[R.O. 2012 §210.010; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.010, 11-4-1991]
Whenever in this Chapter the following terms are used, each
shall have the meaning respectively ascribed in this Section:
- ADEQUATE CARE
- Sufficient good and wholesome food and water; proper shelter for the species with insulation if necessary for protection from the weather; adequate bedding; and the opportunity for adequate daily exercise.
- ANIMAL
- Any live, vertebrate creature, domestic or wild, other than humans.
- ANIMAL SHELTER
- The facility or facilities operated by Excelsior Springs, Missouri, or its authorized agents for the purpose of impounding or caring for animals held under the authority of this Chapter or State law.
- AT LARGE
- Any dog or miniature pig 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.
- COMMERCIAL ANIMAL ESTABLISHMENT
- Any pet shop, grooming shop, auction, riding school, stable, kennel, guard dog service, dog trainer, business keeping animals in stock for retail or wholesale trade, or any establishment performing one or more of the principal activities of the aforementioned establishments.
- DANGEROUS ANIMAL
- Any animal having a disposition or propensity to attack or bite any person or other animal without provocation, or which is wild by nature and of a species which, due to size, vicious nature or other characteristics, constitutes a danger to human life, physical well-being, or property.
- 1. Any dog that constitutes a physical threat to human beings or other animals, or has a disposition or propensity to attack or bite any person or other animal without provocation, or a dog of a species which, due to size, vicious nature or other characteristics, constitutes a danger to human life, physical well-being, or property; or any dog which has been known to bite or attack a human being or other domestic animals without provocation one (1) or more times;
- 2. Any dog which, according to the records of the Supervisor of Animal Control, has killed a domestic animal without provocation while off the owner's property; or
- 3. Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.
- FOWL
- Any and all fowl, domesticated and wild, male and female, single and plural.
- HARBORING
- Any person who offers asylum, refuge, 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.
- INDIVIDUAL
- Shall mean one adult and competent human.
- KENNEL LICENSE (PERMIT)
- A kennel license is necessary for the care, breeding, showing or sale of dogs, cats or miniature pigs by an adult natural person who maintains a hobby-kennel or hobby-cattery containing more than two (2), but not more than ten (10), animals over the age of six (6) months on the lot on which he or she is resident or on a contiguous lot, which lot or lots are not zoned for business.
- LARGE ANIMAL
- Any swine, (other than domestic miniature pigs) bovine, goat, sheep, beast of burden or any other domestic or wild animal of a similar or larger size.
- LICENSE TAG
- Any system or systems of animal identification approved by the Finance Director which do not involve alteration or permanent marking of an animal.
- MINIATURE PIG
- Any breed of domestic swine not exceeding one hundred (100) pounds in weight at maturity commonly known as Vietnamese Pot Bellied Pig, or any swine not exceeding one hundred (100) pounds in weight at maturity which has the appearance and characteristics of being predominantly of set breed of swine.
- OWNING OR KEEPING
- 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
- A human being.
- 1. Staffordshire Bull Terrier breed of dog;
- 2. The American Pit Bull Terrier breed of dog;
- 3. Dogs of mixed breed or of other breeds than above listed which breed or mixed breed is known as Pit Bulls, Pit Bull dogs or Pit Bull Terriers;
- 4. Any dog which has the appearance and characteristics of being predominantly of the breeds of the Staffordshire Bull Terrier, American Pit Bull Terrier, American Staffordshire Terrier; any other breed commonly known as Pit Bulls, Pit Bull dogs or Pit Bull Terriers, or a combination of any of these breeds.
- 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 and not properly confined as provided in Section 210.280.
- 4. Is at large as defined in this Section.
- 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 sleep of an individual who is a neighbor (a neighbor for this purpose is hereby defined as 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 so testify if called upon to testify about such matter under oath.
- 7. Is ridden on public property without a permit or 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. Impedes refuse collection by ripping any bag or tipping any container of such.
- SMALL ANIMAL
- Any animal not within the definition of large animal, but including all dogs without reference to size.
- SUPERVISOR OF ANIMAL CONTROL
- The use of this Title throughout this Chapter shall be a reference to the Supervisor of Animal Control and staff assigned to work under the direct control of the Supervisor of Animal Control who may act through 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.
[R.O. 2012 §210.020; Ord. No. 87-10-2 §1, 10-5-1987]
Except where otherwise provided, it shall be the duty of the
Supervisor of Animal Control under the direction of the Chief of Police
to administer and enforce the provisions of this Chapter directly
or through staff assigned to be supervised by said Supervisor of Animal
Control.
[R.O. 2012 §210.030; Ord. No. 87-10-2 §1, 10-5-1987]
It shall be the duty of the Police Department to enforce the
provisions of this Chapter, and to assist the Supervisor of Animal
Control in enforcing the provisions of this Chapter.
[R.O. 2012 §210.040; Ord. No. 87-10-2 §1, 10-5-1987]
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 inspections of any person as authorized or limited
by the Revised Statutes of Missouri, particularly Chapter 610, RSMo.,
and such other enactments as may be or become applicable.
[R.O. 2012 §210.050; Ord. No. 87-10-2 §1, 10-5-1987]
A.
Any
unrestrained dog or any animal defined as a public nuisance by this
Chapter may be taken by the Police or Animal Control and impounded
in the animal shelter or at a designated holding place and be there
confined in a humane manner pending further action pursuant to this
Chapter or other law. If an owner or keeper is present, in lieu of
impoundment 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 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 Treasurer of all applicable fees prescribed by Section 210.310 and the fee for any license that may be required by this Chapter.
[R.O. 2012 §210.060; Ord. No. 87-10-2 §1, 10-5-1987]
After the impoundment of any animal where a General Ordinance
Summons has not been issued to the owner or keeper, 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 any applicable Section
or Sections of this or any applicable ordinances.
[R.O. 2012 §210.070; Ord. No. 87-10-2 §1, 10-5-1987]
A.
In
the event that the City Manager or his/her designate determines that
a rabies or other zoonotic disease control emergency exists, he/she
shall so declare, stating the boundaries of the affected area and
he/she is hereby empowered to issue emergency regulations and take
all steps necessary within the provisions of this Chapter and State
law to abate the threat. Such emergency steps and regulations shall
be in effect only during the period of the declared emergency.
B.
The
City Manager or his/her designate is hereby empowered to issue standing
regulations for rabies and zoonotic control that he/she finds necessary
to protect the public health which standing regulations shall be filed
with the City Clerk. Such regulations shall be in keeping with the
U.S. Public Health Service guidelines and Missouri State Law.
[R.O. 2012 §210.080; Ord. No. 87-10-2 §1, 10-5-1987]
The City Manager (or his/her designate) is hereby authorized
to issue a permit for the elimination of squirrels, starlings, or
pigeons to any owner or owner's authorized agent, lessee, or tenant
of real estate in the City frequented by squirrels, starlings, or
pigeons in numbers the Director believes to be sufficient to create
a public nuisance on such real estate; or, in cases where such public
nuisance exists in a district of the City such permit may be issued
to a duly licensed pest control or exterminating company for such
district which shall be defined on such permit. No permit shall be
issued for a longer period than thirty (30) days. Retention of any
such permit shall be conditioned upon continuing compliance with advisory
instructions issued and regulations adopted by the City Manager or
his/her designate dealing with such activity, which regulations the
City Manager is hereby authorized and directed to promulgate and to
adopt by filing them with the City Clerk, which regulations shall
govern the trapping and disposal of squirrels, starlings, and pigeons
and shall be designed to ensure humane and sanitary methods for such
and for the protection of public health.
[R.O. 2012 §210.090; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.090, 11-4-1991]
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 210.250, the Supervisor of Animal Control shall have the authority to declare an animal dangerous because of past behavior, violations, 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 poisonous animal or any warm-blooded
carnivorous or omnivorous animal (including but not limited to non-human
primates, raccoons, skunks, foxes, leopards, panthers, tigers and
lions, but excluding fowl, dogs, house cats miniature pigs and small
rodents of varieties used for laboratory purposes) is hereby prohibited.
Non-poisonous snakes shall be kept in locked escape-proof cages except
when being handled. No snake shall be permitted by the owner, keeper
or handler to escape from a cage or while being handled.
[R.O. 2012 §210.100; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.100, 11-4-1991]
A.
In
the interest of public health, safety and the general welfare, to
regulate or prohibit the keeping or running at large of any animal
or fowl, any person keeping or harboring any animal or fowl 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
where 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 ordinance violation.
B.
By
the authority of this Section, any animal that is deemed by the Supervisor
of Animal Control to be cruelly mistreated in violation of this Chapter
or suffering, 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 the Municipal Animal Shelter or other appropriate facility
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 that is found on the property of the owner or keeper may be removed from that property by an Animal Control Officer if such owner or keeper is not available, willing and able to surrender the animal for the observation required by Section 210.360 or 210.370 of this Chapter.
A.
A person
is guilty of animal neglect if he/she has custody or ownership or
both of an animal and fails to provide adequate care.
B.
A person
is guilty of animal abandonment if 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
(1st) offense of either violation, a term of imprisonment not to exceed
fifteen (15) days, or a fine not to exceed five hundred dollars ($500.00),
or both such fine and imprisonment may be imposed. For a second (2nd)
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 (1st) 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. This Section shall not apply
to the provisions of Section 578.007 or Sections 272.010 to 272.370,
RSMo.
D.
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.
[R.O. 2012 §210.120; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-4-7 §1, 4-1-1991; Ord. No. 91-11-2 §210.120, 11-4-1991]
A.
It
shall be unlawful for any person to keep, maintain or harbor any hogs,
pigs or other members of the swing specie of animals other than domestic
miniature pigs within the City.
B.
No
livestock, as used herein "livestock" includes, but
is not limited to the following animals: Horses, mules, cattle, sheep,
goats, or wild animals of similar or larger size shall be kept, maintained,
pastured or fed within two hundred (200) feet of the nearest portion
of any building in any way used by human beings, other than the dwelling
occupied by the owner or keeper of any of such animals. Beyond this
limitation of two hundred (200) feet, not more than two (2) of the
aforesaid animals shall be kept, provided that the limitation of two
(2) horses shall not apply to horses used in a commercial business
and licensed as such by the ordinances of this City, or when land
is zoned for agricultural use, a maximum of two (2) animals may be
allowed at the property line while the concentration of livestock
shall maintain the two-hundred (200) foot distance specified herein
and shall not exceed one (1) animal per two (2) acres of land. Stables,
coops, pens or other structures for the housing of any of the aforementioned
animals shall comply with all zoning restrictions.
C.
Livestock
shall not be allowed to run at large and when legally kept must be
restrained in a manner and by such means as will prevent such animals
from escaping, straying or running at large. Gates used to restrain
livestock shall be kept closed with a chain and padlock to minimize
vandalism.
D.
All
manure accumulations in the area where livestock and other animals
are kept, shall be removed, stored or disposed of in such a manner
as to prevent attracting flies or the spread of disease.
E.
Wild
animals not prohibited from being kept as pets shall also be so kept
in compliance with the Statutes, regulations and treaties of the State
of Missouri and the Federal Government.
[R.O. 2012 §210.130; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.130, 11-4-1991]
A.
It
shall be unlawful for any person to keep, harbor, or maintain any
animals or fowl of any type except dogs, cats or miniature pigs within
the City unless the zoning classification for that area containing
the owner's property is classified Agricultural District A-1 pursuant
to Excelsior Springs Zoning Regulations.
B.
Location And Restraint Required. It shall be unlawful for
any person to keep or maintain any chicken coop, dove cote, rabbit
hutch or other yard establishment for the housing of fowl or small
animals, except dogs, cats or miniature pigs closer that one hundred
(100) feet to the nearest portion of any building occupied by or in
any way used by human beings, other than the dwelling occupied by
the owner or keeper of the animals or fowl, or closer than twenty-five
(25) feet to the property line of the lot on which such fowl or animals
are kept for sale within a bona fide produce market, commission house
or store for purposes of trade and while so kept are confined in small
coops, boxes or cages, or where such animals or fowl are kept for
purposes of research in a laboratory. Animals and fowl so kept or
maintained shall be enclosed on all sides and shall not be allowed
to run or fly at large except for homing pigeons.
C.
Odors. Every coop, dove cote, rabbit hutch or other yard
establishment shall be kept so that no offensive, disagreeable or
noxious smell or odor shall arise therefrom to the injury, annoyance
or inconvenience of any inhabitants of the neighborhood.
D.
Disposal Of Manure. Every coop, dove cote, rabbit hutch
or other yard establishment shall be provided with a watertight and
fly tight receptacle for manure, of such dimension as to contain all
accumulations thereof, which receptacle shall be emptied sufficiently
often and in such manner as to prevent its becoming a nuisance. Such
receptacle shall be securely covered at all times, except when open
during the deposit or removal of manure or refuse therefrom. No manure
shall be allowed to accumulate except in such receptacle. All such
manure, when removed from the receptacle, shall be buried with covering
of not less than six (6) inches of earth, or if used as fertilizer,
thoroughly spaded into the ground, or shall be removed from the property.
E.
Fowl — Maintenance Of Enclosures. All earthen yards
of runways wherein fowl are kept or permitted to be shall be spaded
and then limed once every three (3) months from the month of April
through the month of December. For the purpose of killing flies and
other insects, all structures, pens or coops wherein fowl are kept
or permitted to be shall be sprayed with such substances as will eliminate
such insects.
F.
Condition Of Enclosure. Any structure, pen, coop, or yard
wherein animals or fowl are kept or permitted to be shall be maintained
in a clean and sanitary condition, devoid of all rodents and vermin,
and free from objectionable odors. The enclosed area of all such structures
shall be constructed in such a way as to be dry at all times on the
inside. The person maintaining any aforementioned structure, pen,
coop, or yard in the City does by such act of maintenance authorize
the City Manager or his/her designate to at any time inspect any such
structure or premises and issue any such order as may be necessary
to carry out the provisions of this Section.
G.
Number Of Animals, Fowl. Except where fowl, rabbits, or
other small animals are kept for sale within a bona fide produce market,
commission house, or store for the purpose of trade and while so kept
are confined in small coops, boxes or cages; or where such animals
or fowl are kept for the purposes of research in a laboratory; or
in areas zoned for agricultural use; it shall be unlawful for any
person to keep or maintain, within one hundred (100) feet of the nearest
portion of any dwelling or other building occupied by or in any way
used by human beings except for a dwelling occupied by the owner or
keeper of such animals, more than fifteen (15) chickens or other domestic
fowl four (4) months or more of age or thirty (30) chicks or other
domestic fowl under four (4) months of age, or more than ten (10)
rabbits, or other small animals over the age of four (4) months, or
more than twenty (20) rabbits or other small animals under the age
of four (4) months. No rooster which crows shall be kept within three
hundred (300) feet of any residence or dwelling except that of the
owner or keeper.
H.
As
to the keeping and harboring of chickens or other domestic fowl for
whatever purpose maintained, the City Manager (or his/her designate)
shall have authority to promulgate regulations to provide that such
shall be kept in such a manner as to prevent a nuisance or health
hazard.
[R.O. 2012 §210.140(D); Ord. No. 87-10-2 §1, 10-5-1987]
A.
A person
is guilty of animal abuse if 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 which results in substantial harm to the animal.
B.
No
person shall offer to give or give a live animal as a prize or as
a business inducement.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
A.
A person
is guilty of animal trespass if a person having ownership or custody
of an animal knowingly fails to provide adequate control for a period
equal to or exceeding twelve (12) hours.
B.
For
a first conviction of animal trespass, each offense shall be punishable
by a fine not to exceed two hundred dollars ($200.00). The second
and all subsequent convictions shall be punishable by imprisonment
or a fine not to exceed five hundred dollars ($500.00), or both such
fine and imprisonment. All fines for a first conviction of animal
trespass may be waived by the court provided that the person found
guilty of animal trespass shows that adequate, permanent remedies
for trespass have been made. Reasonable costs incurred for the care
and maintenance of trespassing animals may not be waived. This Section
shall not apply to the provisions of Section 578.007 or Sections 272.010
to 272.370, RSMo.
[R.O. 2012 §210.160; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.160, 11-4-1991]
Every pen, run, cage or other yard establishment wherein any
dog or miniature pig is kept shall be maintained so that no offensive,
disagreeable or noxious smell or odor shall arise therefrom to the
injury, annoyance or inconvenience of any neighbor.
[R.O. 2012 §210.170; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.170, 11-4-1991]
A.
All
manure accumulations in any pen, run, cage or yard establishment wherein
a dog or miniature pig is kept shall be removed or disposed of in
such a manner as to prevent the breeding of flies.
B.
It
shall be unlawful for the person in control of a dog or miniature
pig to allow the animal to deposit manure on public property or on
the private property of another person.
C.
The
owner or keeper of every animal, when such animal is off the property
controlled by the owner or keeper, shall be responsible for the removal
of any excreta deposited by such animal on public walks, streets,
recreation areas, or private property and it shall be a violation
of this Chapter for such owner or keeper to fail to remove or provide
for the removal of such excreta before taking an animal from the immediate
area where such excretion occurred.
[R.O. 2012 §210.180; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.180, 11-4-1991]
It shall be the duty of every person owning, keeping or harboring
in the City any dog, cat or miniature pig over one hundred twenty
(120) days old to procure a license therefor from the City Manager
or his/her designate. The receipt issued for the license shall constitute
a certificate of registry and evidence of licensure for the keeping
of such animal within the City. The City Manager may delegate authority
to the Supervisor of Animal Control to enforce any Section of this
Chapter requiring licensure.
[R.O. 2012 §210.190; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.190, 11-4-1991]
Any other Section of this Chapter notwithstanding, the licensing
provision of this Article shall not apply to any non-resident owner
or keeper of a dog, cat or miniature pig while such non-resident is
passing through the City, provided such animal shall remain on leash
or otherwise effectively physically restrained as in a closed vehicle.
[R.O. 2012 §210.200; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.200, 11-4-1991]
For the issuance of each dog, cat or miniature pig license required by this Chapter, the owner or keeper shall pay to the City such license fee as is provided for in Section 210.430, except that when any such owner, keeper, or other applicant for such license shall submit such proof as may be required by the City Manager or his/her designate that a dog is fully trained as a "seeing eye dog" or a "hearing dog" and is regularly used in the service of a blind or deaf person or that a dog is owned by a governmental unit, then such license shall be issued without the payment of such fee.
[R.O. 2012 §210.210; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.210, 11-4-1991]
The licensure evidenced by the certificate of registry shall
entitle an owner or keeper to keep the licensed dog, cat or miniature
pig in the City until January second (2nd) next following the date
of issuance of the license and certificate.
[R.O. 2012 §210.220; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.220, 11-4-1991]
Before the City Manager or his/her designate issues any license
or tag for a dog, cat or miniature pig, the owner or keeper thereof
shall file with the City Manager or his/her designate a certificate
from a licensed veterinarian showing that within three hundred and
sixty-five (365) days next preceding the issuance of such license,
the dog, cat or miniature pig was immunized against rabies. The owner
will also submit satisfactory proof (such as a certificate from a
licensed veterinarian) to the City Manager or his/her designate as
to whether or not a dog, cat or miniature pig has been spayed or neutered
if it is desired to obtain a license at the lower rate applicable
to spayed or neutered animals.
[R.O. 2012 §210.230; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.230, 11-4-1991]
The City Manager or his/her designate shall keep a record for
a period of three (3) years giving the name and address of the owner
or keeper of each licensed dog, cat or miniature pig and the number
of the certificate of registry, together with a general description
of the dog or cat.
[R.O. 2012 §210.250; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.250, 11-4-1991]
A.
No owner or keeper of any licensed dog or miniature pig shall allow or permit such animal to be outside the residence of said owner or keeper at any time 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 210.170; except when such dog is being handled in the course of an organized dog training or exhibition program.
B.
The owner or keeper of any licensed cat shall either attach the license tag provided for in Section 210.170 to the animal with a neck collar or secure body harness or the owner or keeper shall retain such tag in possession at his/her residence and shall display the tag upon request of any Police Officer or animal control officer.
C.
No
person shall remove, or cause to be removed, the collar, harness or
the license tag from any registered dog, cat or miniature pig without
the consent of the owner or keeper thereof.
[R.O. 2012 §210.260; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.260, 11-4-1991; Ord. No. 92-12-2, 12-7-1992]
A.
It
shall be unlawful and a public nuisance for any person in charge of
a residence to keep or allow to be kept more than two (2) dogs or
two (2) cats, for a total of four (4) such animals in number, over
the age of ninety (90) days at such residence unless the residence
or all of the animals there are within one (1) or more of the following
exceptions.
1.
The residence is licensed as a commercial animal establishment.
2.
All of the animals over ninety (90) days of age kept at the residence
are licensed as required under this Chapter and the person in charge
of the residence upon the request of any Excelsior Springs Animal
Control Officer or Police Officer presents for inspection certificates
of registry for all such animals showing continuous licensure for
all such animals from October 1, 1985, onward.
3.
The individual in charge of the residence has a current kennel or
cattery permit in which case the number of animals shall not exceed
ten (10) over the age of one hundred eighty (180) days.
B.
When
animals in excess of the limit established in the proceeding Subsection
are found at a residence, all of the animals found at the residence
may be removed to the Municipal Animal Shelter to be handled in accordance
with 210.300, except that the person in charge of the residence, if
present, may designate and retain up to two (2) licensed dogs and
two (2) licensed cats.
[R.O. 2012 §210.270; Ord. No. 87-10-2 §1, 10-5-1987]
A.
A dog
may be declared dangerous because of any one or more of the following:
1.
Any dog of a cross, ferocious, or dangerous disposition as evidenced
by past behavior.
2.
Any dog which is of a species size, vicious nature, or other characteristics,
that would constitute a threat to physical well being of human or
animal life.
3.
Any dog which is of a species, size, vicious nature or other characteristics
that would constitute a danger to public or private property.
4.
Any dog which has the disposition or propensity to attack unprovoked.
5.
Any dog which has without provocation bitten a human being one (1)
time.
B.
The
following constitutes prima facie evidence of a dangerous dog:
1.
Records of Animal Control or the Police Department show a past history of violations of Subsection (A) (1 — 4).
2.
Evidence is presented in a Court of competent jurisdiction and a
judgement is entered into the Court record indicating the dog is considered
by the Court to be a dangerous dog.
3.
An incident occurs during which a serious injury, and/or death results.
C.
Any dog found to be a dangerous dog under Subsection (A) (1 — 4); or Subsection (B) (1 — 2) shall be required to be controlled under the following standards:
1.
Leash. No person shall permit a dangerous dog to
go outside its kennel or pen unless such dog is securely leashed with
a leash no longer than four (4) feet in length.
2.
Confinement. When not on a leash being physically
controlled by a person a dangerous dog shall be securely confined
in a locked pen or kennel consisting of a structure which has secure
sides and a secure top attached to the sides, and either a secure
bottom attached to the sides or the sides of the pen must be embedded
in the ground at least two (2) feet. Such enclosures shall adhere
to all building and zoning regulations of the City. All such enclosures
must be adequately lighted and ventilated and kept in a clean and
sanitary condition.
3.
Confinement indoors. No dangerous dog may be kept
on a porch, patio, or in any part of a house or structure that would
allow the dog to exit such building on its own volition. In addition,
no such dog may be kept in a house or structure when the windows are
open or when screen windows or screen doors are the only obstacle
preventing the dog from exiting the structure.
4.
Signs. A conspicuous notice shall be posted consisting
of a notice stating in two (2) inch high print on a two by three (2x3)
feet sign, "Dangerous Dog".
E.
The Animal Control Officer or Police Department may take control of and remove to the Animal Shelter or other facility providing adequate shelter, food, and medical care, any dog that is involved in an incident where the owner, harborer, or keeper has been issued a summons for a violation of any Section of Chapter 210 until such time as the court disposes of the case involving the dog(s) in question. Within twenty-four (24) hours of the final disposition of the case, the animal in question must be returned to the owner, harborer, or keeper and any applicable provisions of Chapter 210 shall apply.
F.
The
Animal Control Officer or the Police Department may destroy a dangerous
dog as a last resort if it is not reasonably possible to catch the
dog without injury and/or death to human or animal life or damage
to public or private property within the City.
G.
It
shall be unlawful for any owner, harborer, or keeper to fail to comply
with any Subsection of this Section. Failure to comply may result
in the immediate impoundment of the dog(s) in question and revocation
of their license.
H.
Biting Dogs Running At Large. It shall be unlawful for any person owning, keeping or harboring any dog to permit, suffer or allow said dog to run at large within the City; and if said dog causes injury to a human by biting or scratching while running at large, said owner, keeper or harborer shall upon conviction be punished pursuant to this Section and Section 210.400(A).
I.
Penalty Section. Any violation of any parts of this Section shall be punishable pursuant to Section 210.400(A).
[R.O. 2012 §210.280; Ord. No. 87-10-2 §1, 10-5-1987]
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.
The phrase "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.
2.
The term "Neighbor" shall mean 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
state that he/she will testify under oath to said animal making excessive
noise.
3.
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.
[R.O. 2012 §210.290; Ord. No. 87-10-2 §1, 10-5-1987]
A.
No
person shall own, keep or harbor any dog or other animal which by
jumping upon or threatening any person upon a public street or sidewalk
shall cause such person to be put in fear of injury. This Section
shall apply to any animal running at large and to any animal while
being walked on a leash, and the unprovoked attach 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 unprovoked attack
by such animal.
B.
It
shall be a violation to maintain any animal within the City as a public
nuisance as such is defined by the common law of Missouri, the Statutes
of Missouri or the ordinances of this City.
[R.O. 2012 §210.300; Ord. No. 87-10-2 §1, 10-5-1987]
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 purposes of the Section,
"briefly for toilet purposes" shall consist of a maximum time of fifteen
(15) minutes on each separate occasion.
[R.O. 2012 §210.310; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.310, 11-4-1991]
A.
It
shall be unlawful for any person owning, keeping or harboring any
dog or miniature pig to permit, suffer or allow said animal to run
at large within the City.
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 any governmental unit shall be deemed in compliance
with this Section.
[R.O. 2012 §210.320; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.320, 11-4-1991; Ord. No. 92-12-2, 12-7-1992; Ord. No. 14-07-05 §§4
— 5, 7-21-2014]
A.
Impounded
animals shall be kept for not less than one (1) week except:
1.
When given by an owner, keeper or harborer, to be disposed of, the
animal shall be held until the next calendar day before making disposition.
The fee for this disposition shall be as specified in the Schedule
of Fees, Title I, Appendix A.
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 a 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 the place of impoundment of a designated representative for a period longer than one (1) week from the impounding of such animal (except those animals impounded under authority of Section 210.360 or 210.370, in which case said period shall begin upon the expirations of the applicable observation period therein provided) 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 provided herein, give such animal into the custody of any
adult requesting custody (animal adoption) of such specific animal
as a pet after viewing it, provided 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.
D.
No
animal will be given to the custody of a person who, in the judgement
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.
E.
After
selection of a animal, but prior to delivery of custody of the animal,
the Supervisor of Animal Control shall collect appropriate fees as
specified in the Schedule of Fees, Title I, Appendix A.
[R.O. 2012 §210.330; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 92-12-2, 12-7-1992; Ord. No. 14-07-05 §6, 7-21-2014]
A.
An
impoundment fee shall be charged when any animal is picked up by the
Supervisor of Animal Control and transported to the Animal Control
Center or other City designated place of impoundment. The fee for
impoundment is specified in the Schedule of Fees, Title I, Appendix
A.
B.
The
fee for the care of any animal during the period of impoundment for
each day or portion of a day that said animal is impounded shall be
according to the Schedule of Fees, Title I, Appendix A.
[R.O. 2012 §210.340; Ord. No. 87-10-2 §1, 10-5-1987]
Nothing in this Chapter shall be construed to regulate the owning,
keeping or display of animals by governmental entities nor to prohibit
the customary and humane presentation of any circus, rodeo, horse
or stock show, trained animal act, or other similar traveling or temporary
animal display or act if conducted pursuant to all applicable City
ordinances and State laws applicable at the time of occurrence.
[R.O. 2012 §210.350; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 92-12-2, 12-7-1992; Ord. No. 14-07-05 §7, 7-21-2014]
A.
Responsibility. The Supervisor of Animal Control or his/her
designate shall be responsible for the removal of all dead animals
found within the City except as otherwise provided in this Section.
In this Section, "dead animals" shall mean one not
killed for food or no longer fit for food.
B.
Removal Of Large Dead Animals. All large dead animals shall
be removed by the owner or proprietor of the premises within twelve
(12) hours after the death of such animal. If not so removed, such
animal shall be removed by the City Manager or Animal Control Officer
at actual cost to the property owner or proprietor.
C.
Removal Of Small Dead Animals. For the removal of small
dead animals from animal hospitals, commercial establishments, laboratories
and other similar places where animals are kept for commercial or
scientific purposes the fee for each animal shall be according to
the Schedule of Fees, Title I, Appendix A.
D.
Charges. Charges for dead animals removal as required in
Subsection (2 and 3) above are due and payable upon billing by the
Director of Finance or his/her designate.
E.
Access. On occupied property, the owner or the tenant thereof
shall provide easy access to the subject animal for purposes of its
removal.
F.
Notice. No person owning or having in his/her possession
the carcass of any animal not to be used for food shall permit the
same to remain in or upon any street, sidewalk, park, public ground,
private lot, or other place without at once giving notice to the Police
Department.
[R.O. 2012 §210.360; Ord. No. 87-10-2 §1, 10-5-1987]
No horse market shall be conducted or maintained in any block
of ground in the City where a majority of the frontage of any side
of such block is occupied and used for residential purposes. It shall
further be unlawful to offer any animal for sale at auction, unless
the same is done in a barn, stable or other covered enclosure. Where
any animal is offered for sale at auction, the auctioneer so offering
the same for sale shall first make a minute description of such animal
in a wellbound book, which book shall be at all times open to inspection
by any Officer of the City or Police Department.
[R.O. 2012 §210.370; Ord. No. 87-10-2 §1, 10-5-1987]
Any person operating a commercial animal establishment shall
keep and maintain the animals, and all structures, pens or yards in
which the animals are kept, in such a manner as to prevent a nuisance
or health hazard to humans and to avoid injury to these animals. All
cages and holding areas must be properly sanitized so as to keep the
animals enclosed therein free of diseases. All such caged animals
shall be provided with a constant supply of wholesome food and water
or in lieu of this, the proprietor shall prominently and publicly
post and shall follow a schedule for adequate feeding and watering.
All disease-infested animals shall be removed and treated to prevent
the spread of disease or euthanized and if the owner or keeper fails
or refuses to provide for such, the Supervisor of Animal Control may
remove such animals to the Municipal Animal Shelter or appropriate
facilities for disposition as provided by this Chapter.
[R.O. 2012 §210.380; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 14-07-05 §8, 7-21-2014]
Any bite wound exposing an individual to the possibility of
rabies or other zoonotic disease thereinafter "incident" shall be
immediately reported to the Excelsior Springs, Missouri Police Department
by the victim and by the owner, keeper or harborer of the animal if
the incident is known to him/her. Any animal bite which requires medical
treatment shall be reported within twenty-four (24) hours to the Police
Department by the treating physician or hospital caring for the patient.
It shall be the duty of the Police Department to promptly notify the
Supervisor of Animal Control of any such bite reported to the Police.
It shall be unlawful for the owner, keeper or person harboring the
animal involved in such incident to release it from his/her custody
or to hide or conceal such animal or to take or allow such animal
to be taken beyond the limits of the City unless so authorized by
the Chief of Police or City Manager, until an observation period stipulated
by the City Manager or his/her designate from the particular species
of animal is over or such period is ruled unnecessary by the City
Manager or his/her designate. It shall be the duty of such owner or
keeper upon receiving notice of such incident to immediately place
the animal involved in a duly licensed veterinary medical facility,
the address of which must be furnished to the Supervisor of Animal
Control at once, or in the Municipal Animal Shelter, or kept confined
as agreed upon with the Animal Control Officer, where such animal
shall be isolated and confined for observation. The owner or keeper
of an animal involved in a biting incident shall be liable for the
cost of confinement and observation. The fee for the confinement and
observation in the City Animal Control Center shall be according to
the Schedule of Fees, Title I, Appendix A. The death or any suspicious
change in health or behavior of any such animal undergoing observation
shall be reported immediately by the observing authority to the City
Manager or his/her designated representative. In the event that a
proper period of observation is undetermined or undeterminable for
the species of animal involved in an incident, the City Manager or
Chief of Police is hereby empowered to order whatever laboratory examination
of the animal or the animal's issues is required by prudent medical
practice for the protection of the victim and no liability for damages
shall arise from any injury to or the death of the animal occasioned
by said laboratory examination. When an animal involved in an incident
is outside the City, the City Manager or the Supervisor of Animal
Control shall forward information concerning the incident to the appropriate
authority of the jurisdiction of residence of the owner, keeper or
harborer of the appropriate State Health Department for coordinated
disease prevention.
[R.O. 2012 §210.390; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.390, 11-4-1991]
A.
It
shall be the duty of every owner or keeper of any dog, cat or miniature
pig upon receiving notice or having knowledge of the involvement of
his or her pet in a human exposure to the possibility of rabies or
other zoonotic disease by biting (hereinafter "incident") to immediately
place such animal in a duly licensed veterinary medical facility,
the address of which must be furnished to the Supervisor of Animal
Control at once, or in the Municipal Animal Shelter, where such animal
shall be isolated and confined for observation for ten (10) consecutive
days from and including the day of the incident. It shall be unlawful
for the owner, keeper or person harboring the animal involved in such
incident to release it from his/her custody or to hide or conceal
such animal or to take or allow such animal to be taken beyond the
limits of the City, unless so authorized by the City Manager or his/her
designate, until the period of confinement and observation here required
is completed. The owner or keeper of such animal involved in an incident
shall be liable for the cost of confinement and observation. The death
or any suspicious change in the health or behavior of any such dog,
cat or miniature pig undergoing observation shall be reported as soon
as possible by the observing authority to the City Manager or his/her
designate. The City Manager or his/her designate is hereby authorized
to authorize confinement other than described above as he/she finds
medically appropriate, providing such animal will be controlled and
observed in accordance with the owner's signed or verbal agreement,
but only if such dog, cat or miniature pig has been vaccinated for
rabies within the past twelve (12) months and is duly licensed as
provided by this Chapter. Unless determined otherwise by the City
Manager, exceptions to the aforesaid confinement may be granted by
the Supervisor of Animal Control in the following cases:
1.
Where a female dog is nursing unweaned puppies or a female cat is
nursing unweaned kittens, or a female miniature pig is nursing unweaned
piglets.
2.
If the investigating Police Officer determines both:
a.
That the incident occurred while the animal involved was confined
and legally kept upon the property of the owner, and
b.
That the person injured was upon the property without the express
or implied consent of the owner and was not there performing functions
of a job.
|
|
However, if the person injured in an incident or his/her parent
or guardian in the case of a minor, desires that the animal be impounded
(even though an exception to impoundment has been granted as aforesaid)
and agrees in writing to pay for its board during the period of confinement,
it shall be impounded in the manner and for the period specified earlier,
unless determined otherwise by the City Manager or Chief of Police
upon review of the facts and circumstances of the incident.
|
[R.O. 2012 §210.400; Ord. No. 87-10-2 §1, 10-5-1987]
If any dangerous, fierce, or vicious dog, cat or other animal believed involved in an incident (as the term "incident" is used in Sections 210.360 and 210.370) cannot be safely captured or prevented from escaping by usual means, such animal may be slain by a Police Officer or animal control officer if such is the officer's belief. In all cases where such animal may have exposed a person to rabies and is slain before the completion of the observation period stipulated for the species by the City Manager or his/her designate, it shall be the duty of any person slaying such animal to forthwith deliver or cause to be delivered all the remains of such animal to the Supervisor of Animal Control. A departure from this procedure must be requested of and authorized by the City Manager or his/her designate.
For the purpose of disease or injury control, the Supervisor
of Animal Control is hereby empowered to impound and observe pets
in transit through Excelsior Springs, Missouri, at the request of
any official animal control agency, health officer, or law enforcement
agency of another jurisdiction.
[R.O. 2012 §210.420; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.420, 11-4-1991; Ord. No. 92-12-2, 12-7-1992]
A.
Any
person violating any provision of this Chapter shall be deemed guilty
of an ordinance violation and upon conviction of any such violations
shall, unless another specific penalty or specific penalty range be
provided by another Subsection of this Section, be punished by a fine
of not less than fifteen dollars ($15.00) nor more than five hundred
dollars ($500.00), or by imprisonment in the Municipal Correctional
Institution for a term not to exceed ninety (90) days or by both such
fine and imprisonment.
B.
The
penalty range for any person violating any of the following Sections
of this Chapter:
Section 210.170. License, required for dogs,
cats or miniature pigs.
Section 210.230. Wearing of license or identification
tags required.
Section 210.290. Dogs and miniature pigs running
at large — prohibited.
shall be increased, up to a maximum of five hundred dollars
($500.00), for any animal not properly licensed according to this
Chapter.
C.
Each
day's violation of, or failure, refusal or neglect to comply with,
any provision of this Chapter, shall constitute a separate and distinct
offense.
[R.O. 2012 §210.430; Ord. No. 87-10-2 §1, 10-5-1987]
A.
Guard Dogs. Any guard dog (for the purposes of this Chapter
here defined as a dog not owned by a government 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 at 2 CSR 30-2.10 (8), 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 such service
begins.
B.
In addition to all other requirements of this Chapter, each guard dog as defined in Section 210.250(C) shall at all times while being used as a guard dog wear a collar bearing a bright red two (2) inch diameter disc to warn the public. The Supervisor of Animal Control shall sell such disc for one dollar ($1.00) each or the owner or keeper of each such dog may supply and use a disc of similar appearance subject to such being determined to be similar in appearance and durability by the Supervisor of Animal Control.
C.
Guard dogs as defined in Section 210.250(C) shall be effectively restrained to prevent escape when in transit and while being loaded and unloaded at the premises guarded.
D.
All guard dogs housed or used within the City of Excelsior Springs shall be considered a dangerous dog and shall comply with Section 210.250(C)(1 — 4), if kept, housed, or maintained on premises other than those guarded by the dog.
E.
Violation of any part of this Section 210.410 shall be punishable under Section 210.400(A).
[R.O. 2012 §210.440; Ord. No. 87-10-2 §1, 10-5-1987]
Whenever any animal is found confined in a motor vehicle in a public place under weather conditions that endanger its life as determined by the Supervisor of Animal Control, the Supervisor of Animal Control is hereby authorized, to enter such vehicle and rescue such animal and thereafter impound it in accordance with Section 210.300. A prominent written notice shall be left on or in the vehicle advising that the animal has been removed under the authority of this Section and impounded in accordance with Section 210.300 at the Municipal Animal Shelter.
[R.O. 2012 §210.450; Ord. No. 92-12-2, 12-7-1992; Ord. No.
14-07-05 §10, 7-21-2014]
The fee for animal licenses required under Section 210.170 shall be as specified in the Schedule of Fees, Title I, Appendix A.
[R.O. 2012 §210.460(A); Ord. No. 87-10-2 §1, 10-5-1987]
It shall be unlawful to keep, harbor, own or in any way possess
within the corporate limits of the City of Excelsior Springs, Missouri,
any Pit Bull dog, provided that Pit Bull dogs residing in the City
on October 5, 1987 within the City.