[R.O. 1996 § 205.010; Ord. No. 591 § 1, 6-8-2006]
The following words when used in
this Article shall have the meanings set out herein.
Shall be held and construed to mean all animals of the canine
or feline species, both male and female.
Any lot or premises or portion thereof on which a combined
five (5) or more dogs or cats are kept or five (5) or more dogs, whether
for commercial or non-commercial purposes, but not including animals
four (4) months of age or younger which are the natural offspring
of animals otherwise lawfully kept.
Any person, partnership, corporation or limited-liability
company which owns, harbors, shelters, keeps, controls, manages, possesses
or has an interest in any animal. The occupant of any premises on
which an animal remains for a period of ten (10) days is presumed
to be the owner thereof. If a minor owns an animal, the head of the
household of which said minor is a member shall be deemed to be the
owner of such animal for the purpose of this Article and under this
Article shall be responsible as the owner.
Shall be held and construed to mean suffering a dog or cat
to be off the private premises of the owner or keeper, or his/her
agent or servant, and not on a leash or confined to the arms, motor
vehicle, trailer or other conveyance of the owner or keeper, his/her
agent or servant.
Shall be held and construed to mean physical injury that
creates a substantial risk of death or that causes serious disfigurement
or protracted loss or impairment of the function of any part of the
body.
Shall be held and construed to mean a person upon the premises
of the owner or keeper of the dog in question without license or privilege
to be upon said premises.
Shall be held and construed to mean any dog running at large,
or, a dog on the premises of its owner or keeper but not confined
to said premises by a leash, fence, structure or other means, that
would prevent the dog from leaving such premises.
Shall be held and construed to mean any of the following
dogs:
Any dog, whether or not running at
large, and whether or not unrestrained, that without provocation has
bitten any person not a trespasser causing serious physical injury
to that person.
Any unrestrained dog, whether or
not running at large, that without provocation has attempted to bite
any person not a trespasser which would cause serious physical injury
to that person.
Any unrestrained dog, whether or
not running at large, that without provocation has placed any person
not a trespasser in apprehension of immediate serious physical injury.
Any dog that has killed another dog,
cat or other domestic animal without provocation.
[R.O. 1996 § 205.015; Ord. No. 591 § 2, 6-8-2006]
No person, partnership, corporation
or limited-liability company shall, at any time, keep, harbor or own,
at one (1) location within the City, more than a combined five (5)
dogs or cats over the age of four (4) months or five (5) dogs over
the age of four (4) months. This provision shall not apply to a lawfully
operated kennel, a kennel maintained in connection with a small animal
hospital or veterinarian clinic, or the City pound.
[R.O. 1996 § 205.016; Ord. No. 591 § 2, 6-8-2006; Ord. No. 885, 4-11-2019]
Any person, partnership, corporation
or limited-liability company which owns, harbors, shelters, keeps,
controls, manages, possesses more than a combined five (5) dogs or
cats over the age of four (4) months or five (5) dogs over the age
of four (4) months, whether for commercial or non-commercial purposes,
shall be deemed the owner of a kennel. Such owner shall file application
as provided below and comply with the provisions of Chapter 273, RSMo.
Such owner shall file application on a form provided by the City Clerk,
which application shall provide information to indicate whether or
not the kennel and its operation thereof will not be in violation
of State laws and City ordinances. If it appears that such kennel
and the operation thereof will not be in violation of State laws and
City ordinances, the City Clerk shall issue a kennel license to said
applicant upon payment of twenty dollars ($20.00). The kennel license
does not preclude the need for each dog or cat to be vaccinated or
the need to obtain other City or State licenses when engaged in a
commercial business. Such license shall become due on or before the
first day of July and shall permit the applicant to operate such kennel
described in the application until the license expires on the first
day of July next following the issuance of the license unless said
license is revoked. Two (2) or more violations of this Section as
determined by the Circuit Court after all appeals have been decided
and the decision has become final, or two (2) or more violations of
Section 578.009, 578.011 or 578.012, RSMo., shall constitute cause
for revocation of such license.
[R.O. 1996 § 205.020; CC 1987 § 73.020]
It shall be unlawful for any person
to resist or interfere with any Police Officer or any other properly
designated person in the performance of his/her duty in taking up
of and impounding of any dog or cat found to be running at large within
the corporate City limits of Gerald, Missouri. Such interference shall
be deemed an ordinance violation and, upon conviction, the guilty
individual shall be fined not less than twenty-five dollars ($25.00)
nor more than one hundred dollars ($100.00).
[R.O. 1996 § 205.030; CC 1987 § 73.030]
It shall be unlawful for any owner
or any person having the management or care, in whole or in part,
of any dog or cat, whether vaccinated or not, to permit the dog or
cat to go off the premises of the owner or keeper thereof, unless
it is securely tied by line or leash not more than six (6) feet in
length and is accompanied by and is under the direction, control and
supervision of the owner or some member of his/her immediate family
or an authorized representative.[1]
[1]
Editor's Note: R.O. 1996 §§ 205.040, Redemption
Of Impounded Dogs And Cats, and 205.050, Patrolling, Taking Up And
Impounding Of Dogs And Cats, were removed by the City during the 2020
recodification project.
[R.O. 1996 § 205.060]
Every officer impounding a dog or
cat under this Article shall, within twenty-four-hours after such
impounding, enter upon a registry open to the public, and in plain
public view at the City Hall of the City, a description of such dog
or cat, including breed, color, and approximate size, and the date
apprehended, and if the owner or keeper is known, the name and address
of such owner or keeper; or the owner or keeper shall be given actual
notice of the impoundment of such dog or cat before disposition of
such dog or cat.[1]
[1]
Editor's Note: R.O. 1996 § 205.070, Female Dogs
And Their Confinement, was removed by the City during the 2020 recodification
project.
[R.O. 1996 § 205.080; Ord. No. 2009-05 § 1, 4-9-2009]
A.
It shall be illegal for any person, corporation
or entity to own, keep or possess within the City of Gerald, Missouri,
any dog which is bred and/or trained as an attack dog or any dog which
displays a vicious propensity as defined in this Section.
B.
For purposes of this Section, for all dogs,
regardless of breed, "vicious propensity" shall mean the propensity
to attack or attempt to attack people or other animals.
C.
It shall be no defense to this Section
that any such dog is caged, fenced or any other way restrained.
[R.O. 1996 § 205.090; CC 1987 § 73.090]
If any dangerous, fierce or vicious
dog be found running at large as defined herein, which cannot be safely
taken up and impounded with reasonable safety to its captors, such
dog may be killed by the Police.
[R.O. 1996 § 215.020]
Any person in physical possession
and control of any animal shall remove excreta or other solid waste
deposited by the animal in any public or private area not designated
to receive such wastes, including but not limited to streets, sidewalks,
parking lots, public parks or recreation areas and private property.
The provisions of this Section shall not apply to a guide dog accompanying
any blind person.
