City of Jonesburg, MO
Montgomery County
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Table of Contents
Table of Contents
[R.O. 1994 §205.010; Ord. No. 71 §2, 5-17-1979; Ord. No. 197 §1, 7-9-1997; Ord. No. 225, 7-7-2003]
As used in this Chapter, the following words shall mean:
AFFECTED WITH RABIES
Infected with the rabies virus as determined by standard laboratory testing.
CAT
A cat of either sex if over the age of four (4) months.
DOGS
Includes both male and female dogs over six (6) months old, except as otherwise herein specifically mentioned.
DOGS RUNNING AT LARGE
Any dog not securely confined to the owner's property by means of a leash, chain, fence, etc., shall be deemed at large.
EXPOSED TO RABIES
When bitten by, or fought with, or has come in close contact with, a dog or other animal shown to be infected with the rabies virus as determined by standard laboratory testing.
RABIES
Hydrophobia.
[R.O. 1994 §205.020; Ord. No. 71 §3, 5-17-1979; Ord. No. 197 §4, 7-9-1997]
Every resident person who owns, controls, manages, possesses or has part interest in any dog or cat kept any time during the year or who permits a dog or cat to come upon, or in, and remain in or about his/her home, place of business or other premises in this City, shall have such dog or cat inoculated against rabies at least once each year, provided that such inoculation requirement shall not apply to dogs or cats less than six (6) months of age. Any person violating this provision shall be deemed guilty of an ordinance violation.
[R.O. 1994 §205.025; Ord. No. 225, 7-7-2003]
It shall be unlawful for any person who is the owner, in possession of or has the custody or control over, in whole or in part, of any dog to permit that dog to run at large.
[R.O. 1994 §205.030; Ord. No. 71 §4, 5-17-1979; Ord. No. 197 §4, 7-9-1997]
A. 
It shall be unlawful for any person who is the owner of, in possession of, or has the custody or control over, in whole or in part, any dog or cat to neglect, fail or refuse to obtain a license tag from the City as provided by this Chapter. Such license tag will be securely fastened by means of a collar or harness of substantial make about the neck of the dog or cat and shall be worn at all times. Dog or cat licenses shall be issued annually by the City Collector upon payment of a license fee of fifty cents ($0.50) for each male or spayed female, and one dollar ($1.00) for each unspayed female. The owner shall state, and the City Collector shall record, in a book kept for such purpose, at the time application is made for such license, his/her name and address, and the name, breed, color and sex of each dog or cat owned or kept by him/her.
B. 
The provisions of this Section shall not be intended to apply to dogs or cats whose owners are non-residents temporarily within the corporate limits of the City of Jonesburg, Missouri, nor shall this Section be construed to apply to dogs or cats brought into the City for the purpose of participating in any dog or cat show, nor to Seeing Eye dogs properly trained to assist blind persons when such dogs are actually being used by blind persons for the purpose of aiding them in going from place to place.
[R.O. 1994 §205.040; Ord. No. 71 §5, 5-17-1979]
The said licensing provided for in Section 205.030 of this Chapter shall be due within forty-five (45) days after the passage and approval of this Chapter, May 17, 1979, and said licenses shall expire on June 30, 1979, and on the same day of each succeeding year.
[R.O. 1994 §205.050; Ord. No. 71 §6, 5-17-1979; Ord. No. 197 §4, 7-9-1997]
Upon payment of the license fee, the City Collector shall issue to the owner a license certificate and a metallic tag for each dog or cat so licensed. The tag herein provided for shall have stamped thereon the year for which it was issued and the number on the certificate. In the event that a dog or cat tag is lost or destroyed, a duplicate shall be issued by the City Collector of the City of Jonesburg, Missouri, upon presentation of a receipt showing the payment of the license fee for the current year, and the payment of a fee of one dollar and twenty-five cents ($1.25) for each such duplicate. Dog or cat tags shall not be transferable from one dog or cat to another, and no refunds shall be made on any dog or cat license on account of the death of any such dog or cat, nor shall any refund be made on any dog or cat license fee by reason of the fact that the owner of such dog or cat shall have left the City of Jonesburg, Missouri, prior to the expiration of the license period.
[R.O. 1994 §205.060; Ord. No. 71 §7, 5-17-1979; Ord. No. 197 §2, 7-9-1997]
All female dogs and cats shall be kept securely confined in an enclosed place while in heat.
[R.O. 1994 §205.070; Ord. No. 71 §8, 5-17-1979; Ord. No. 197 §4, 7-9-1997]
A. 
Duly constituted agents and servants of the City of Jonesburg, Missouri, shall have the power to take or have taken and have impounded all dogs, cats and other animals as follows:
1. 
All dogs or cats running at large, whether licensed or unlicensed;
2. 
All female dogs or cats, licensed or unlicensed, not securely confined in an enclosed place while in heat;
3. 
All dogs, cats and other animals affected with rabies, whether such dog, cat or other animal is running at large or on a leash and whether licensed or unlicensed;
4. 
All dogs, cats and other animals on examination by any licensed veterinarian suspected to be exposed to or affected with rabies, including dogs, cats or other animals known to have been bitten by a rabid animal, whether such dog, cat or other animal is running at large or on a leash and whether licensed or unlicensed.
[R.O. 1994 §205.080; Ord. No. 71 §9, 5-17-1979; Ord. No. 197 §4, 7-9-1997; Ord. No. 198 §1, 7-9-1997]
A. 
An unlicensed dog, cat or other animal captured and impounded under the provisions of this Chapter and determined not to be affected with rabies by a licensed veterinarian may be redeemed to the custody of the owner or other person having the right of possession of such animal as follows:
1. 
Such animal must be inoculated and a license obtained;
2. 
A release must be obtained from the City Collector by payment of the sum of:
a. 
Ten dollars ($10.00) for the first release;
b. 
Twenty dollars ($20.00) for the second release;
c. 
Thirty dollars ($30.00) for the third or subsequent release.
Such release must then be presented at the place of impoundment. A release shall be counted on a per-animal basis.
3. 
A licensed dog or cat captured and impounded under the provisions of this Chapter and determined not to be affected with rabies by a licensed veterinarian may be redeemed to the custody of the owner or to other persons having the right of possession of such animal by presenting to the person in charge of the dog or cat pound a release obtained from the City Collector and a City license for such dog or cat, or receipt therefor, upon payment of kenneling fees for the expense of keeping said dog or cat for each day it was impounded.
4. 
Except for those dogs or cats taken into custody by the City for quarantine per Section 205.100, redemption privileges are revoked unless done within five (5) days after impounding.
[R.O. 1994 §205.090; Ord. No. 71 §10, 5-17-1979; Ord. No. 197 §4, 7-9-1997]
Except those dogs or cats taken into custody by the City for quarantine per Section 205.100, each dog, cat or other animal impounded and not claimed by its owner or keeper within seven (7) days shall be disposed of.
[R.O. 1994 §205.100; Ord. No. 71 §12, 5-17-1979; Ord. No. 197 §§3 — 4, 7-9-1997]
Owners or keeper of a dog(s) or cat(s) which have bitten a person or which acts in a suspicious manner suggesting rabies, or is viciously inclined, either outside or within his/her respective family, either on the public street or any private property, shall, upon receipt of written notice from the City, impound and quarantine the dog(s) or cat(s) for a period of ten (10) days for rabies observation; and the dog(s) or cat(s) so impounded shall be kept in such manner that neither human beings nor animals can be bitten during such period of observation. In the event the owner has no facilities for quarantining, the dog or cat shall be taken into custody by the City and kenneling fees as provided for in Section 205.080 shall apply.
[R.O. 1994 §205.110; Ord. No. 71 §13, 5-17-1979]
It shall be unlawful for any person to conceal an animal or animals or interfere with a licensed veterinarian or other persons designated by the City in the performance of legal duties as provided in this Chapter.
[R.O. 1994 §205.120; Ord. No. 71 §14, 5-17-1979; Ord. No. 197 §4, 7-9-1997]
Any duly appointed officer or other representative of the City of Jonesburg, Missouri, shall have the right of entry to any property or premises within any quarantined area during the period of such quarantine for the purpose of examining or obtaining any dog, cat or other animal suspected of having rabies, or having been exposed to rabies.
[R.O. 1994 §205.180; Ord. No. 225, 7-7-2003]
A. 
Any person violating any provision of this Article shall upon conviction be guilty of an ordinance violation punishable by a fine not exceeding five hundred dollars ($500.00).
B. 
Each day that a violation of this Article continues shall be deemed a separate offense.
C. 
In addition to the foregoing penalties, any person who violates this Article shall pay all expenses, including shelter, food, handling, veterinarian care and any other expenses necessitated by the enforcement of this Article.
[R.O. 1994 §205.130]
As used in this Article, the following words shall be construed to have the meanings set forth below:
DANGEROUS DOG
Includes any and all of the following:
1. 
Any dog with a propensity, tendency or disposition to attack without provocation, to cause injury, or otherwise to threaten the safety of humans or domestic animals, and which propensity, tendency or disposition is known or reasonably should be known to its owner, keeper or harborer; or
2. 
Any dog which without provocation chases or approaches a person upon City streets, sidewalks or public property, or upon private property other than the property of the owner of said dog, in a menacing fashion or with apparent intent to attack; or
3. 
Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; or
4. 
Any dog which without provocation has previously bitten or inflicted physical injury on a human being or a domestic animal, and that dog bites any person on a subsequent occasion, or which has killed a domestic animal without provocation while said dog was off the owner's property.
5. 
Notwithstanding any provision of Sections 273.033 and 273.036, RSMo., Section 578.022, RSMo., and Section 578.024, RSMo., to the contrary, if a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner or possessor is not guilty of any crime specified under Section 578.024 or 273.036, RSMo., and is not civilly liable under Section 578.024 or 273.036, RSMo., nor shall such dog be destroyed as provided in Subsection (3) of Section 578.024, RSMo., nor shall such person engaged in or attempting to engage in a criminal activity at the time of the attack be entitled to the defenses set forth in Section 273.033, RSMo. For purposes of this Subsection, "criminal activity" shall not include the act of trespass upon private property under Section 569.150, RSMo., as long as the trespasser does not otherwise engage in, attempt to engage in, or have intent to engage in other criminal activity, nor shall it include any trespass upon private property by a person under the age of twelve (12) under Section 569.140, RSMo.
HARBORER
Any person, partnership or corporation who or which feeds or shelters a dog for three (3) consecutive days or more.
KEEPER
Any person, partnership or corporation who or which has possession of a dog.
OWNER
Any person, partnership or corporation who or which owns, keeps or harbors a dog. If the owner is a minor, the term "owner" shall include the parent or legal guardian of such minor.
VICIOUS DOG
Any dog which, because of conditioning, training, or genetic breeding, has a propensity, tendency or disposition to attack, bite or injure human beings or domestic animals and which propensity, tendency or disposition is known or reasonably should be known to the owner, keeper or harborer of the dog.
[R.O. 1994 §205.140]
A. 
It shall be unlawful to own, keep, harbor or in any way possess within the City limits of Jonesburg, Missouri, any dangerous dog or vicious dog.
B. 
It shall be unlawful to keep, harbor, own or in any way possess within the City limits of Jonesburg, Missouri, any warm-blooded, carnivorous or omnivorous, wild or exotic animals (including but not limited to non-human primates, raccoons, skunks, foxes or wild and exotic cats).
[R.O. 1994 §205.160]
A. 
Any dangerous dog or vicious dog found within the City limits of Jonesburg, Missouri, hereby is declared to be a public nuisance and a threat to the well-being and safety of City residents and their property. The Jonesburg Police Department hereby is authorized and directed to abate any such public nuisance upon the following conditions:
1. 
A verified written complaint is filed with the Police Department by any person particularly stating the date, place and facts involved in the violation.
2. 
Upon investigation, any officer of the Jonesburg Police Department or the duly appointed Animal Control Officer finds that said violation has occurred.
3. 
An order is issued by an officer of the Police Department to the owner, keeper or harborer of said dog to abate the nuisance immediately which shall specify the violation and what must be done to comply with the regulations.
B. 
In the event the owner, keeper or harborer of such dog cannot reasonably be ascertained or found so as to serve an abatement order upon said person, or in the event the owner, keeper or harborer of such animal shall fail or refuse to abate said nuisance within twenty-four (24) hours after the order of abatement is served upon him/her, then the Jonesburg Police Department hereby is authorized and directed to abate the nuisance by seizing and impounding said dog.
C. 
If the owner, keeper or harborer of such dog cannot be ascertained or found within seven (7) days after said dog has been seized and impounded, or if the owner, keeper or harborer of such dog fails or refuses to completely and fully comply with the abatement order and abate said nuisance within seven (7) days after said dog is seized and impounded, then the Jonesburg Police Department hereby is authorized and directed to destroy the animal or cause its removal from the City limits of Jonesburg, Missouri, in such a manner as to prevent said animal from being at large and becoming a threat to human beings and other animals.
D. 
The owner or possessor of the dog that has been impounded may file a written appeal to the Circuit Court to contest the impoundment and destruction of such dog. The owner or possessor shall provide notice of the filing of the appeal to the animal control authority or County Sheriff who seized the dog. If the owner or possessor files such an appeal and provides proper notice, the dog shall remain impounded and shall not be destroyed while such appeal is pending and until the Court issues an order for the destruction of the dog. The Court shall hold a disposition hearing within thirty (30) days of the filing of the appeal to determine whether such dog shall be humanely destroyed. The Court may order the owner or possessor of the dog to pay the costs associated with the animal's keeping and care during the pending appeal.
[R.O. 1994 §205.170]
A. 
Any person, partnership or corporation who shall violate or permit the violation of any provision of this Article shall be guilty of an ordinance violation and, upon conviction, be fined a sum not less than one dollar ($1.00) nor more than five hundred dollars ($500.00). In addition, the court may sentence the defendant to imprisonment for a period not to exceed thirty (30) days. Furthermore, the court may order the dog removed from the City limits. In the event the defendant refuses to remove the dog from the City pursuant to such court order, the Municipal Court may find the defendant owner in contempt and order the immediate confiscation and impoundment of the subject animal and its removal from the City limits.
B. 
Each day that a violation of this Article continues shall be deemed a separate offense.
C. 
In addition to the foregoing penalties, any person who violates this Article shall pay all expenses, including shelter, food, handling, veterinarian care and any other expenses necessitated by the enforcement of this Article.