[Ord. No. 98-0859 §73.010, 3-16-1998]
As used in this Chapter, the following terms shall have these prescribed meanings:
- ANIMAL SHELTER
- Any premises designated by City administrative authority for the purpose of impounding and caring for animals held under authority of this Chapter.
- Any living creature, domestic or wild.
- HUMANE OFFICER
- Any person designated by the Humane Society as a Law Enforcement Officer and who is qualified to perform such duties under the laws of the State of Missouri.
- HUMANE SOCIETY
- Any organization for the prevention of cruelty to animals or children incorporated under the laws of the State of Missouri.
- Any person, partnership or corporation engaged in the business of breeding, buying, selling or boarding dogs and cats or engaged in the training of dogs for guard or sentry purposes.
- Any person, partnership or corporation owning, keeping or harboring animals.
- An individual, partnership, company or corporation.
- PET SHOP
- Any person, partnership or corporation engaged in the business of breeding, buying, selling or boarding animals of any species.
- An animal shall be deemed to be under restraint if on the premises of its owner or if accompanied by a responsible person and under that person's control.
- VETERINARY HOSPITAL
- Any establishment maintained and operated by a licensed veterinarian for the boarding of animals or the diagnosis and treatment of diseases and injuries of animals.
[Ord. No. 98-0859 §73.020, 3-16-1998]
No person shall keep, own or harbor any dog which habitually chases pedestrians or vehicles.
No person shall keep, own or harbor any dog which barks, whines or howls continuously or intermittently so as to disturb the peace and quiet of a person on property other than that on which the dog is kept or harbored.
Enforcement under this Section may only be made upon the making of a written complaint to the City. This Section shall not apply to the City animal shelter, veterinary offices and hospitals or licensed kennels or pet shops.
[Ord. No. 98-0859 §73.040, 3-16-1998; Ord. No. 324, 4-2-2018]
No person keeping, harboring or owning a domestic dog shall allow such a dog to run at large off the premises of the owner. All dogs must be kept on a leash or voice command and under control of some competent person if such dog is not on the owner's property.
In all City of Warsaw parks and public use areas, all dog owners at all times shall keep all dogs on a leash no longer than six (6) feet in length.
[Ord. No. 2006-38, 10-2-2006]
It is unlawful for any person to own, harbor or possess a vicious dog, except as allowed by the provisions of this Section of the City Code. The Municipal Court Judge may declare a dog vicious:
When evidence shows an attack or bite to a human is unprovoked.
When evidence shows an attack upon another domestic animal is unprovoked.
In the absence of a bite, when sufficient evidence is presented to show the dog or dogs display characteristics such as habitually snapping, charging, growling or otherwise manifests a disposition to bite, attack or injure any person or domestic animal or pet if afforded the opportunity, or if in the judgment of the court it causes any person to have a reasonable fear of immediate serious physical injury.
It is unlawful for any person to violate any restriction imposed by this Section after a dog has been declared a vicious dog by order of the Municipal Court.
Following the filing of charges under this Section, upon the affidavit of the Warsaw City Police Chief or of the supervisor of the Animal Control Officer alleging the dog is a vicious dog and upon the motion of the prosecutor, the judge of the Municipal Court may order any of the following:
The City may at any time initiate an administrative hearing in writing to determine if a dog is vicious pursuant to this Chapter. If a dog is being held pursuant to Municipal Court order as an alleged vicious dog, the owner of the dog may, in writing, request an administrative hearing. The hearing shall be held before the Municipal Judge or such persona as shall be designated by the Mayor within twenty one (21) days after the written notice is received by the City Police Chief. The hearing examiner, as appointed by the Mayor, shall take evidence and determine if the facts support a finding that the dog is vicious. If the hearing examiner finds the dog to be vicious, an order shall be entered consistent with the remedies set forth in this Section. The order of the hearing examiner shall be considered the same as an order of a Municipal Judge for purpose of enforcement of the order. If the hearing examiner is also a Municipal Judge, any charge being prosecuted for vicious dog may be consolidated with the administrative hearing. The Municipal Judge may enter an appropriate judgment and sentence in the capacity of Municipal Judge and may enter an appropriate order in the capacity of a hearing examiner.
Any dog declared vicious by the judge of the Municipal Court may be ordered humanely euthanized immediately.
Any dog declared vicious by the judge of the Municipal Court and not ordered euthanized, and as a condition of residing within the corporate limits of Warsaw, shall be required to meet the following mandated restrictions:
The dog or dogs must receive an identification microchip implant within one (1) week of the order of the Municipal Court. The microchip used must be approved by the Warsaw Police Department and implanted by a licensed veterinarian. It shall be a violation of the City Code for a microchip to be removed unless it is for a medical reason and then only by a licensed practicing veterinarian. The Police Department must be notified immediately in writing, notarized and signed by the owner of the dog and the licensed practicing veterinarian who removed the microchip, of said removal.
The dog or dogs shall be securely confined indoors or in a securely enclosed and locked kennel or cage. The kennel or cage shall be the size appropriate to the size of the dog or dogs kept therein and shall provide adequate ventilation, shade from the sun and protection from the elements. In the event of a dispute over the appropriate size, the guidelines of the Missouri Department of Agriculture Regulations for Animal Care Facilities shall apply. The kennel or cage must be constructed with nine-gauge steel chain link. Such kennel or cage must have secure sides, a secure top and secure bottom or floor attached to the sides, or the sides must be embedded in the ground to a sufficient depth and, in addition, the kennel or cage must have a double-blind entrance and must be locked with a key or combination lock when such dog or dogs are within the structure. Any such kennel or cage must be located at least twenty-five (25) feet from the nearest point to the dwelling of another, a church, a school or a place of business of another and must comply with all zoning and building regulations of the City.
The dog or dogs shall not be allowed by remedy to be removed from the City to a location outside of the City limits.
Any dog declared vicious by the judge of the Municipal Court and not ordered euthanized, and as a condition of residing within the corporate limits of Warsaw, may be required to meet any or all of the following restrictions:
The dog or dogs shall be spayed or neutered within one (1) week of the ruling unless a duly licensed veterinarian practicing in Warsaw or Benton County documents to the Warsaw Chief of Police that medical conditions of the dog contradict sterilization. Such sterilization shall require surgical removal of the gonads. Verification that sterilization has taken place shall be presented in writing to the Warsaw Chief of Police by the licensed practicing veterinarian performing the procedure.
The dog or dogs shall be registered with the Clerk for the City of Warsaw each year with the annual fee to be set at fifty dollars ($50.00).
All owners, keepers or harborers of any vicious dog must maintain in effect public liability insurance in a single incident amount of one hundred thousand dollars ($100,000.00) for bodily injury to, or death of, any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such dog. A one hundred thousand dollar ($100,000.00) surety bond or letter of credit may be substituted for the insurance policy. All owners, keepers or harborers of vicious dogs shall present to the Warsaw Chief of Police a statement from all parties involved certifying that they have the required insurance policy, surety bond or letter of credit.
When confined indoors, no vicious dog or dogs may be kept on a porch, patio or in any part of a house, building or structure that would allow the dog or dogs to exit such building on its own volition. No such dog or dogs may be kept in a house, building or structure when the windows are open. No vicious dog may be kept in a house, building or structure when screen windows or screen doors are the only obstacles preventing the dog from exiting the structure.
No person shall permit a vicious dog or dogs to go outside its kennel, cage or secure structure unless that person has the dog or dogs securely leashed to a buckle collar and on a leash longer than six (6) feet in length, and that person has physical control of the dog. Such dogs shall not be leashed to inanimate objects such as trees, posts and buildings. Additionally, all such dogs on a leash outside the dog's kennel, cage or secure structure must be muzzled by a humane muzzling device sufficient to prevent the dog from biting persons or other animals.
The premises on which the dog or dogs are kept shall be clearly posted with signage warning the public of the following:
Any dog or dogs declared vicious by the Municipal Court cannot be sold, given away or ownership otherwise transferred without the expressed permission of the Chief of the Warsaw City Police.
To assure compliance with the court-ordered restrictions, the Warsaw City Police are hereby authorized to conduct unannounced inspections of such frequency so as to determine if said restrictions are being met and consent is hereby deemed to have been given to conduct such inspections inside and outside dwellings and buildings without a search order or other court order.
Refusal or failure to comply with any of the mandated or court-ordered restrictions or authorized inspection shall constitute a violation of the City Code and, in addition, shall be considered as justifiable grounds for the judge of the Municipal Court to order further restrictions or euthanization of the dog or dogs. Any dog or dogs maintained and utilized by any governmental law enforcement agency shall not be considered a vicious dog so long as it is maintained and utilized for law enforcement purposes.
Nothing in this Section shall be construed to affect any suit or proceeding now pending in any court or any rights acquired or liability incurred nor any cause or causes of action occurred or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this Section.
[Ord. No. 2006-36 §§1 — 4, 11-6-2006]
Prohibition Of Pit Bull Dogs. It shall be unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport or sell within the City any pit bull.
Definitions. As used in this Section, unless the context otherwise indicates, the following terms mean:
- Any person who owns, possesses, keeps, exercises control over, maintains, harbors, transports or sells any animal.
- PIT BULL
- Any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier or any dog displaying the majority of physical traits of any one (1) or more of the above breeds or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the above breeds. The A.K.C. and U.K.C. standards for the above breeds are on file in the office of the City Clerk of the City of Warsaw.
- SECURE TEMPORARY ENCLOSURE
- A secure enclosure used for purposes of transporting a pit bull and which includes a top and bottom permanently attached to the sides except for a "door" for removal of the pit bull. Such enclosure must be of such material, and such door closed and secured in such a manner, that the pit bull cannot exit the enclosure on its own.
Exceptions. The prohibition in this Chapter shall not apply in the following enumerated circumstances. Failure by the owner to comply and remain in compliance with all of the terms of any applicable exception shall subject the pit bull to immediate impoundment and disposal pursuant to this Section and shall operate to prevent the owner from asserting such exception as a defense in any prosecution under this Chapter.
The City may temporarily harbor and transport any pit bull for purposes of enforcing the provisions of this Chapter.
Any humane society operating an animal shelter which is registered and licensed by the City may temporarily hold any pit bull that it has received or otherwise recovered, but only for so long as it takes to contact a suitable holding facility and transport or receive permission to destroy or have destroyed the pit bull pursuant to this Chapter.
A person may temporarily transport into and hold in the City a pit bull only for the purpose of showing such pit bull in a place of public exhibition, contest or show sponsored by a dog club association or similar organization. However, the sponsor of the exhibition, contest or show must receive written permission from the Warsaw City Police Chief, must obtain any other permits or licenses required by City ordinance and must provide protective measures adequate to prevent pit bulls from escaping or injuring the public. The person who transports and holds a pit bull for showing shall, at all times when the pit bull is being transported within the City to and from the place of exhibition, contest or show, keep the pit bull confined in a "secure temporary enclosure" as defined in this Section.
Except as provided in this Section, the owner of a pit bull may temporarily transport through the City a pit bull, or such owner may transport the animal to a veterinarian or groomer for care and participate in a skills or exhibition show as provided by this Chapter. At all times when the pit bull is being transported within the City, it must be kept confined in a "secure temporary enclosure" as defined herein.
Ownership, Licensing, Liability Insurance. The current owner of any pit bull or any person who acquires valid ownership of a pit bull shall be allowed to keep such pit bull within the City or if the owner registers the pit bull with the City of Warsaw and receives a valid registration. Further, any person owning a pit bull who relocates his or her residence to the City of Warsaw shall, within thirty (30) days of relocating their residence to Warsaw, register their pit bull and comply with all provisions of this Chapter regarding ownership of such animal. As a condition of registration of such pit bull, the owner shall at the time of application comply with or otherwise provide sufficient evidence that the owner is in compliance with all of the following regulations:
The owner of the pit bull shall provide proof of rabies vaccination, shall pay an annual pit bull registration fee of fifty dollars ($50.00) and shall provide an annual certificate of liability insurance in the amount of five hundred thousand dollars ($500,000.00) covering named animal.
The owner of the pit bull shall keep current the registration for such pit bull through annual renewal. Such registration is not transferable and shall be renewable only by the holder of the registration or a member of the holder's immediate family. A pit bull registration tag will be issued to the owner at the time of issuance of the registration. Such registration tag shall be attached to the pit bull by means of a collar or harness and shall not be attached to any pit bull other than the pit bull for which the registration was issued. If the pit bull's tag is lost or destroyed, a duplicate tag may be issued upon the payment of a two dollar ($2.00) fee.
The owners shall, at the owner's own expense, have the pit bull spayed or neutered and shall present the Warsaw City Police Chief or his authorized representative documentary proof from a licensed veterinarian that this sterilization has been performed. This Subsection shall not apply to any pit bull which is registered as an active participant in a dog exhibition or skills association or organization for which the owner must present a certificate of registration from the American Kennel Club and/or the United Kennel Club and signed and registered service animal. The exception contained in this Subsection does not apply to any pit bull which has not actively participated in any such shows in the previous twelve (12) months.
The owner shall bring the pit bull along with the documentary proof that all of the above conditions have been met to the Chief of Police for Warsaw. The Chief of Police shall issue a registration and registration tag if all conditions have been met and upon receipt of the registration fee. The owners shall allow a person authorized by the Chief of Police to implant a microchip or, at the owner's option, have the microchip implanted by a veterinarian. The Chief of Police shall maintain a file containing the registration numbers and names of the pit bulls and the names and addresses of the owners. The owner shall notify the Chief of Police of any change of address.
At all times when a pit bull is at the property of the owner, the owner shall keep the pit bull "confined", as the term is defined in this Section. At all times when a pit bull is away from the property of the owner, the owner shall keep the pit bull securely leashed and either muzzled or wearing head gear that provides equal protection as if muzzled or in a "secure temporary enclosure" as that term is defined in this Section.
An owner of a pit bull shall notify the Chief of Police or authorized representative within five (5) days in the event the pit bull is lost, stolen, dies or has a litter. In the event of a litter, the owner must deliver the puppies to the Warsaw Chief of Police or his designated agent for destruction or permanently remove the puppies from Warsaw and provide sufficient evidence of such removal by the time the puppies are weaned, but in no event shall the owner be allowed to keep in Warsaw a pit bull puppy born after the date of publication of this Section that is more than eight (8) weeks old. Any pit bull puppies kept contrary to the provisions of this Subdivision are subject to immediate impoundment and disposal pursuant to this Section.
The owner shall have posted at each possible entrance to the owner's property where the pit bull is kept a conspicuous and clearly legible pit bull sign. Such pit bull sign must be at least eight (8) inches by ten (10) inches in rectangular dimensions and shall contain only the words "PIT BULL DOG" in lettering not less than two (2) inches in height.
Notwithstanding the provisions of this Section, the Chief of Police or his authorized representative is authorized to immediately impound any pit bull found in the City of Warsaw which does not fall within the exceptions listed in this Section and he/she may house or dispose of such pit bull in such manner as the City Manager or his authorized representative may deem appropriate, except as the procedures in this Section or otherwise require.
When the Police Chief or his/her authorized representative has impounded any pit bull dog pursuant to this Section, and the owner of such dog disputes the classification of such dog as a pit bull, the owner of such dog may file a written petition with the Chief of Police or his/her authorized representative for an administrative hearing concerning such classification no later than seven (7) days after impoundment. Such petition shall include the name and address, including mailing address, of the petitioner. The Chief of Police or his/her authorized representative will then issue a notice of hearing date by mailing a copy of the petitioner's address no later than ten (10) days prior to the date of the hearing. Where no written request by the owner for a hearing is received by the Chief of Police or his/her authorized representative within seven (7) days of impoundment, the pit bull shall be destroyed.
The administrative hearing, if any, will be held before the Warsaw Municipal Court. Any facts which the petitioners wish to be considered shall be submitted at the hearing. The Municipal Court shall make the final determination whether the dog is a pit bull as defined in this Section. Such final determination shall be considered a final order of the Chief of Police or his authorized representative subject to review under Chapter 536, RSMo.
If the dog is found to be a pit bull, it shall be destroyed, unless the owner produces evidence deemed sufficient by the Chief of Police or his authorized representative that the pit bull is to be permanently taken out of Warsaw and the owner pays the cost of impoundment and the costs of the hearing. If the dog is found not to be a pit bull, the dog shall be released to the owner. The procedures in this Subsection shall not apply and the owner is not entitled to such a hearing with respect to any dog which was impounded as the immediate result of an attack or bite and has been deemed a "dangerous dog" under the Warsaw City Code.
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.
A person is guilty of animal abandonment when he/she has knowingly abandoned an animal in any place without making provisions for its adequate care.
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.
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:
The care and maintenance of neglected or abandoned animals within the person's custody or ownership;
The disposal of any dead or diseased animals within the person's custody or ownership;
The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and
The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.
A person is guilty of animal abuse when a person:
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.;
Purposely or intentionally causes injury or suffering to an animal; or
Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.
[Ord. No. 98-0859 §73.060, 3-16-1998]
All female dogs shall he/she kept securely confined in an enclosed place while in heat.
[Ord. No. 98-0859 §73.030, 3-16-1998]
No person shall own, keep, harbor or permit to be or remain on or about his/her premises any dog, cat or other domestic animal, which, if over five (5) months of age, has not been vaccinated by a licensed veterinarian with a vaccine approved and listed in the current rabies compendium. Every such person must obtain from a licensed veterinarian a written certification and metal tag to be attached to the animal's collar. However, said animal may not have to be vaccinated against rabies if a licensed veterinarian provides written documentation to the City that such vaccination should not be given considering the animal's living conditions and health.
The owner of any dog, cat or other domestic animal shall at all times, upon the request of the Animal Control Officer or Police Officer, furnish proof that such animal has been vaccinated with a current rabies vaccination.