[Ord. No. 591 §1, 6-8-2006]
The following words when used in this Chapter shall have the meanings set out herein.
- DOGS OR CATS
- 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.
- OWNER OR KEEPER
- 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.
- PIT BULL DOG
- Shall be held and construed to mean any and all of the following dogs:
- 1. The Staffordshire Bull Terrier breed of dogs.
- 2. The American Staffordshire Terrier breed of dogs.
- 3. The American Pit Bull Terrier breed of dogs.
- 4. Dogs which have the appearance and characteristics of being predominately of the breeds of the dogs known as Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier.
- RUNNING AT LARGE
- 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.
- SERIOUS PHYSICAL INJURY
- 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.
- UNRESTRAINED DOG
- 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.
- VICIOUS DOG
- Shall be held and construed to mean any of the following dogs:
- 1. 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.
- 2. 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.
- 3. 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.
- 4. Any dog that has killed another dog, cat or other domestic animal without provocation.
- 5. Any pit bull dog.
[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.
[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 (1st) day of July and shall permit the applicant to operate such kennel described in the application until the license expires on the first (1st) 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 Sections 578.009 or 578.012, RSMo., shall constitute sufficient cause for revocation of such license.
[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 a misdemeanor 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).
[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. Any and all dogs and cats found running at large within the corporate City limits of Gerald, Missouri, will be taken up and impounded for a period of not less than five (5) days unless redeemed by the owner. Upon the termination of such five (5) day period unredeemed dogs and cats are to be turned over to the Humane Society for adoption or other disposal.
[CC 1987 §73.040; Ord. No. 391 §73.040, 10-27-1994; Ord. No. 467 §1, 4-13-2000]
The owner of any impounded dog or cat may reclaim such dog or cat upon payment of the sum of twenty-five dollars ($25.00) for the first (1st) time, forty dollars ($40.00) for the second (2nd) time and seventy-five dollars ($75.00) for the third (3rd) time. These payments should be made to the City of Gerald, Missouri, or its authorized representative. It shall be understood that if the dog or cat is over five (5) months of age and has not been vaccinated against rabies within the past year, the owner must take the dog or cat to a licensed veterinarian for such vaccination within three (3) days from date of release. If the owner does not take such dog or cat to a licensed veterinarian and display a certificate of rabies vaccination to the designated City Officer within such three (3) day period, he/she automatically surrenders ownership of the animal to the City of Gerald, Missouri, to be disposed of as an unredeemed dog or cat.
[CC 1987 §73.060]
The patrolling for, taking up of and impounding of dogs and cats shall be done in a humane manner by a person or persons or qualified organization or firm appointed by the Board of Aldermen and, if practicable, under contract with the City of Gerald, Missouri.
Every officer impounding a dog or cat under this Chapter shall, within twenty-four (24) 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.
[CC 1987 §73.080]
All female dogs shall be kept securely confined in an enclosed place while in heat. Whether the Chief of Police or other authorized person is able or unable to catch a female dog running at large during said heat period, failure of the owner to keep a dog in said condition securely confined shall be considered a misdemeanor, punishable upon conviction by assessment of a fine of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00).
[Ord. No. 2009-05 §1, 4-9-2009]
It shall be illegal for any person, corporation or entity to own, keep or possess within the City of Gerald, Missouri, a "pit bull" or "pit bull mix" as defined in Section 205.010 of this Chapter or 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.
For purposes of this Section, all "pit bull" or "pit bull mix" dogs shall be presumed to possess a vicious propensity. For all other type dogs, regardless of breed, "vicious propensity" shall mean the propensity to attack or attempt to attack people or other animals.
It shall be no defense to this Section that any such dog is caged, fenced or any other way restrained.
[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.