[R.O. 2006 §210.010; Ord. No. 1246, 9-7-1999; Ord. No.
1492 § I, 8-20-2015]
For the purposes of this Chapter, the following words and phrases
shall mean:
Includes the leaving of an animal by its owner or other person
responsible for its care or custody without making effective provisions
for its proper care.
The facility or facilities operated by the City or its authorized
agents for the purpose of impounding or caring for animals under the
authority of this Chapter or State law.
All vertebrate and invertebrate animals such as but not limited
to bovine cattle, horses and other equines, hogs, goats, dogs, cats,
rabbits, sheep, chickens, ducks, geese, turkeys, pigeons and other
fowl that have been tamed, domesticated or captivated.
To be outside of a fence or other enclosure which restrains
the animals to a particular premise or not under the control, by leash
or lead, of the owner or other authorized person capable of restraining
the animal. Animals tethered to a stationary object within range of
public thoroughfares are deemed to be "at-large."
Any actual or suspected abrasion, scratch, puncture, tear,
bruise or piercing of the skin, caused by any animal, which is actually
or suspected of being contaminated or inoculated with the saliva from
the animal, directly or indirectly, regardless of the health of the
animal causing such bite.
Any member of the species felis catus, regardless of sex.
4th of July Parade, Christmas Parade, Homecoming Parade,
and Chamber of Commerce Fall Festival and such other events as may
be proclaimed by the Aldermen of the City of Willow Springs by proclamation
at any duly called City Council meeting, at least thirty (30) days
prior to such event, and/or,
An assembly of two (2) or more persons in attendance at any
show, exhibition, festival, meeting, parade, or event which has been
approved in advance by the City of Willow Springs, MO. Proof of approval
for purposes of establishing the existence of a public gathering may
consist of a copy of a "hold harmless agreement" entered into between
the event organizers and the City, or a written document from the
City authorizing the event, or testimony from the City Clerk, City
Administrator, or member of the Police Department of the City of Willow
Springs, MO, of the existence of such event.
Any animal deemed to be dangerous or vicious per Section 205.160.
Any member of the species canis familiaris, regardless of
sex.
A place of business where dogs are bought, sold, bred, raised
or kept for the purpose of sale, resale, training or teaching, and
which business is done commercially and for profit.
All animals that are included in the zoological class aves,
which shall, include, but not limited to, chickens, ducks, geese,
turkeys, guineas and pigeons.
Any person who shall allow any animals to habitually remain
or lodge or to be fed within his/her home, store, yard, enclosure
or place of business or any other premises where he/she resides or
controls.
Any cage trap that upon activation encloses an animal without
placing any physical restraint upon any part of the body of such animal.
The proper injection of a substance that quickly and painlessly
terminates the life of an animal, or any other method approved by
the American Veterinary Medical Association or the American Humane
Society.
The regulation and supervision by a competent person so that
an animal is unable to run or get loose at will.
Includes, but is not limited to, cattle, horses, goats, sheep
or other animals commonly regarded or used as farm or ranch animals.
Any male or female dog, cat and ferret that has been permanently
rendered sterile.
Includes own, keep, harbor, shelter, manage, possess or have
a part interest in any animal. If a minor owns any such animal subject
to the provisions of this Chapter, the head of the household of which
such minor is a member shall be deemed to own such animal for the
purposes of this Chapter.
The one who owns, or his/her employee, agent or other competent
person into whose charge an animal has been placed by the actual owner
as described in the definition of "own" above.
An injection of a vaccine, approved by the State Board of
Public Health and administered by a licensed veterinarian for the
purpose of immunizing an animal against rabies.
A doctor of veterinary medicine licensed by the State of
Missouri.
[R.O. 2006 §210.020; Ord. No. 1246, 9-7-1999; Ord. No.
1417, 7-14-2008]
A.
There
is hereby created the position of Animal Control Officer for the City
and such officer shall be charged with the enforcement of this Chapter.
The Mayor and Board of Aldermen shall appoint one (1) or more persons
as Animal Control Officers. The Animal Control Officer shall be responsible
to the Chief of Police who shall be his supervisor and shall be responsible
for the following details:
1.
The impoundment and disposal of all dogs running loose.
2.
The citing and signing of charges against owners who violate this
Chapter.
3.
The care of the pound and surrounding area.
4.
The recording of all activities of the Animal Control Department
and submission of a written report each month.
5.
The removal of all dead animals from City streets and rights-of-way.
Where the animals are large and assistance is needed for the removal
thereof, the Animal Control Officer may request the assistance of
the Street Department.
6.
Keeping accurate records of impounding fees charged to and paid by
owners or other persons allowed to reclaim impounded animals.
7.
Informing the Police Department of the amount due from the owner
or person claiming the right to possess such impounded animals, which
fee shall be paid directly to the Police Department.
[R.O. 2006 §210.030; Ord. No. 1246, 9-7-1999]
A.
When
deemed necessary by Law Enforcement Officers or the Animal Control
Officer for the health, safety and welfare of the residents of the
City, such officers and/or their agents may:
1.
Place a humane trap on public or on requesting resident's property
for the purpose of capturing any animal defined in this Chapter as
creating a nuisance in the City;
2.
Use any tranquilizer guns, humane traps or other suitable devices
to subdue and capture any animal that is deemed by the Animal Control
Officer, in his/her discretion, to be of a danger to itself or to
the public health and safety;
[R.O. 2006 §210.040; Ord. No. 1246, 9-7-1999]
A.
The
Animal Control Officer or any Law Enforcement Officer shall have the
right of entry upon any private unenclosed lots or lands for the purpose
of collecting any animal whose presence thereupon is a violation of
this Chapter.
B.
It
shall be unlawful for any person to interfere with the Animal Control
Officer in the exercise of his/her duties.
[R.O. 2006 §210.050; Ord. No. 1246, 9-7-1999; Ord. No.
1480 §I, 4-15-2013]
A.
A municipal pound shall be established to carry out the provisions
of this Chapter. Such a pound may be operated by a contractor, and
all services required herein may be provided by a contractor. When
so contracted, the pound shall have the following services and facilities
as a minimum:
1.
Adequate pickup and impounding of all stray and ownerless dogs
and animals otherwise in violation of the provisions of this Chapter.
2.
Group holding facilities for stray, ownerless and unvaccinated
animals impounded for violation of the provisions of this Chapter.
3.
Individual isolation facilities for sick, biting, rabid and
suspected rabid animals.
4.
Facilities for the humane destruction of animals.
[R.O. 2006 §210.060; Ord. No. 1246, 9-7-1999]
A.
It
shall be unlawful for any unauthorized person to open, unlock, break
open or attempt to break open the pound, or to take or let out any
animal placed therein, or take or attempt to take from an authorized
officer of this City any animal taken up by him/her under the provisions
of this Chapter, or in any manner interfere with or hinder any authorized
officer or employee of this City in catching, taking up or impounding
any animal.
B.
It
shall be unlawful for any person or persons, other than those duly
authorized, to care for, feed, attempt to feed or interfere in any
way with the care of impounded animals.
[RSMo. §578.012]
A.
A person
is guilty of animal abuse when a person:
1.
Intentionally or purposely kills an animal in any manner not allowed
by or expressly exempted from the provisions of Sections 578.005 to
578.023 and 273.030, RSMo.;
2.
Purposely or intentionally causes injury or suffering to an animal;
or
3.
Having ownership or custody of an animal knowingly fails to provide
adequate care or adequate control.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
[RSMo. §578.009]
A.
A person
is guilty of animal neglect when he/she has custody or ownership or
both of an animal and fails to provide adequate care or adequate control
which results in substantial harm to the animal.
B.
A person
is guilty of animal abandonment when he/she has knowingly abandoned
an animal in any place without making provisions for its adequate
care.
C.
Animal
neglect or animal abandonment are ordinance violations. For a first
(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.
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.
[RSMo. §578.029]
A.
A person
commits the offense of knowingly releasing an animal if that person,
acting without the consent of the owner or custodian of an animal,
intentionally releases any animal that is lawfully confined for the
purpose of companionship or protection of persons or property or for
recreation, exhibition or educational purposes.
B.
As
used in this Section, "animal" means every living
creature, domesticated or wild, but not including Homo sapiens.
C.
The
provisions of this Section shall not apply to a public servant acting
in the course of such servant's official duties.
[RSMo. §578.173]
A.
Any
person who commits any of the following acts is guilty of a class
D felony:
1.
Baiting or fighting animals;
2.
Permitting baiting or animal fighting to be done on any premises
under his/her charge or control;
3.
Promoting, conducting, or staging a baiting or fight between two
(2) or more animals;
4.
Advertising a baiting or fight between two (2) or more animals;
5.
Collecting any admission fee for a baiting or fight between two (2)
or more animals.
B.
Any
person who commits any of the following acts is guilty of a class
A misdemeanor:
1.
Knowingly attending the baiting or fighting of animals;
2.
Knowingly selling, offering for sale, shipping, or transporting any
animal which has been bred or trained to bait or fight another animal;
3.
Owning or possessing any of the cockfighting implements, commonly
known as gaffs and slashers, or any other sharp implement designed
to be attached to the leg of a gamecock;
4.
Manufacturing, selling, bartering or exchanging any of the cockfighting
implements, commonly known as gaffs and slashers, or any other sharp
implement designed to be attached to the leg of a gamecock.
[RSMo. §578.025]
A.
Any
person who:
1.
Owns, possesses, keeps, or trains any dog, with the intent that such
dog shall be engaged in an exhibition of fighting with another dog;
2.
For amusement or gain, causes any dog to fight with another dog,
or causes any dogs to injure each other; or
3.
Permits any act as described in Subparagraph (1) or (2) of this Subsection
to be done on any premises under his/her charge or control, or aids
or abets any such act is guilty of a class D felony.
B.
Any person who is knowingly present, as a spectator, at any place, building, or structure where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in Subparagraph (2) of Subsection (A) of this Section, with the intent to be present at such exhibition, fighting, or injuring is guilty of a class A misdemeanor.
C.
Nothing
in this Section shall be construed to prohibit:
1.
The use of dogs in the management of livestock by the owner of such
livestock or his/her employees or agents or other persons in lawful
custody of such livestock;
2.
The use of dogs in hunting; or
3.
The training of dogs or the use of equipment in the training of dogs
for any purpose not prohibited by law.
[R.O. 2006 §210.090; Ord. No. 1246, 9-7-1999; Ord. No.
1454 §I, 4-18-2011]
A.
No
person shall keep a cow, bull, mule, jack, horse, sheep or goats in
a building, enclosure or pasture, the exterior of which is within
one hundred (100) feet of the dwelling house or place of another business
of another. No person shall keep more than one (1) such animal, unless
each such animal has access to at least twenty-one thousand seven
hundred eighty-nine (21,789) square feet of pen or enclosed area:
provided however, no additional enclosure space shall be required
for the keeping of suckling offspring of a cow, mare, mule, ewe, or
nanny. All fences used in keeping livestock are to be of woven (hog/square)
on the bottom portion with no more than the top two (2) strands of
barbed wire. Chickens or domestic fowl pens/enclosures shall be of
"chicken" (poultry netting or woven wire). Current livestock fences
that are in place at the time of passage of this Section are hereby
"grandfathered" in as acceptable, but if replaced, must be brought
to the requirements as set forth herein.
B.
Livestock
and chicken owners may be cited for noisy animals, animals running
at large and for animals living in unsanitary conditions. If a complaint
for noise, running at large or unsanitary conditions is lodged against
a property owner three (3) times or more in a calendar year, and the
owner be found guilty of said offenses, the property owner shall relinquish
his rights to have livestock, chickens or domestic fowl on his/her
property for one (1) calendar year following his third (3rd) conviction.
C.
If
a cat or dog is verified as killing a chicken or caught running or
harassing livestock, they shall be considered a dangerous or aggressive
animal.
[Ord. No. 1454 §I, 4-18-2011]
It shall be unlawful for any person being the owner or being
in charge or control of any swine to keep or harbor such swine within
the City limits.
[Ord. No. 1454 §I, 4-18-2011]
No person owning any livestock as defined in the Chapter shall
allow such livestock to run at large, except in the enclosure controlled
by such person. All fees incurred by the City in "rounding up" or
restraining any livestock running at large shall be taxed to the owner
or possessor or both.
[Ord. No. 1454 §I, 4-18-2011]
A.
No
person shall keep chickens or other domestic fowl in any pen having
less than one hundred forty-four (144) square feet (12 x 12 feet)
or the exterior boundary of which is less than fifty (50) feet from
the dwelling of another, a church, a school or a place of another
business.
B.
No
more than twelve (12) chickens or domestic fowl may be kept on any
property in the City limits. Only twelve (12) chickens or domestic
fowl may be kept on a single contiguous property regardless of how
many pieces of property are owned by said individual or otherwise
allowed. In no case may more than twelve (12) chickens be kept in
an area of less than one (1) square acre.
C.
Only
female chickens or domestic fowl may be kept in the City limits. Roosters
are specifically prohibited.
D.
Chickens
or domestic fowl that are found to be sick or with parasites are to
be removed from City limits or destroyed immediately.
E.
All
chickens or domestic fowl shall be provided ample food and water.
If the owner or possessor does not provide adequate food, water, shelter
or adequate space, said fowl may be seized and the owner or possessor
shall forfeit his right to possess chickens or domestic fowl for one
(1) calendar year.
F.
Manure
produced by chickens or domestic fowl shall be removed as soon as
possible. Only three (3) cubic feet of manure can be stored by any
property owner at any time. If a property owner violates this provision,
he shall forfeit his right to own chickens or domestic fowl inside
the City limits for one (1) calendar year.
[Ord. No. 1454 §I, 4-18-2011]
No person shall keep or allow or permit to be kept on any premises
occupied by him, or under his charge or control, any animal or fowl
in a pen or other enclosure under such conditions that an offensive
or noxious smell or odor shall arise therefrom, to the injury, annoyance
or inconvenience of any inhabitant of the neighborhood or City.
[Ord. No. 1454 §I, 4-18-2011; Ord. No. 1492 § II, 8-20-2015]
Fines for livestock owners found guilty of the above shall be:
One hundred dollars ($100.00) for the first (1st) offense. Two hundred
dollars ($200.00) for the second (2nd) offense. And three hundred
dollars ($300.00) for the third (3rd) offense and additionally a person
convicted of a third (3rd) offense shall have his or her right to
keep or maintain livestock within City revoked for one (1) year.
[R.O. 2006 §210.100; Ord. No. 1246, 9-7-1999]
It shall be unlawful for any person to use, place, set out or
deploy any animal trap above ground, which makes use of a spring gun,
spring jaws, clamping devices, cutting or stabbing mechanism or any
other devices that will damage or severely injure any animal when
caught or trapped by the device or trap; except that nothing herein
contained shall prohibit the use of animal traps that are so designed
to trap and hold animals without injuring the animals.
[R.O. 2006 §210.110; Ord. No. 1246, 9-7-1999]
A.
It
shall be unlawful for the owner of any animal to keep or maintain
such animal in the City so as to constitute a nuisance. For the purpose
of this Section, "nuisance" is defined as any animal
which:
1.
Molests or interferes with persons in the public right-of-way.
2.
Attacks or injures persons or other domestic animals.
3.
Damages public or private property other than that of its owner or
harborer by its activities or with its excrement.
4.
Scatters refuse that is bagged or otherwise contained.
5.
Causes any condition which threatens or endangers the health or well-being
of persons or other animals.
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If a summons is issued charging violation of this provision,
a subpoena shall also be issued to the complainant to testify to the
nuisance under oath.
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[Ord. No. 1487 §I, 9-12-2013]
A.
It shall be unlawful and a public nuisance for any person(s) residing
in one (1) household having the right of property or custody of to
own, keep or harbor more than four (4) canines (dogs) over the age
of three (3) months to remain on or about any premises located within
the City limits of Willow Springs. The maximum limits are per household
and the presence of multiple owners in the household shall not increase
them. A service or guide dog shall be counted in the maximum number
of dogs that may be kept or harbored in the City of Willow Springs
by any owner or keeper thereof.
B.
When animals in excess of the limit established in Subsection (A) of this Section are found at a residence, all of the animals found at the residence may be removed to the City dog pound and handled as stray animals, except that the person in charge of the residence may designate and retain up to four (4) animals.
C.
Any and all non-conforming uses must be corrected so as to be in
compliance herewith within three (3) months of the effective date
of this Section.
[R.O. 2006 §210.120; Ord. No. 1246, 9-7-1999]
The keeping or harboring of any animal which by loud, frequent
and habitual barking, howling, yelping, mewing, roaring or screeching
shall disturb the peace of any neighborhood is hereby prohibited.
It shall be the duty of any person harboring or keeping such loud
or noisy animal or animals to abate the condition, and if he/she fails
to do so, the City may abate it by taking up, impounding and/or disposing
of the animal at the expense of the owner.
[R.O. 2006 §210.130; Ord. No. 1246, 9-7-1999]
A.
It
shall be unlawful for any person to keep or maintain any animal in
any yard, structure or area that is not clean, dry and sanitary, free
from debris and offensive odors that annoy any neighbor, and devoid
of rodents and vermin.
B.
Excrement
shall be removed at least once daily from any animal shelter, pen
or yard area where animals are kept, or more often if necessary to
prevent or control odors, fly breeding or rodent infestation. If excrement
is stored on the premises by any animal owner, it shall be stored
in adequate containers with fly-tight lids, and all such stored or
accumulated wastes shall be disposed of at least once each week.
C.
All
animal shelters, pens and yards shall be so located that adequate
drainage is obtained, normal drying occurs and standing water is not
present.
D.
All
animal shelters and board fences confining animals shall be maintained
in good repair, and all animal shelters and board fences confining
animals subject to residential and commercial classification shall
be protected from deterioration by painting or comparable treatment.
E.
Barbed
wire fences and electrically charged fences shall not be permitted
for animal confines except on properties for which an agricultural
classification permit is held or where the barbed wire fence or electrically
charge fence is protected by an exterior fence.
F.
All
premises on which animals are kept shall be subject to inspection
by the Animal Control Officer, duly authorized Law Enforcement Officer
or Public Health Official. If the officer or official determines from
such inspection that the premises are not being maintained in a clean
and sanitary manner, he/she shall notify the owner of the animals
in writing to correct the sanitation deficiencies within twenty-four
(24) hours after notice is served on the owner. Any animal kept under
any condition which could endanger the public or animal health or
create a health nuisance may be impounded. Animals shall be released
after fees are paid and cause for impoundment has been corrected.
[R.O. 2006 §210.140; Ord. No. 1246, 9-7-1999]
A.
Animal
shelters owned or operated as a stockyard or commercial holding pen
shall be adequately maintained and cleaned as often as is necessary,
as determined by the Health Officer, to control fly breeding or to
control other conditions adversely affecting the public health including
the following:
1.
Collected fecal material and other solid organic waste shall be disposed
of at a sanitary landfill, fertilizer processing plant, or by proper
dispersal on land used for agricultural purposes.
2.
Grain or protein feed shall be stored in tightly covered rodent-proof
metal contains or rodent-proof bins.
3.
Premises subject to the terms of this Section shall be maintained free of rodent harborage and in accordance with Section 205.130 of this Chapter.
4.
Wherever reasonable, use shall be made of anticoagulant rodenticides
for the control of rodents and organo-phosphorus insecticides for
the control of files or any other effective chemical means for the
control of rodents and flies.
5.
Wherever reasonable, use shall be made of soil sterilants and herbicides
or other effective means for the control of weeds and grass around
structures and buildings.
6.
Enclosures including fences where animals such as horses, cows, sheep
and goats are maintained shall be constructed in a manner, using dimension
lumber materials, or other effective means to prevent such animals
from breaking out or causing hazard to persons or property.
7.
The solid wastes accumulated from the cleaning of animal shelters
and holding pens maintained by persons subject to a residential classification
permit as herein provided shall be stored in metal containers, with
tight-fitting metal lids, and all such stored or accumulated wastes
shall be disposed of at least once each week.
8.
Holding lots, pens and floors of sheds and buildings where animals
are held and which are maintained by persons subject to a commercial,
industrial or agricultural classification permit according to the
terms of this Chapter shall be surfaced with concrete or asphaltic
materials and that the drainage system of such surfaced areas shall
include proper retaining walls and traps to control the waste from
draining into watercourses and such drainage system shall be subject
to the approval of the Health Officer. The Health Officer shall waive
this standard for domestic animal holding operations where such animal
holding is no longer than twenty-four (24) hours for any domestic
animal involved or where dirt lots are more appropriate to the proper
care of cattle, horses or sheep.
9.
Solid wastes accumulated from the cleaning of animal shelters and
holding pens maintained by persons subject to a commercial, industrial
or agricultural permit according to the terms of this Chapter shall
be stored on concrete slabs or other facilities, such as dirt lots
on which is stockpiled manure with an exposed perimeter as approved
by the Health Officer, provided that all solid waste shall be properly
disposed of at least once each week or as may be approved by the Health
Officer.
[R.O. 2006 §210.150; Ord. No. 1246, 9-7-1999]
All dead animals shall be disposed of by the owner or keepers
within twenty-four (24) hours of the animal's death, by burial, incineration
in a facility approved by the Animal Control Officer, by rendering
or by other lawful means approved by the Animal Control Officer. No
dead animal shall be dumped on any public or private property.
[R.O. 2006 §210.160; Ord. No. 1246, 9-7-1999]
A.
Prohibited. It shall be unlawful for any person to keep,
possess or harbor a vicious animal within the City. Impoundment of
animals whose owners have been cited for violation of this Section
shall be at the discretion of the Animal Control Officer. If the animal
presents a clear and present danger to the public health or safety,
it shall be the duty of the Animal Control Officer or his/her agent
to impound such animal.
B.
Defined. For purposes of this Chapter, a vicious animal
shall include:
1.
Any animal with a known propensity, tendency or disposition to attack
unprovoked, to cause injury or to otherwise endanger the safety of
human beings or domestic animals;
2.
Any animal which attacks a human being or domestic animal without
provocation;
3.
Any animal owned or harbored primarily or in part for the purpose
of fighting or any animal trained for fighting;
4.
Any animal which is urged by its owner or harborer to attack, or
whose owner or harborer threatens to provoke such animal to attack,
any Law Enforcement Officer while such officer is engaged in the performance
of official duty.
C.
Complaint. Whenever a sworn complaint is filed in the Municipal
Court against the owner of an animal alleging that such animal is
vicious and in violation of this Section, the Municipal Judge shall
hold a hearing to determine whether or not the animal is vicious within
the meaning of this Section and thereby in violation of this Section.
The owner of the animal shall be notified in writing of the time and
place of the hearing at least one (1) week prior to the hearing. In
making a determination, the Municipal Judge shall consider the following:
1.
The seriousness of the attack or bite;
2.
Past history of attacks or bites;
3.
Likelihood of attacks or bites in the future;
4.
The condition and circumstances under which the animal is kept or
confined;
5.
Other factors which may reasonably relate to the determination of
whether or not the animal is vicious.
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The Municipal Judge shall order the impoundment, the muzzling in accordance with Subsection (D) and/or the confinement of the animal accused of being in violation of this Section in a manner and location that will insure that it is no threat to persons or other animals pending the outcome of the hearing. If such impoundment, muzzling or otherwise safe confinement is not possible or if prior court orders to restrain such animal have gone unheeded, the Municipal Judge may order the animal immediately destroyed.
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D.
Vicious Dogs To Be Muzzled. It shall be the duty of every
owner, keeper or harborer of any dog in the City, which dog is vicious
or has been known to bite, chase or run after any person or animal
in the streets, alleys or any public place in the City, to keep the
same muzzled with a good and sufficient wire or leather muzzle, securely
fastened so as to wholly prevent such dog from biting any animal or
person until such time as a determination has been made by the court
as to whether the dog is vicious or not. Any person owning, keeping
or harboring any dog within the City limits contrary to this Section
shall be guilty of a violation of this Code.
E.
Immediate Destruction. Nothing in this Chapter shall be
construed to prevent the Animal Control Officer or any Law Enforcement
Officer from taking whatever action is reasonably necessary to protect
himself/herself or members of the public from injury or danger, including
immediate destruction of any vicious animal without notice to the
owner.
F.
Release Of. If a complaint has been filed in the Municipal
Court against the owner of an impounded animal for a charge under
this Section, the animal shall not be released except on the order
of the Municipal Judge, who may also direct the owner to pay all impounding
fees in addition to any penalties for violation of this Chapter. The
Municipal Judge may, upon making a finding that an animal is vicious
or that it represents a clear and present danger to the citizens or
to other animals in the community, order the animal to be destroyed
in a humane manner by the animal shelter. Surrender of an animal by
the owner thereof to the Animal Control Officer does not relieve or
render the owner immune from the decision of the court, nor to the
fees and fines which may result from a violation of this Section.
[R.O. 2006 §210.170; Ord. No. 1246, 9-7-1999]
A.
It shall be unlawful for any person to willfully allow any animal or fowl under his/her control to be or to run at large within the City. Any animal or fowl found at large shall be impounded as provided in Section 205.300.
B.
If
a dog or cat returns to the property of its owner or keeper, before
capture, the Animal Control Officer shall issue a written warning
to the owner and on the second (2nd) occasion shall file charges against
the owner either on a basis of a signed complaint by a neighbor or
upon the personal observation of the dog or cat running at large by
the Animal Control Officer.
[R.O. 2006 §210.190; Ord. No. 1246, 9-7-1999]
At any time before the sale or destruction of any animal impounded under the provisions of this Article, except for animals impounded under Sections 205.160 (vicious) and 205.190 (rabid), the owner thereof may redeem the animal by paying the Municipal Court Clerk or any person in charge, the impounding fee and all costs incurred as a result of such impoundment.
[R.O. 2006 §210.200; Ord. No. 1246, 9-7-1999]
A.
Any
Law Enforcement Officer or local Health Officer may take up, upon
private or public property, any animal which has bitten or scratched
a person or other animal and impound the animal in the City Pound,
securely penned and separated from other animals, or in a veterinary
hospital or animal care facility for a period of not more than ten
(10) days during which time the local Health Officer shall determine
whether or not such animal is suffering from a disease and, if not,
the local Health Officer shall authorize the release of the animal
upon payment by the owner of the boarding fee therefore. The Health
Officer may authorize the keeping of any such animal on the owner's
premises if the owner produces a rabies vaccination certificate showing
that the animal has valid rabies vaccination protection. Impoundment
costs shall be borne by the owner. If in the opinion of the local
Health Officer symptoms develop justifying a microscopic examination,
then the animal shall be killed and examination made by the State
Board of Health.
B.
In lieu of the provisions of Subsection (A), the owner of any such animal may, at his/her own expense, take such animal to any duly qualified and licensed veterinarian in the City for observation. Such veterinarian shall report his/her findings in writing to the local Health Officer. If in the opinion of such veterinarian a microscopic examination is justified, then the animal shall be turned over to the Animal Control Officer or any Law Enforcement Officer to be killed and examination made by the State Board of Health.
C.
Any
animal desired for observation by the local Health Officer under this
Section shall be delivered to the Animal Control Officer or any Law
Enforcement Officer upon demand and shall not be withheld, hidden
or harbored. Any person violating this provision shall be guilty of
a violation of this Code. Upon refusal of any person to so deliver
such animal, the Municipal Judge shall cause a warrant to be issued
for the arrest of such person, which warrant shall also provide for
the surrender of the animal and shall be lawful authority for the
apprehending and forcible taking of such animal.
[R.O. 2006 §210.210; Ord. No. 1246, 9-7-1999]
A.
Whenever
a dog, cat or other animal is bitten by a rabid animal or an animal
later proved to have been rabid, it shall be the duty of the owner
of the animal that is bitten, to report that fact to the local Health
Officer and/or Police Department. It shall also be the duty of the
owner of the bitten animal to either destroy or have his/her bitten
animal destroyed unless:
1.
The animal which was bitten had been vaccinated against rabies at
least three (3) weeks before being bitten and has a current vaccination;
2.
If the bitten animal has a current vaccination, it shall be confined
for ninety (90) days;
3.
The bitten animal shall be released from confinement only upon written
order from the local Health Officer, who declares the animal to be
free of rabies; and
4.
If the animal is found to have contracted rabies during confinement,
it shall be properly disposed of.
[R.O. 2006 §210.220; Ord. No. 1246, 9-7-1999]
Any person who as the operator of a motor vehicle strikes any
animal shall stop at once and shall immediately report such injury
or death to the owner of such animal, or in the event that the owner
cannot be ascertained and located, the operator shall at once report
the accident to the Animal Control Officer or any Law Enforcement
Officer.
[R.O. 2006 §210.230; Ord. No. 1246, 9-7-1999]
The Mayor is hereby authorized whenever in his/her opinion the
danger to the public safety from rabid animals is made imminent to
issue a proclamation ordering all persons owning any animal in the
City to confine the animal in a good and sufficient enclosure from
which the animal cannot escape, or fasten such animal by means of
a chain on the premises where the owner may reside, for such time
as may be specified in such proclamation. Any animal not confined
during such time may be disposed of wherever found by any Police Officer
or the Animal Control Officer of the City. The owner of such animal
shall be prosecuted for such violation thereof.
[R.O. 2006 §210.240; Ord. No. 1246, 9-7-1999]
No person shall own, operate or maintain a dog kennel within
the corporate limits of the City.
