City of Eldon, MO
Miller County
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Table of Contents
Table of Contents

Section 210.010 Definitions.

Section 210.020 License Required.

Section 210.030 Date Of Payment.

Section 210.040 Registration And Tags.

Section 210.050 Duplicate Tags.

Section 210.060 Tags Not Transferable.

Section 210.070 Offense Involving Tags.

Section 210.080 Vaccination Required.

Section 210.090 To Deliver Copy Of Registration.

Section 210.110 Animals At Large Unlawful.

Section 210.120 Animal Shelter.

Section 210.130 Impounding.

Section 210.135 Redemption Of Impounded Dogs.

Section 210.136 Surrendering Of Animals.

Section 210.140 Euthanizing Animals.

Section 210.150 Disposition Of Impounded Animals.

Section 210.160 Dog Bite Procedure.

Section 210.170 Suspected Rabid Dog.

Section 210.180 Exposed To Rabies.

Section 210.190 Quarantine.

Section 210.200 Barking Or Howling Dogs.

Section 210.210 Maximum Number Of Dogs And Cats Per Household.

Section 210.220 Keeping Of All Structures, Pens, Coups Or Yards.

Section 210.230 Dead Dogs.

Section 210.240 Animal Abuse.

Section 210.250 Animal Neglect Or Abandonment.

Section 210.260 Knowingly Releasing An Animal.

Section 210.261 Capturing Of An Animal.

Section 210.270 Refusal To Deliver Animal To Animal Enforcement Officer Or Animal Control Center Operator.

Section 210.280 Removing Animals From Custody Of Eldon Animal Enforcement Officer Or Animal Control Center Operator.

Section 210.290 Interference With Animal Enforcement Officer Or Animal Control Center Operator.

Section 210.300 Collector Shall Settle — When.

Section 210.310 Fierce And Dangerous Dogs.

Section 210.330 Restrictions For Keeping Dangerous Dogs.

Section 210.340 Who May Declare Dog Dangerous.

Section 210.350 Notice To Owner — Impoundment — Euthanasia.

Section 210.355 Fees.

Section 210.360 No Relief From Compliance.

Section 210.365 Enforcement.

Section 210.370 Certain Animals To Be Restrained.

Section 210.380 Sale Of Impounded Animals.

Section 210.390 Redemption Of Impounded Animals.

Section 210.400 Record Of Sales — Disposition Of Proceeds.

Section 210.420 Penalty For Breaking Pound Or Interfering With Animal Control Center Staff.

Section 210.430 Penalty For Owner Or Keeper To Permit Same To Run At Large.

Section 210.440 Observation Period — Disposition Of Cats Biting Or Attacking Persons.

Section 210.450 Rabies Vaccination Of Cats — Required.

Section 210.460 Redemption — Payment Of Fees — Disposition Of Unredeemed Cats.

Section 210.470 Tags, Collar Or Harness Required On Cats.

Section 210.480 Fees For Cats.

Section 210.010 Definitions.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016[1]]
As used in this Chapter, the following terms shall mean:
ABANDONMENT
The surrender or relinquishment of an animal; for the owner or keeper to leave an animal without demonstrated or apparent intent to recover or to resume custody; to leave an animal for more than twelve (12) hours without providing for adequate food and shelter for the duration of the absence; or to turn or release an animal for the purpose of causing it to be impounded.[2]
ANIMAL CONTROL CENTER OPERATOR
A person employed by the City as the official person to care for the animals of the shelter and handle all day-to-day activity at the shelter and assist in enforcing animal control regulations. The EACCO reports directly to the EACC Supervisor.
ANIMAL CONTROL CENTER SUPERVISOR
The City Administrator or a person designated by the City Administrator to oversee the activities, operations and processes at the Animal Control Center.
ANIMAL ENFORCEMENT OFFICER
A certified Police Officer employed by the City of Eldon's Police Department to enforce all codes/ordinances listed in this Chapter as well as any other ordinance pertaining to animals as their primary role of employment. The AEO will have a secondary role within the EPD as assigned by the Chief of Police or his/her designee when not acting in the primary role. This AEO reports directly to the Chief of Police or his/her appointee to act as direct supervisor.
AT LARGE
Any dog shall be at large when off the premises of the owner when not attached to a leash, the other end of which is securely held, or when not confined by a fence or enclosure. Any cat that is causing harm/damage to another's property or if they appear sick or infected.
CAPTURE
Physically and/or by use of another means to catch an animal.
CURRENT VACCINATION
A vaccination which will maintain its efficacy and potency throughout the entire licensing period.
DOG
A member of canine (genus canis) family.
EUTHANIZE
To put to death in a humane way.
EXPOSED TO RABIES
When bitten by, or fought with, or has come in close contact with a dog or other animal shown to be infected with the rabies virus as determined by standard laboratory testing.
IMPOUND
To take into custody any animal, by any means, for the purpose of confinement.
OWNER
Any person or persons owning, controlling, harboring, possessing or having the management or care, at whole or in part, of any dog.
RABIES COMPENDIUM
The most current edition of a document by that name published by the National Association of State Public Health Veterinarians which serves as the standard for rabies vaccine, treatment and policy.
SHALL
Is mandatory.
SURRENDERED ANIMAL
Any domestic animal voluntarily turned over to the City of Eldon by another person.
TAG
Designated object issued by the City of Eldon showing the year and registration number.
TRAPPING
Capturing an animal by use of a cage and/or other device to catch an animal.
[1]
Editor's Note: Section 1 also replaced former Chapter 210, Animal Regulations, containing Sections 210.010 through 210.470, which derived from CC 1988 §§ 5.010 — 5.040, 5.060 — 5.230, 5.270 — 5.350, 5.400 — 5.420; Ord. No. 1474 §§ 1, 2(5.270 — 5.280), 4-28-1992; Ord. No. 1735 § 2(5.030), 12-8-1998; Ord. No. 1910 § 1(5.020, 5.120, 5.140 - 5.160, 5.215), 9-23-2003; Ord. No. 2011-23 § 1, 5-24-2011; Ord. No. 2014-17 § 1, 6-10-2014; Ord. No. 2016-15 §§ 1 — 2, 3-8-2016.
[2]
State law reference: animal abuse § 578.012, RSMo.; animal neglect or abandonment, § 578.009, RSMo.

Section 210.020 License Required.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
A. 
No dog or cat owner shall keep any dog or cat over the age of three (3) months within the corporate limits of the City of Eldon unless a license therefore has been secured from the City of Eldon.
1. 
The City animal license must be displayed on the animal's collar or harness at all times.
2. 
Licenses shall be issued by the City Collector for a fee of five dollars ($5.00) for each neutered male or spayed female dog or cat and thirty dollars ($30.00) for each unneutered male or unspayed female dog or cat.
3. 
Applicants for a license for a spayed female or neutered male dog or cat shall present a statement from a qualified veterinarian indicating that the animal has been sterilized.
4. 
Applicants for a license must present proof of current rabies vaccination.
5. 
Licenses shall be valid annually on the date of the animal's annual rabies vaccination.
6. 
Any new resident of the City of Eldon must register his/her animal and procure a license tag within thirty (30) days of occupancy.

Section 210.030 Date Of Payment.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
It shall be the duty of each owner of a dog or cat to pay the license fee imposed in Section 210.020 to the City Collector at City Hall upon acquiring ownership or possession of any unlicensed dog or cat or upon establishing residence within the corporate limits of the City of Eldon. This licensing provision shall not apply to dogs or cats under the care of a licensed veterinarian or to visitors to the City, provided such visit does not exceed thirty (30) days and provided that the visiting dog or cat has current vaccination.

Section 210.040 Registration And Tags.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
Upon receipt of the license fee at City all, the City Collector shall forthwith enter in the "City Animal Register" the date of payment, number of the entry, by whom and for who paid, the breed, sex, color, age and size of such dog or cat. The said Collector shall also furnish the person paying said fee a designated tag having plainly marked, cast or engraved thereon words or figures indicating the year for which the fee has been paid and a number corresponding with the number of entry on said City Animal Register. The Collector shall also issue the person paying a receipt for the dog or cat license.

Section 210.050 Duplicate Tags.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
In case any dog or cat tag is lost, a duplicate may be issued by the Clerk at City Hall upon presentation of a receipt showing the payment of the license fee for the current year. A charge of one dollar ($1.00) shall be made for each such duplicate tag.

Section 210.060 Tags Not Transferable.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
Dog and cat tags are not transferable and no refunds shall be made on a dog or cat license fee because of leaving the City of Eldon or death of dog or cat before expiration of the license period.

Section 210.070 Offense Involving Tags.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
It is unlawful to counterfeit or attempt to counterfeit the tags provided for in Section 210.040 of this Chapter or take from any dog or cat a tag legally placed upon it by its owner or to place such tag upon another dog or cat.

Section 210.080 Vaccination Required.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
Every application for a license shall be accompanied by a certificate from a qualified veterinarian showing the dog or cat to have a current vaccination.

Section 210.090 To Deliver Copy Of Registration.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
It shall be the duty of the City Collector on February first of each year to make out and deliver to the Animal Control Center Operator a certified copy of all the entries made by him/her in said City Animal Register for such year and additional certified copies of all subsequent entries at regular intervals for any such years.

Section 210.110 Animals At Large Unlawful.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
It shall be unlawful for the owner of any dog, cat or other animal to fail to restrain said dog, cat or other animal from running at large at any time within the corporate limits of the City of Eldon.

Section 210.120 Animal Shelter.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
There shall be established within the City of Eldon a City animal shelter known as the Eldon Animal Control Center for the reception of impounded animals. Authorized agent(s) or other person(s) designated by the City shall establish rules and regulations for the operation thereof.

Section 210.130 Impounding.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
A. 
It shall be the duty of the Animal Enforcement Officer or Animal Control Center Operator to take up and impound in the City animal shelter all dogs and cats within the corporate limits of the City of Eldon:
1. 
Found without the herein required current rabies vaccination tag;
2. 
Found without the herein required City license;
3. 
Found running at large whether properly vaccinated and licensed or not;
4. 
Found to be in eminent danger due to neglect, abuse; or
5. 
Found to be posing an eminent danger to the general health and welfare of the other humans or animals.

Section 210.135 Redemption Of Impounded Dogs.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
A. 
The owner of any impounded dog, or any other person with the notarized written authority of the owner, may redeem the animal within a period of seven (7) days after impoundment, by paying the designated agent at City Hall, the sum of twenty dollars ($20.00) for the first forty-eight (48) hours, or fraction thereof, for impounding and the sum of seven dollars ($7.00) for each additional twenty-four (24) hour period, or fractional portion thereof, for the expenses associated with confining said dog during the term of impoundment. Said fees are to be received at City Hall prior to the time of the release of the dog. Owner shall receive a receipt verifying payment that may be submitted to the Animal Control Center Operator.
B. 
Any dog that is not redeemed within seven (7) days after impoundment may be released for adoption upon payment of an adoption fee and compliance with all provisions of this Chapter. After all attempts have been made for adoption, any dog that is not redeemed or adopted within thirty (30) days after impoundment may be rescued before the animal is euthanized by the Animal Enforcement Officer, Animal Control Center Operator or other designated person.

Section 210.136 Surrendering Of Animals.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
Any person or persons that, of their own will, surrender an animal to the Eldon Animal Control Center, with the intent of giving up permanent ownership of said animal, must prove they reside within the City limits of Eldon and provide any and all available vaccination records to the Animal Control Center Operator.

Section 210.140 Euthanizing Animals.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
When, in the opinion of a licensed practicing veterinarian, a Police Officer or the Animal Control Center Operator with the agreement of the Animal Control Center Supervisor or designee, any animal exhibits sickness, illness or injury of such severity that recovery is impossible or exhibits aggressive behavior such that could be dangerous to the general public, the Animal Enforcement Officer, licensed veterinarian or Animal Control Center Operator/Supervisor or designee of the supervisor shall cause the animal to be humanely euthanized by any means approved by the American Veterinary Medical Association's Panel on Euthanasia.

Section 210.150 Disposition Of Impounded Animals.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
A. 
It shall be the duty of the Animal Control Center Operator to maintain all animals impounded at the City Animal Shelter for a period of not less than seven (7) days before placing the animal up for one (1) of the following dispositions:
1. 
Place the animal up for adoption by any responsible person expressing a desire for any given available animal after payment of established fees for adoption and medical services.
2. 
Release by transfer of the animal to any licensed humane society or rescue organization as the process pertains to this Chapter.
3. 
Humanely euthanize the animal.
a. 
Animals suffering from severe illness or injury that is untreatable by reasonable veterinary medical attention may be humanely euthanized immediately as directed by the licensed veterinarian, Eldon Animal Control Center Operator or supervisor or the designee, or Eldon Animal Control Enforcement Officer.

Section 210.160 Dog Bite Procedure.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
A. 
The owner of any dog which bites any person puncturing the skin thereof, whether the dog is vaccinated or not, shall be required to place the dog in a hospital or other place designated by a practicing licensed veterinarian for a period of ten (10) days following the evening of the day of the bite for clinical observation.
1. 
All expense shall be borne by the owner of the animal.
2. 
If such animal develops symptoms of rabies, it shall be allowed to die or, if death shall occur while confined for any reason, the head of such animal shall be removed by the veterinarian and submitted to any qualified official laboratory.
3. 
If at the end of said ten-day period the animal is alive and healthy, it may be released to its owner, provided all other conditions of this Chapter are fulfilled.

Section 210.170 Suspected Rabid Dog.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
The owner of any dog which exhibits clinical symptoms of rabies shall be required to have the dog confined under the supervision of a practicing licensed veterinarian for a period of ten (10) days for clinical observation. All expenses under this procedure shall be borne by the owner of the dog.

Section 210.180 Exposed To Rabies.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
A. 
The owner of any dog which has been exposed to rabies shall have such dog destroyed or follow one (1) of the following alternatives:
1. 
If the dog has a current vaccination, the dog shall be revaccinated or restrained by a leash or confined for a thirty-day period. If rabies symptoms appear, the dog shall be placed under the care and direction of a licensed veterinarian.
2. 
If the dog does not have a current vaccination, the dog shall be placed under the care and direction of a licensed veterinarian. Any costs incurred in complying with this Section shall be an obligation of the owner.

Section 210.190 Quarantine.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
Whenever a City Official as designated by the Mayor and/or City Administrator or a licensed veterinarian shall deem it necessary because of the prevalence of rabies among the animal population of the City, County or State, strict quarantine may be placed on all dogs in the City. Upon such proclamation by the Mayor, all animals shall be confined on the owner's premises in a manner making such animal inaccessible to rabid animals. Any animal otherwise shall be impounded by the Animal Enforcement Officer and/or Animal Control Center Operator of the City of Eldon, Missouri.

Section 210.200 Barking Or Howling Dogs.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
It shall be unlawful for any person to own, keep or harbor any dog which by loud, continual or frequent barking or howling disturbs the neighborhood or any person or which habitually barks, threatens or chases pedestrians or vehicles, provided, however, that this Section shall not apply to the Eldon Animal Control Center in all aspects.

Section 210.210 Maximum Number Of Dogs And Cats Per Household.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
No household shall own or harbor any combination of dogs and cats totaling more than six (6), regardless of sex or breed, for more than forty-eight (48) hours unless the animals are under eight (8) weeks of age and unweaned from their mother; or are owned by a Missouri Department of Agriculture Animal Welfare Division licensed animal breeder; or are a specially trained utility animal.

Section 210.220 Keeping Of All Structures, Pens, Coups Or Yards.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
It shall be unlawful to keep any dog 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 inhabitant of the neighborhood.

Section 210.230 Dead Dogs.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
It shall be unlawful for the owner of a dead dog to permit any dog to create a nuisance or health hazard by remaining undisposed of in excess of twenty-four (24) hours.

Section 210.240 Animal Abuse. [1]

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
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 210.250 Animal Neglect Or Abandonment.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
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 or persons 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 offense of either violation, a term of imprisonment not to exceed fifteen (15) days, or a fine not to exceed two hundred dollars ($200.00), or both such fine and imprisonment may be imposed. For a second 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 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. 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 210.260 Knowingly Releasing An Animal.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
A. 
A person commits the offense of knowingly releasing an animal if that person, acting without the consent of the owner or custodian of an animal, intentionally releases any animal that is lawfully confined for the purpose of companionship or protection of persons or property or for recreation, exhibition or educational purposes.
B. 
As used in this Section, "animal" means every living creature, domesticated or wild, but not including Homo Sapiens.
C. 
The provisions of this Section shall not apply to a public servant acting in the course of such servant's official duties.

Section 210.261 Capturing Of An Animal.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
A. 
It shall be unlawful for anyone to take, capture, or take into possession any domestic animal without the permission of the consent of the owner or custodian of the animal. This offense could be a misdemeanor and in some cases a felony.
B. 
It shall be unlawful for anyone to set or use traps of any type for capturing any domestic animal within the City limits. Police Officers and their agents or any other authorized agent as assigned by the City Administrator or designee or Chief of Police or designee are an exception from the prohibition of this Section. This violation is a possible misdemeanor and in some cases a felony.
C. 
Any concern for an animal, whether roaming, suspicion of abuse or neglect, etc., shall be reported to dispatch and Animal Enforcement Officer or appropriate person designated by dispatch shall respond.

Section 210.270 Refusal To Deliver Animal To Animal Enforcement Officer Or Animal Control Center Operator.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
It shall be unlawful for any person to refuse to deliver to any Animal Enforcement Officer or Animal Control Center Operator or Police Officer any animal of which they do not own and/or if owned and are on public property when requested to do so under the provisions of this Chapter.

Section 210.280 Removing Animals From Custody Of Eldon Animal Enforcement Officer Or Animal Control Center Operator.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
It shall be unlawful for any person to remove from the custody of any Animal Enforcement Officer or Animal Control Center Operator by force, deceit or otherwise any animal which has been legally impounded by such officer. The permission of the Animal Enforcement Officer or Animal Control Center Operator to remove such animal is required prior to removal.

Section 210.290 Interference With Animal Enforcement Officer Or Animal Control Center Operator.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
It shall be unlawful for persons to interfere with, resist, hinder or obstruct any Animal Enforcement Officer or Animal Control Center Operator or any member of the Police force or other designated individuals in the discharge of any duty imposed upon them by this Chapter.

Section 210.300 Collector Shall Settle — When.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
The City Collector or designee shall settle for all money received by him/her under this Chapter in the same manner and at the same time that said Collector accounts for other money received by him/her. All monies received under the provisions of this Chapter shall be deposited in the General Fund of the City of Eldon. All monies are to be collected at City Hall not the Animal Control Center.

Section 210.310 Fierce And Dangerous Dogs.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
A. 
If any fierce or dangerous dog, whether the tax be paid or not, shall be found running at large within the City or on the premises of other persons or shall be allowed to run at large in any tenement building occupied by two (2) or more families and shall thereby annoy or endanger any person or their property, the Chief of Police or any member of the Police force may use any force necessary, including killing, to subdue said dog in order to protect the inhabitants of the City of Eldon and their property. The term "fierce and dangerous dog" shall mean and include:
1. 
Any dog with a known propensity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or
2. 
Any dog which bites, inflicts injury, assaults or otherwise attacks a domestic animal or human being; or
No dog may be deemed a vicious animal under this Chapter if a 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 dog, or if a person at the time of such threat, injury or damage was teasing, tormenting, abusing, assaulting or in some manner startling the dog, or was threatening or committing an assault or other bodily harm to the owner, the owner's or keepers immediate family or their invitees; furthermore, dogs used by commissioned officers for law enforcement shall not be deemed vicious animals for purposes of this Chapter.
3. 
Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.

Section 210.330 Restrictions For Keeping Dangerous Dogs.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
A. 
It shall be unlawful for any person to keep or harbor within the City any fierce or dangerous dog without being properly controlled as follows:
1. 
By confinement inside a residential structure in such a manner that access to the outside and persons outside the structure and its immediate area is restricted by means of stout and securely latched doors and windows.
2. 
By confinement outdoors in an enclosed and locked pen or structure upon the premises of the person keeping or harboring such dangerous animal; provided, the existence of such pen or structure is permitted by zoning regulations. Such pen or structure shall be at least two (2) lengths of the dog wide, four (4) lengths of the dog long and two (2) lengths of the dog high and must be constructed with chain link fencing on all four (4) sides and must possess a top of the same material. The pen or structure shall have a concrete pad for the bottom or shall have the sides embedded in the ground to a depth of not less than one (1) foot. The pen or structure shall have setback requirements the same as those required by the zoning ordinances or at least ten (10) feet, whichever is greater.
3. 
By confinement on a leash at all times when beyond the premises of the person keeping or harboring such dangerous or vicious dog, said leash being not greater than four (4) feet in length, made of chain and having a minimum tensil strength of not less than three hundred (300) pounds; further such dog shall at all times when beyond the premises of such person be securely muzzled.

Section 210.340 Who May Declare Dog Dangerous.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
The Animal Enforcement Officer or any Police Officer of this City may deem a dog dangerous or vicious pursuant to the terms of this Chapter and in reaching such determination the Animal Enforcement Officer or Police Officer shall use his/her own observation and the statements of any witnesses.

Section 210.350 Notice To Owner — Impoundment — Euthanasia.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
When a dog shall be deemed dangerous and vicious, the Animal Control Center Operator shall specify same, in writing, to the owner or keeper of said animal and the conditions by which said animal shall be controlled including the specifications for containment so that said animal cannot come in contact with any humans and any such dog so deemed and thereafter found not to be properly controlled may be impounded and/or euthanized by an authorized agent such as licensed veterinarian, Animal Enforcement Officer or Animal Control Center Operator/Supervisor.

Section 210.355 Fees.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
A. 
Any puppy under the age of six (6) months or that has been proven to have already been spayed or neutered may be adopted for forty dollars ($40.00).
B. 
A dog over the age of six (6) months may be adopted for a fee of seventy-five dollars ($75.00) which includes the cost of spayed/neutered and the mandatory rabies fee.

Section 210.360 No Relief From Compliance.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
Nothing contained in Sections 210.310 through 210.350 shall be deemed to relieve the owner and/or keeper of such animal from complying with this Chapter in all other respects.

Section 210.365 Enforcement.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
The enforcement and the authority to issue tickets, citations and summons for violations of Chapter 210 are handled by the Animal Enforcement Officer or Police Officer.

Section 210.370 Certain Animals To Be Restrained.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
Horses, mules, asses, cattle, hogs, sheep, chickens and goats are hereby prohibited from running at large within the corporate limits of the City of Eldon and all such animals found running at large within such corporate limits outside of the enclosure of the owner or keeper shall all be taken up and impounded by the Animal Enforcement Officer or Animal Control Center Operator/Supervisor or other designated person authorized by the City Administrator. In some suitable enclosure to be selected by him/her for that purpose.

Section 210.380 Sale Of Impounded Animals.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
Whenever any horse, mule, ass, cattle, hog, sheep, chickens or goat shall be taken up and impounded as provided for in Section 210.370 and no owner shall appear or claim the same, it shall be the duty of the City Administrator to appoint an appropriate designee after the expiration of three (3) days from the day of such impounding, to advertise such animal for sale at public auction, to the highest bidder for cash, giving two (2) days' notice of the time and place of sale by written or printed handbills posted in at least six (6) public places within the City, which handbills shall contain a brief description of the animals to be sold.

Section 210.390 Redemption Of Impounded Animals.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
The owner of any animal taken up or impounded as provided for in Section 210.370 may redeem the same at any time on or before the day of sale by paying to the City Collector or designee at City Hall his/her fee of one hundred dollars ($100.00) for large animals and fifty dollars ($50.00) for chickens and such necessary expenses as may have been incurred by reason of detention of such animal and thereupon presented the receipt of said payment to the Animal Control Center Operator. The ACCO shall forthwith deliver the animal so redeemed to the owner thereof or to his/her legal representatives.

Section 210.400 Record Of Sales — Disposition Of Proceeds.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
The Animal Control Center Operator shall file at City Hall an accurate record of all financial transactions made under the provisions of Section 210.380 on a monthly basis. The record shall contain a description of the animal adopted, price paid, to whom the animal was adopted.

Section 210.420 Penalty For Breaking Pound Or Interfering With Animal Control Center Staff.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
If any person shall willfully break or otherwise open any pen or pound and let out any animal impounded by virtue of and in accordance with the provisions of Section 210.370 or shall release any animal by any means other than adoption or shall interfere with the Animal Enforcement Officer, Animal Control Center Operator, any Police Officer or any animal shelter employee, in the discharge of their duties under Sections 210.370 through 210.400, such person shall be deemed guilty of a misdemeanor and upon conviction shall be fined in accordance with Section 100.130 hereof.

Section 210.430 Penalty For Owner Or Keeper To Permit Same To Run At Large.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
Hereafter it shall be unlawful for the owner or keeper of any animal mentioned in Section 210.370 knowingly to suffer or permit any such animal to be or run at large within the corporate limits of this City. Such owner or keeper so violating the provisions of this Section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in accordance with Section 100.130 hereof.

Section 210.440 Observation Period — Disposition Of Cats Biting Or Attacking Persons.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
Any cat which bites, injures or attacks any person shall be placed under observation for the ten-day period immediately following the bite. The vaccinated cat shall be taken up and impounded at a veterinarian of the owner's choice or securely confined by the owner for a period of ten (10) days. The non-vaccinated cat shall be taken up and impounded in the City Animal Control Center, or a contracted licensed kennel or with a veterinarian of the owner's choice for a period of ten (10) days from date of bite. If, within such period of ten (10) days, such cat does not develop or manifest signs of rabies, it may be redeemed by the owner upon the payment of a daily boarding fee or the payment of usual and customary fees to the contractual animal shelter, Eldon Animal Control Center or to a veterinarian of the owner's choice. If such cat is not redeemed at the end of such ten-day period, it can be put up for adoption or be humanely euthanized based on the recommendation of the licensed veterinarian or Animal Control Center Operator or supervisor. If such cat develops signs of rabies, it shall be the duty of the Animal Control Center Operator to cause such cat to be examined by a licensed veterinarian. If the suspicion of rabies is confirmed by a veterinarian, the brain of the cat will be submitted for a laboratory diagnosis. Any other warm-blooded animal in which rabies is suspected, which bites, injures or attacks any person, may be impounded and humanely euthanized, and the brain and/or other structures submitted for rabies diagnosis.

Section 210.450 Rabies Vaccination Of Cats — Required.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
A. 
No person shall own, keep, harbor or permit to be or remain on or about their premises any cat which, if over three (3) months of age, has not been vaccinated against rabies by a licensed veterinarian with a vaccine approved and listed in the current year's Rabies Compendium. Rabies tags supplied will be consistent with Compendium recommendations and shall be worn by the vaccinated cat.
B. 
Any cat wearing a current rabies tag shall be considered, for enforcement purposes, to have been properly vaccinated. Any cat not wearing said rabies tag is subject to being impounded as an unvaccinated animal and may be redeemed as outlined in Section 210.460.

Section 210.460 Redemption — Payment Of Fees — Disposition Of Unredeemed Cats.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
A. 
At any time prior to the disposal of any cat by the Animal Control Center Operator/Supervisor, the owner thereof may redeem such animal upon proof satisfactory to the Animal Control Center Operator of ownership thereof and upon paying a boarding fee for each day or part of day such animal has been impounded.
B. 
In addition to paying the fees prescribed in Subsection (A) hereof, the owner thereof may redeem such cat only upon further proof, satisfactory to the Animal Control Center Operator that the same has been vaccinated for rabies by a licensed veterinarian with a vaccine which is approved in the current Rabies Compendium. If an owner seeks to redeem an animal required to be vaccinated for rabies and cannot present satisfactory proof of such vaccination, then the Animal Control Center Operator shall, prior to releasing such animal, cause the same to be vaccinated for rabies by a licensed veterinarian with the type of vaccine approved by the health official and the cost of such vaccination shall be paid by the owner.
C. 
At the end of ten (10) days, except as otherwise herein provided, if an impounded cat has not been redeemed, the Animal Control Center Operator is at liberty to dispose of such cat in any one (1) of the following ways:
1. 
Release of the cat to any humane society for the cost of the fees associated with the animal.
2. 
Release of the cat to any responsible person expressing a desire for any given cat after payment of the boarding impoundment fees and completion of the vaccination procedure before release.
3. 
Humane euthanization of the cat.
4. 
All fees shall be paid at City Hall to the City Collector or designee.

Section 210.470 Tags, Collar Or Harness Required On Cats.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
A. 
Any cat over the age of three (3) months is required to have a collar or harness having attached thereto the rabies tag required by Section 210.450. Animals participating in exhibiting events, field trials or acts of hunting need not display tags if the wearing of such tags interferes with the training for or participation in a specific event, provided that the owner of such cat has the cat directly under his/her control.
B. 
No person shall remove or cause to be removed the collar, harness or tag mentioned in Subsection (A) above from any cat without the consent of the owner or keeper thereof.

Section 210.480 Fees For Cats.

[Ord. No. 2016-22 §§ 1 — 2, 6-28-2016]
A. 
Any cat under the age of six (6) months or that has already been proved to be spayed/neutered may be adopted for a fee of twenty dollars ($20.00).
B. 
Any cat over the age of six (6) months may be adopted for forty dollars ($40.00) which includes the price of being spayed/neutered and the rabies vaccination.