to be handled as if stray animals
except that the person in charge of the location, if present, may
designate and retain up to four (4) licensed animals.
C.
This
Section shall not apply to the keeping of gerbils, hamsters or guinea
pigs which are kept in cages and not allowed outside any structure.
[Ord. No. 96-10 §16, 2-1-1997; Ord. No. 2001-13 §1, 8-14-2001]
A.
Confinement. Other than when using a dog as a guard dog
or for law enforcement, no person shall own, keep, harbor or allow
to be upon any premises occupied by him/her or under his/her charge
or control any dog of a cross, dangerous or ferocious disposition
which shall include but not be limited to, any dog which has without
provocation bitten two (2) or more humans within the prior twelve
(12) months without such dog being securely chained or restrained
in such manner that the animal cannot range within closer than three
(3) feet to the property line of the property of the owner, keeper
or harborer.
B.
Placarding Premises. When any dog is required by this Section
to be confined, it shall also be required that a conspicuous notice
be posted at the place of confinement of such a nature as to warn
the public of the nature of the dog therein confined.
C.
Guard Dogs. Any "guard dog" (for the purpose
of this Chapter here defined as a dog owned by a governmental unit
which dog is used to guard public or private property) used in the
City by virtue of such use is hereby declared to be subject to the
license requirements of this Chapter, must be vaccinated against rabies
by a licensed veterinarian; must, if brought into the City from without
the State of Missouri, be accompanied by the official health certificate
required by the Code of State Regulations, which certificate shall
be exhibited upon the request of any City Animal Control or Police
Officer, must be controllable by its keeper and must not be used in
a manner which, as determined by the Supervisor of Animal Control,
endangers individuals not on the premises guarded. Any person operating
a guard dog service in the City shall register such business with
the Supervisor of Animal Control and shall list all premises to be
guarded with the Supervisor of Animal Control before service begins.
D.
Violation — Disposition Of Dog. Upon conviction of
failure to comply with any provision of this Section in addition to
the usual judgment of conviction, if it shall appear to the Municipal
Judge that such dog is still living, he/she may order that said dog
to be humanely killed and direct the Supervisor of Animal Control
to enforce that order and the Police Department shall assist as may
be requested by the Supervisor of Animal Control.
[Ord. No. 96-10 §17, 2-1-1997]
A.
No person
shall own or keep any animal which by making excessive noise disturbs
a neighborhood. The following definitions and conditions shall be
specially applicable to enforcement of the aforesaid prohibition of
this Section:
1.
Definitions. The following words shall have the meanings
as set out herein:
- EXCESSIVE NOISE
- Shall mean and include any noise produced by an animal which is so loud and continuous or untimely as to disturb the sleep of a neighbor.
- NEIGHBOR
- An individual residing in a residence structure which is within one hundred (100) yards of the property on which the animal is kept or harbored and who does in writing state that he/she will testify under oath to said animal making excessive noise.
2.
If a
General Ordinance Summons is issued charging violation of this Section,
a subpoena shall also be issued to the disturbed neighbor to testify
in the matter.
[Ord. No. 96-10 §18, 2-1-1997]
No person shall own, keep or harbor any dog or other animal
which by jumping upon or threatening persons upon public streets shall
cause persons to be put in fear of injury. This Section shall apply
to animals while being walked on leashes and the unprovoked attack
by an animal on a leash upon any person shall constitute an assault
or battery by the person holding the leash and failing to prevent
the unprovoked attack by such animal.
[Ord. No. 96-10 §19, 2-1-1997]
The owner, keeper or person harboring any female dog shall,
during the period that such animal is in heat, keep it securely confined
and enclosed within a building except when out upon such person's
premises briefly for toilet purposes while on leash or otherwise effectively
physically restrained. For the purpose of this Section, "briefly
for toilet purposes", shall consist of a maximum time of
fifteen (15) minutes on each separate occasion.
[Ord. No. 96-10 §20, 2-1-1997; Ord. No. 2001-13 §1, 8-14-2001]
A.
It shall
be unlawful for any person owning, keeping or harboring any animal
to permit, suffer or allow said animal to run at large within the
City. For the purpose of this Section, any animal shall be deemed
to have been permitted, suffered or allowed by its owner, keeper or
harborer to run at large when found outside of the residence structure
of the owner, keeper or harborer and not effectively physically restrained
on a chain or leash or behind a suitable fence or other proper method
of physical restraint from which it cannot escape.
B.
A legally
blind person using a "seeing eye dog" in the customary manner shall
be deemed to be in compliance with this Section.
C.
Official
use of dogs by a governmental unit shall be deemed in compliance with
this Section.
[Ord. No. 96-10 §21, 2-1-1997]
A.
If a
dog is found within the City limits of Lake Ozark, Missouri, not under
restraint and is impounded, a notice of violation of the Code of Ordinances
of the City shall be delivered in person or sent by first class mail
to the owner, keeper, harborer or maintainer, if known.
B.
If such
violation is a first (1st) violation with respect to said dog, the
owner may appear within seventy-two (72) hours after receipt of such
notice and the owner shall, after payment of any license fee, impoundment
fee, board fee, and other expenses of confinement then due and owing,
shall reclaim the dog. In second (2nd) and subsequent violations of
this Chapter requiring restraint, the owner may reclaim said animal
after payment of any license fee, impoundment fee and board fee but
a complaint shall be issued, and the owner, harborer, keeper or maintainer
shall appear in Municipal Court in response to said compliant.
[Ord. No. 96-10 §22, 2-1-1997]
A.
Impounded
animals shall be kept for not less than seven (7) days except:
1.
When
given to be disposed of by an owner, keeper or harborer, in which
case the animal shall be held until the next calendar day before making
disposition.
2.
When
an animal arrives at the shelter in so sick or injured a condition
that in the judgment of the Supervisor of Animal Control or licensed
veterinarian, human compassion requires that the suffering be promptly
ended, in such instance said time period shall not apply and the animal
will be humanely killed to prevent needless suffering.
B.
Whenever
any animal shall remain in the animal shelter or at a place of impoundment
of a designated representative for a longer period than seven (7)
days from the impounding of such animal said animal shall be disposed
of in a humane manner by the Supervisor of Animal Control.
C.
The Supervisor
of Animal Control may, in lieu of having an unclaimed animal killed
as proved herein, give such animal into the custody of any adult requesting
custody (animal adoption) of such specific animal as a pet after viewing
it, providing that in the judgement of the Supervisor said person
will humanely care for such animal and will not permit its use for
laboratory or experimental purposes. If more than one (1) qualified
person requests an animal, the Supervisor of Animal Control may award
it to the custody of the person making the highest and best bid.
D.
No animal
will be given to the custody of a person who, in the judgment of the
Supervisor, is requesting the animal with the intent to sell it. Not
more than two (2) animals may be given into the custody of any individual
or family per year.
[Ord. No. 96-10 §23, 2-1-1997]
A thirty-five dollar ($35.00) fee or actual cost to the City
of Lake Ozark shall be charged when any animal is picked up by the
Supervisor of Animal Control and transported to the animal shelter
or other City designated place of impoundment which shall be at the
rate of the actual cost to the City of Lake Ozark; provided however,
that such fee shall be increased by the actual amount of any unusual
expense incurred either in the impoundment or the care of said animal,
this payment is required for animal adoption.
[Ord. No. 96-10 §24, 2-1-1997; Ord. No. 2001-13 §1, 8-14-2001]
It shall be the duty of every person owning, keeping or harboring
in the City any animal one hundred eighty (180) days old or older
to procure a license therefor from the City Clerk or his/her designee.
The receipt issued for the license shall show evidence of a certificate
of vaccination to obtain a City pet license for the keeping of such
animal within the City. The City Clerk may delegate authority to the
Supervisor of Animal Control to enforce any Section of this Chapter
requiring licensing. This Section shall not apply to the keeping of
gerbils, hamsters or guinea pigs which are kept in cages and not allowed
outside any structures.
[Ord. No. 96-10 §25, 2-1-1997]
Hospitals, clinics and other facilities operated by licensed veterinarians for the care and treatment of animals are exempt from all provisions of Section 215.240. The licensing provisions of this Section shall not apply to non-residents of the City unless they keep a dog within the City for more than thirty (30) days. If a dog is fully trained as a "seeing eye dog" and is regularly used in the service of a blind person or is owned by a governmental unit, then such license shall be issued without the payment of a fee.
[Ord. No. 96-10 §26, 2-1-1997; Ord. No. 2001-13 §1, 8-14-2001]
Written application for animal license shall be made to the
City Clerk and shall state the name, address of the owner and the
name, breed, color, sex and distinguishing marks of the animal.
[Ord. No. 96-10 §27, 2-1-1997; Ord. No. 2001-13 §1, 8-14-2001]
The yearly fee shall be five dollars ($5.00) for each animal
over the age of six (6) months which has been neutered or spayed.
The yearly fee for each animal over the age of six (6) months not
neutered or spayed shall be fifty dollars ($50.00).
[Ord. No. 96-10 §28, 2-1-1997; Ord. No. 2001-13 §1, 8-14-2001]
The license evidenced by the certificate of registry shall entitle
an owner or keeper to keep the licensed animal in the City until the
first (1st) day of January next following the date of the issuance
of the animal license and certificate.
[Ord. No. 96-10 §29, 2-1-1997; Ord. No. 2001-13 §1, 8-14-2001]
Before the City Clerk or his/her designee issues any license
or tag for an animal, the owner or keeper thereof shall file with
the City Clerk a certificate from a licensed veterinarian showing
that within three hundred sixty-five (365) days prior to the issuance
of such license, the animal was immunized against rabies. The certificate
must show that the animal has been neutered or spayed or the license
fee for non-neutered or non-spayed animals shall be paid.
[Ord. No. 96-10 §30, 2-1-1997]
The City Clerk or his/her designee shall keep for a period of
three (3) years a record giving the name and address of the owner
or keeper of each licensed dog and the number of the certificate of
registry together with a general description of the dog.
[Ord. No. 96-10 §31, 2-1-1997]
At the time of issuance of license required by this Chapter,
the City Clerk or his/her designee shall deliver therewith a license
tag showing the registration number and expiration date of the license.
A replacement license tag shall be furnished by the City Clerk to
any such owner or keeper upon application and payment of one dollar
($1.00). Any change in the form of license tag or tags used shall
first be approved by the Chief of Police.
[Ord. No. 96-10 §32, 2-1-1997; Ord. No. 2001-13 §1, 8-14-2001]
A.
No owner or keeper of any licensed animal shall allow or permit such animal to be outside the residence of said owner or keeper at any time other than when enclosed on all sides in a cage or covered animal run without having attached to a collar about the neck of such animal or to a secure body harness, the license tag provided for in Section 215.310, except when such animal is being handled in the course of any organized animal training or exhibition program.
B.
No person
shall remove, or cause to be removed, the collar, harness or the license
tag from any registered animal without the consent of the owner or
keeper thereof.
[Ord. No. 96-10 §33, 2-1-1997]
A.
Every
animal which bites or scratches a person shall be promptly reported
to the Supervisor of Animal Control or a Police Officer and shall
thereupon be securely quarantined at the direction of the Supervisor
of Animal Control for a period of ten (10) days and shall not be released
from such quarantine except by written permission of the Supervisor
of Animal Control. Such quarantine may be on the premises of the owner,
at the shelter designated as the City Animal Shelter or at the owner's
option and expense, in a veterinary hospital of his/her choice. In
the case of stray animals, or in the case of animals whose ownership
is not known, such quarantine shall be at the shelter designated as
the City Animal Shelter, if any.
1.
The
owner upon demand by the Supervisor of Animal Control or a Police
Officer shall forthwith surrender any animal which has bitten a human,
or which is suspected as having been exposed to rabies, for supervised
quarantine, the expenses of which shall be borne by the owner. Said
animal may be reclaimed by the owner if it is adjudged free of rabies,
upon payment of fees set forth in this Section and upon compliance
of licensing provisions as so set forth.
2.
When
rabies has been diagnosed in an animal under quarantine or rabies
suspected by a licensed veterinarian, and the animal dies while under
such observation, the Supervisor of Animal Control shall immediately
send the head of such animal to the State Health Department for pathological
examination and shall notify the City Health Officer of reports of
human contacts and the diagnosis.
3.
When
one (1) or both reports indicate a positive diagnosis of rabies, the
Supervisor of Animal Control shall recommend an area wide quarantine
by the City Health Officer and no pet or animal shall be taken or
shipped from the City without written permission of the Supervisor
of Animal Control.
4.
During
this quarantine period and as long afterward as he/she decides it
is necessary to prevent the spread of rabies, the City Health Officer
shall require all dogs three (3) months of age and older be vaccinated
against rabies with a canine rabies vaccine approved by the biologics
control section of the U.S. Department of Agriculture. The types of
approved canine anti-rabies vaccine to be used and the recognized
duration of immunity for each shall be established by the City Health
Officer. All vaccinated dogs shall be restricted (leashing or confinement
on enclosed premises) for thirty (30) days observation. During the
quarantine period, the City Health Officer shall be empowered to provide
for a program of mass immunization.
5.
No dog
which has been impounded by reason of its being a stray, unclaimed
by its owner, is allowed to be adopted by the animal shelter during
the period of rabies emergency quarantine, except by special permission
of the City Health Officer and the Supervisor of Animal Control.
6.
Dogs
bitten by a known rabid animal shall be immediately destroyed or if
the owner is unwilling to destroy the exposed animal, strict isolation
of the animal in a kennel for six (6) months shall be enforced. If
the dog has been previously vaccinated, within the time limits established
by the Public Health Service based on the kind of vaccine used, revaccination
and restraint (leashing and confinement) for thirty (30) days shall
be carried out.
7.
In the
event there are additional positive cases of rabies occurring during
the period of the quarantine, such period of quarantine may be extended
for an additional six (6) months.
8.
No person
shall kill, or cause to be killed, any rabid animal, any animal suspected
of having been exposed to rabies or any animal biting a human, except
as herein provided, nor remove such animal from the City limits without
permission from the Supervisor of Animal Control.
9.
The
carcass of any dead animal exposed to rabies shall upon demand be
surrendered to the Supervisor of Animal Control.
10.
The
Supervisor of Animal Control shall direct the disposition of any animal
found to be infected with rabies.
11.
No
person shall fail or refuse to surrender any animal for quarantine
or destruction as required herein when demand is made therefor by
the Supervisor of Animal Control or a Police Officer.
[Ord. No. 96-10 §34, 2-1-1997]
A.
Any person
who shall own and keep, harbor or maintain upon his/her premises more
than four (4) dogs shall be deemed an operator of a kennel. It shall
be unlawful to operate a kennel within the corporate limits of the
City of Lake Ozark, Missouri, which violates the standards of operation
established in this Section or which violates any zoning or regulations
of the City.
B.
Kennel
premises where permitted shall be maintained in a clean and sanitary
condition at all times and sanitary methods shall be used to obliterate
or prevent any offensive odors.
C.
The Supervisor
of Animal Control shall have the right to inspect such kennels at
all reasonable hours. Said Supervisor shall inspect each registered
kennel operating within the corporate limits at least once each calendar
year to ensure compliance with the standards of operation.
D.
Any person
who is deemed to be the operator of a kennel shall register said kennel
on a form provided by the City Clerk and issued by the Supervisor
of Animal Control.
E.
At the
time of initial registration of each kennel and annually thereafter
the operator of the kennel shall pay an inspection fee of fifteen
dollars ($15.00) and shall have a valid business license issued by
the City of Lake Ozark.
[Ord. No. 96-10 §35, 2-1-1997]
A.
Any person
violating any provision of this Chapter shall upon conviction of any
such violation shall, unless another specific penalty of specific
penalty range be provided by another Subsection of this Section, be
punished by a fine of not less than ten dollars ($10.00) nor more
than five hundred dollars ($500.00), or by imprisonment for a term
not to exceed ninety (90) days or by both such fine and imprisonment.
B.
Any person
violating any of the following Sections of this Chapter:
3.
|
shall upon conviction or guilty plea and after examination of
any prior conviction record to be determined if the person has previously
been convicted of the same offense, be punished according to the following
schedule of fines with reference to initial or subsequent violation
of the particular Section:
| |
1.
|
First (1st) offense. Fifteen dollars ($15.00)
to fifty dollars ($50.00).
| |
2.
|
Second (2nd) offense. Fifty dollars ($50.00)
to one hundred dollars ($100.00).
| |
3.
|
Third (3rd) and subsequent offenses. One hundred
dollars ($100.00) to five hundred dollars ($500.00).
|
C.
Each
days violation of, or failure, refusal or neglect to comply with any
provision of this Chapter, shall constitute a separate and distinct
offense.