[Ord. No. 2022-1397, 6-6-2022[1]]
The Title of this Code is the "Animal Code" and may be cited
as such and will be referred to in this Chapter as the "code."
[Ord. No. 2022-1397, 6-6-2022]
A.
The purpose of this code is to protect the public health, safety
and welfare of the animals and citizens of Carrollton. These general
objectives, include, among others, the following specific purposes:
1.
To protect persons from dangerous animals.
2.
To minimize safety hazards and ensure that the public health
and welfare will be safeguarded.
3.
To protect the character of residential and commercial areas.
4.
To provide mechanisms for the enforcement and administration
of the code to ensure that the above purposes are accomplished.
5.
To ensure adequate care for animals.
6.
To preserve the value of the property throughout the Town.
[Ord. No. 2022-1397, 6-6-2022]
Every person owning an animal/pet shall conform to the requirements
of this code, irrespective of when such animal/pet was acquired.
[Ord. No. 2022-1397, 6-6-2022]
A.
In any case where a provision of this code is found to be in conflict
with a provision of any other ordinance or other legislation of the
Town existing on the effective date of this code, the provision which
establishes the higher standard for the promotion and protection of
the safety and health of the people shall prevail.
B.
If any Section, Subsection, sentence, clause, phrase or portion of
this Chapter is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed
separate, distinct and independent, and such holding shall not affect
the validity of the remaining portions thereof.
[Ord. No. 2022-1397, 6-6-2022]
As used in this Chapter, the following terms shall have the
meanings indicated:
Knowingly depriving an animal of food, water, shelter, socialization,
or veterinary care, or maliciously torturing, maiming, mutilating,
or killing an animal.
Domestic fowl kept in full conformity with this Article and
traditional household pets such as dogs, cats, caged birds such as
parrots, parakeets, doves and similar birds routinely bred for captivity
and close human contact, small caged animals such as hamsters, rabbits,
guineas, and similar small animals routinely bred for captivity and
close human contact, and aquarium animals.
Chickens, ducks, geese, turkeys
An animal that lives in the wild but is descended from domesticated
individuals.
Any barrier consisting of posts, wire, boards or electronic
means used to prevent entry to property or confine animals to the
owner's property. (Must comply with fencing regulations, Section 405.113.)
To take into custody any animal, for confinement purposes.
Any person who shall allow any animal to habitually remain
or to lodge or to be fed within his/her home, property, yard, enclosure
or other place, shall be deemed and considered as keeping and harboring
said animal within the meaning of this code.
A rope or similar material used to control an animal by attaching
it to a collar, harness or halter.
Horses, mules, sheep, goats, cattle, swine and other domesticated
animals, but excluding dogs and cats.
To disturb, bark at in a threatening manner or interfere
with the safety or property of another person.
The person having the right of property or custody of an
animal; or who keeps or harbors an animal; or who has an animal in
his/her care or possession; or who knowingly permits an animal to
remain in or about any premises occupied by or under the control of
that person.
Any animal kept for pleasure rather than utility.
An instrument or a means of restraining an animal either
by electronic means, fence or leash to which the animal immediately
responds.
Designed object issued by the Town of Carrollton showing
year and registration number.
Occurring without motivation or provocation.
Any animal which can normally be found living in a state
of nature and not ordinarily tame or domesticated, including, but
not limited to, a non-human primate, raccoon, skunk, fox, wolf, lion,
leopard or snake.
All wild birds, mammals, fish and other aquatic and amphibious
forms, and all other wild animals, regardless of classification, whether
resident, migratory or imported, protected or unprotected.
[Ord. No. 2022-1397, 6-6-2022]
It shall be unlawful for any person to own, keep or harbor any
dog over six (6) months of age within the corporate limits of the
Town of Carrollton without registering such dog and paying a yearly
license tax thereon as hereinafter provided.
[Ord. No. 2022-1397, 6-6-2022]
The license fee hereinbefore provided shall be for the Town's
fiscal year and shall become due on June thirtieth (30th) and each
June thirtieth (30th) thereafter until such time as the dog is no
longer in possession of the owner. When application that should have
been made by June thirtieth (30th) is not made until after July first
(1st), the appropriate license fee shall be increased by fifty percent
(50%). Provided, that the applicant who became the owner of the dog
has moved into the Town after June thirtieth (30th), the license tax
may be prorated to the nearest quarter and the penalty for delinquency
shall be added thirty (30) days after the date when the license should
have been procured.
[Ord. No. 2022-1397, 6-6-2022]
A.
Any person, firm or corporation owning, keeping or harboring any
dog over the age of six (6) months within the corporate limits of
Carrollton shall pay an annual license registration fee as listed
in the Schedule of Fees and Charges maintained in the Town Administrator's
office and adopted annually by the Town Council. Provided, that the
owner registering and paying the registration fee for a spayed/neutered
dog shall at the time of registration and payment of said fee present
to the Town a certificate from a licensed veterinarian showing that
such dog has been spayed/neutered and a certificate from a licensed
veterinarian showing that the animal has been vaccinated. Dogs used
for the purpose of assisting handicapped persons (e.g., seeing eye
dogs) and governmental Police dogs are exempt from the annual license
registration fee imposed by this Section.
B.
Upon receipt of the license fee the Town will keep in a record the
registration and the amount paid therefore and shall deliver to the
owner of such dog a receipt, stating that such person has registered
such dog and the number of which he/she is registered, and shall also
deliver to the owner of such dog a metallic tag with the letters and/or
registration number marked or stamped thereon; which shall be by the
owner attached to the collar to be used on said dog so registered.
1.
Lost Tags. When it shall be made to appear to the Police or
Animal Control Officer that any tag has become lost, he/she shall,
upon presentation of the certificate, issue another tag for a fee
listed in the Schedule of Fees and Charges maintained in the Town
Administrator's office and adopted annually by the Council.
2.
Dog Tags — Removal Of. It shall be unlawful for any person
to take off or remove the Town license tag from any dog belonging
to another or to remove the strap or collars on which the same is
fastened.
[Ord. No. 2022-1397, 6-6-2022]
A.
Any person making application for license for a dog shall be required
to present to the Town at the time of making such application a certificate
issued by a licensed veterinarian only showing that such dog has been
vaccinated with a recognized anti-rabies vaccine. This includes a
certificate of vaccination that has been executed during the previous
thirty-six (36) month period and with at least twelve (12) months
remaining prior to expiration of administered vaccine. The certificate
of vaccination must bear information regarding manufacturer of vaccine
used, sex of the animal, and whether the animal has been spayed or
neutered.
B.
Should any dog be picked up by the Police or Animal Control Officer
that does not have a current tag, and the owner is unable to show
proof of vaccination, such owner, prior to release of the dog, pay
the cost of license and shall post a bond, approved by the Town Council
and listed in the Schedule of Fees and Charges maintained in the Town
Administrator's office, returnable when proof of vaccination is obtained.
C.
Such bond will be forfeited after fourteen (14) days if proof of
vaccination is not presented within that time period and an ordinance
violation may be filed against the owner.
[Ord. No. 2022-1397, 6-6-2022]
A.
The
owning, harboring or keeping of more than four (4) dogs or four (4)
cats, over six (6) months of age (or any combination of dogs and cats
exceeding four) upon any property in the Town of Carrollton shall
be deemed a nuisance, provided that the owner may apply for a permit
to keep or harbor more than four (4) dogs and/or cats upon adequately
showing that the premises are so situated and that special circumstances
exist which the keeping of additional dogs and/or cats would not constitute
a nuisance to the neighborhood. This shall not apply to authorized
kennels.
B.
Law
enforcement dogs possessed by Law Enforcement Officers certified by
the Department of Public Safety and Seeing Eye Dogs or other similar
dogs used to assist disabled persons and possessed by such persons
shall not be counted for the purposes of this Section.
[Ord. No. 2022-1397, 6-6-2022]
A.
It shall be unlawful for any owner, keeper or harborer of an animal
to allow any animal to run at large within the Town of Carrollton,
Missouri. Prima facie evidence of running at large, includes, but
not limited to, the following:
1.
Freely roaming on the private property of another without the
consent of the property owner or other such person having control
of the property; or
2.
Freely roaming on public property, streets, roads, highways
or alleyways without consent of the public entity having control of
the public property; or
3.
Any dog when off the property of said owner, keeper or harborer
is not attached to a leash, no greater than six (6) feet in length,
the end of which is securely held by a person capable of controlling
said dog; or
4.
When any dog unrestrained, and not under the control of the owner,
on the private property of the owner, and when conditions are such
that the said dog can leave the property of the owners of its own
volition.
B.
The owner of any animal found running at large in violation of this
Section, shall, upon conviction, be subject to a fine of not less
than fifty dollars ($50.00) nor more than five hundred dollars ($500.00);
provided, however, that the owner of any animal found running at large
in any Town park or recreational area shall, upon conviction for a
first (1st) violation, be subject to a fine of not less than fifty
dollars ($50.00) and not more than five hundred dollars ($500.00)
and, upon conviction for a second (2nd) or subsequent violation, be
subject to a fine of not less than one hundred dollars ($100.00) and
not more than five hundred dollars ($500.00) per violation.
C.
Any dog permitted to be kept in the City limits shall not be left
unattended, chained, tied, fastened or otherwise tethered to any stationary
or inanimate object as a means of confinement and restraint to the
property.
[Ord. No. 2022-1397, 6-6-2022]
A.
Any animal found in the Town without a license tag, running at large in violation of Section 205.110 or otherwise in violation of this Chapter, shall be placed in the Town animal shelter.
B.
Every animal so placed in the Town's animal shelter shall be held
for redemption by the owner of the animal for a period of not less
than seven (7) business days. (A business day is a day during which
the animal shelter is open for business to the public.)
C.
Upon the impoundment of any animal, the owner of the animal, if known,
shall be notified. If the owner is unknown, written notice of the
impoundment shall be posted for ten (10) days at the Town's animal
shelter and City Hall describing the animal and the place and time
of taking.
D.
In case the animal's owner shall desire to reclaim the animal from
the animal shelter, the owner must:
1.
If the owner is a resident of the Town, produce proof that the
animal has had a valid rabies vaccination as required by this Chapter
and that the animal has a valid Town license, and, if the owner is
not a resident of the Town, produce proof that the animal has had
a valid rabies vaccination as required by this Chapter;
2.
Pay all costs, as established from time to time by the Town,
for keeping the animal while in the animal shelter; and
3.
Pay the impoundment fee as established from time to time by
the Town.
E.
Impoundment records shall be kept for each animal taken into the
Town's animal shelter. Those records will contain a description of
the animal by specie, breed, sex, approximate age and other distinguishing
traits; the location at which the animal was seized; the date of seizure;
the name and address of the owner, if known; and disposition of the
animal. Impoundment records shall be preserved for a minimum of one
(1) year from the date the animal was impounded.
F.
If an impounded animal is not reclaimed by the owner within ten (10)
business days after impoundment and notice of such impoundment, and
the animal has not been claimed as set out in this Section, the Animal
Control Officer is at liberty to dispose of the dog in any one (1)
of the following ways:
1.
Humane euthanasia in accordance with regulations promulgated
by the Director of the State Department of Agriculture.
2.
Releasing the dog to any person expressing a desire for any given
dog, after payment of the adoption fee and completion of the registration-vaccination
procedure before release.
3.
Releasing the animal to an animal rescue facility at no charge.
4.
Any other method approved by the American Humane Association.
[Ord. No. 2022-1397, 6-6-2022]
It shall be unlawful to keep or harbor any female dog or cat
within an unconfined area during such time as she is in heat. The
owner shall keep such dog or cat confined in a building or secure
structure or in a veterinary hospital or boarding kennel in a manner
that such female animal cannot come in contact with other animals
except for planned breeding and will not attract males. Should the
owner or keeper fail to do so, then the Town may take the female dog
or cat and impound her and dispose of her as set forth above.
[Ord. No. 2022-1397, 6-6-2022]
A.
It shall be unlawful for any person's animal to inflict or attempt
to inflict bodily injury to any person or other animal whether or
not the owner is present. However, this shall not apply to an attack
by a dog under the control of an on-duty Law Enforcement Officer or
to an attack upon an uninvited intruder who has entered the owner's
property with criminal intent.
B.
A dangerous animal is an animal:
1.
That has inflicted a severe or fatal injury on a human being
(Severe injury means any physical injury resulting directly from an
animal's bite that results in broken bones, lacerations requiring
stitches or in-patient hospitalization. A victim who receives severe
injuries must provide the animal control office with a signed physician's
statement documenting injury and treatment qualifying such as a severe
injury or sign an authorization for release of such statement);
2.
That has killed a dog, cat or other domestic animal without
provocation while off the owner's property;
3.
That is owned or harbored primarily or in part for animal fighting;
4.
That has bitten a human being without provocation on public
or private property;
5.
That, when unprovoked, chases or approaches a person upon streets,
sidewalks or any public grounds or private property other than the
property of the owner in a menacing fashion or apparent attitude of
attack, regardless of whether or not a person is injured by such animal;
or
6.
Any animal with a known propensity, tendency, or disposition
to attack unprovoked, to cause injury or to otherwise threaten the
safety of human beings and domestic animals.
C.
The Animal Control Officer shall have the authority to designate any animal as a dangerous animal upon receiving evidence that the animal meets any of the criteria for a dangerous animal set forth in Subsection (B) above. When such a designation is made, at least one (1) owner of the animal, if known, shall be served a notice notifying the person of the designation and informing him/her of his/her right to appeal such designation by appearing before the Mayor or his/her designee. Pending a disposition at the hearing, the animal must be confined in such a manner as determined by the Animal Control Officer. The Animal Control Officer shall be authorized to require confinement of the animal: (1) by permitting the owner to have the animal confined at a veterinary facility or kennel; or (2) by permitting the animal to be confined on the owner's premises in such secure facilities as are approved by the Animal Control Officer. If the animal is deemed dangerous by the Mayor or his/her designee, the Mayor or his/her designee shall issue the order to have the animal euthanized or removed from the Town of Carrollton. If removal is authorized, the animal shall be placed in the custody of animal control while the owner makes immediate arrangements to have the animal removed from the Town of Carrollton. If the animal is not removed within twenty-four (24) hours, Animal Control shall make arrangements for humane euthanization.
Any party aggrieved by an administrative decision pursuant to
this Subsection may appeal by filing a request for review with the
Carroll County Circuit Court, Municipal Division, no later the 30th
day after the issuance of the administrative decision.
D.
Exceptions to dangerous animal classification:
1.
With the exception of Subsection (B)(1) above, no animal may be declared to be dangerous if the injury, damage or threat was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the animal; was teasing, tormenting, abusing or assaulting the animal; or was committing or attempting to commit a crime.
2.
With the exception of Subsection (B)(1) above, the Animal Control Officer may, because of extenuating circumstances, determine from the investigation of an incident that an animal is not dangerous. However, the owner may be warned of the animal's tendencies and to take appropriate action to prevent subsequent incidents. This, however, does not exempt the owner from being cited for other animal control ordinance violations.
E.
Any owner of an animal declared to be a dangerous animal, shall, upon conviction for violation of any provision or requirement imposed pursuant to Section 205.130(C) above, be subject to a fine of not less than two hundred fifty dollars ($250.00) and not more than five hundred dollars ($500.00) for each violation. In addition, the dangerous animal shall be subject to immediate seizure and impoundment.
F.
Any
dog deemed dangerous shall be required to purchase liability insurance
by an insurer authorized to do business in the State in the amount
of not less than one hundred thousand dollars ($100,000.00), insuring
the owner or keeper for personal injuries inflicted by the dog and
provide proof of such insurance to the Town. An insurance policy issued
to satisfy the insurance requirements of this Section shall provide
for written notice to the Town within thirty (30) days of cancellation,
reduction of limits, or termination of coverage.
G.
As
a condition for allowing any dog declared a "dangerous animal" to
remain in the Town:
1.
The dog or dogs shall be registered each year with the annual fee
to be set at fifty dollars ($50.00) for each dog in addition to any
other licensing fees.
2.
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 dog or dogs may be kept in a house, building
or structure when screen windows or screen doors are the only obstacles
preventing the dog or dogs from exiting the structure.
3.
No person shall permit a vicious dog or dogs to go outside its kennel,
cage, or secure structure unless that person is eighteen (18) or older,
that person has the dog or dogs securely leashed to a buckle collar
and on a leash no longer than six (6) feet in length, and that person
has physical control of the dog. Such dog shall not be leashed to
inanimate objects such as trees, posts and buildings. Additionally,
all such dogs on a leash outside the dogs kennel, cage, or secure
structure must be muzzled by a humane muzzling device sufficient to
prevent the dog from biting persons or other animals.
4.
The premises on which the dog or dogs are kept shall be clearly posted
with signage warning the public of the following:
WARNING A VICIOUS DOG IS PRESENT ON THIS PROPERTY, IS NOT ALLOWED
OUT OF HOUSE OR PEN WITHOUT LEASH AND MUZZLE. REPORT VIOLATIONS.
The sign shall be visible and capable of being read from the
street, road or highway that abuts to the premises. In addition, the
sign must include a picture or symbol that conveys the idea a vicious
dog to small children that cannot read.
5.
When the animal is sold or disposed of the Town must be notified
of such sale or disposition.
[Ord. No. 2022-1397, 6-6-2022]
A.
It
shall be unlawful for anyone to set or use metal traps within the
Town limits of Carrollton unless authorized by Animal Control. For
the purpose of this Section, the term "metal trap" is defined as a
metal clamping device which is made of metal generally used for the
purpose of trapping animals, which device has metal jaws which close
upon the animal so as to trap the animal between the jaws of the trap.
If a trap is required, said property owner shall request a trap from
Animal Control and inform Animal Control if an animal is caught. Furthermore,
it is a violation of this Section for anyone to tamper with, alter
or otherwise damage any authorized metal trap.
Metal traps as defined in this Section are permitted only under
the following circumstances:
1.
Metal traps may be used in enclosed areas or fenced areas where the
location of the trap is such that no danger is presented to small
children or pet animals.
2.
Metal traps may be used by licensed pest control operators when such
operators are using traps in conjunction with their work.
3.
The use of metal traps shall be permitted by the Town, the State
and the United States government when used in conjunction with public
health control activities.
4.
Metal traps may be used by citizens if they secure a permit for the
use of such traps from the Town. Such permit shall be issued for a
limited time upon a showing that the applicant requesting the use
of the metal trap is going to use the trap for the purpose of trapping
pests, rodents or other types of animals that are a nuisance or health
problem and that the trap will be used under conditions so as not
to endanger small children or pet animals. The Town may condition
the issuance of the permit upon the applicant meeting other requirements
designed to protect the public health or safety.
[Ord. No. 2022-1397, 6-6-2022]
A.
It shall be unlawful for the owner of any animal or any person harboring
an animal when notified that such animal has bitten any person or
has so injured any person as to have caused an abrasion of the skin
to sell or give away such animal or to permit or allow such animal
to be taken beyond the limits of the Town for a period of not less
than ten (10) days after the date that such animal has so bitten or
injured any person, except under the care of a licensed veterinarian.
If an animal has current vaccinations, the animal may be quarantined
at its residence providing an adequate kennel, cage or adequate confinement
can be established with the Police or Animal Control Officer's approval.
If confinement is not available, the dog or cat must always be under
direct control of the owner. During the ten (10) day quarantine, the
owner(s) must consent to periodic inspections by the Police or Animal
Control Officer.
B.
If the animal is not currently vaccinated, then it shall be the duty
of the owner or keeper upon receiving notice of character aforesaid
to immediately place such animal in a licensed veterinarian hospital
or kennel where such animal shall be confined for a period of not
less than ten (10) days; and such owner or person keeping or harboring
such animal shall notify the Police or Animal Control Officer of the
name and location of said veterinarian hospital or kennel and the
date that said animal was confined. It shall be within the discretion
of the Municipal Court of the Town to order the destruction or other
disposition of any animal so confined upon expiration of the confinement
period.
[Ord. No. 2022-1397, 6-6-2022]
Whenever the prevalence of hydrophobia renders such action necessary
to protect public health and safety, the Mayor shall issue a proclamation
ordering every person owning a dog or cat to confine it securely on
his/her premises unless it is muzzled so that it cannot bite. No person
shall violate such proclamation, and any unmuzzled dogs or cats running
at large during the time fixed in the proclamation shall be euthanized
by the animal control or by the Police without notice to the owner
thereof.
[Ord. No. 2022-1397, 6-6-2022]
If an animal infected with rabies is delivered to a veterinary
hospital, notice of the name and location of such hospital shall be
immediately furnished to the Town by the owner of such animal or an
Animal Control Officer. In addition, the Town shall be notified immediately
by the veterinarian in charge of said animal whenever an animal that
is suspected to be infected with rabies is delivered to the veterinarian
and in the event of the death of said animal while under observation
in said veterinary hospital.
[Ord. No. 2022-1397, 6-6-2022]
It shall be the duty of the owner of any infected animal upon
receiving notice of the infection to immediately place such animal
in a duly licensed veterinary hospital where the animal shall be confined
for a period of at least ten (10) days or to convey or cause such
animal to be conveyed to an animal shelter which is to be designated
by the Town, where such animal shall be securely chained or confined
for a period of at least ten (10) days, at the expense of the owner
of said animal.
[Ord. No. 2022-1397, 6-6-2022]
If an animal is diseased, dangerous, rabid or exposed to rabies
and the animal cannot be impounded after a reasonable effort or if
an animal cannot be impounded without serious risk to the person attempting
to impound the animal, the animal may be killed by any Law Enforcement
Officer of the Town.
[Ord. No. 2022-1397, 6-6-2022]
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 or if he/she fails to take possession of an animal having
been identified as belonging to the person, and such notice being
served to said person, when such animal has been impounded by the
Town of Carrollton for any reason for a time period greater than seven
(7) days from such notice.
C.
Animal neglect or animal abandonment are ordinance violations. For
a first (1st) offense of either violation, a fine not to exceed five
hundred dollars ($500.00). For a second (2nd) or subsequent violation
of either offense, a fine not to exceed five hundred dollars ($500.00).
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.
[Ord. No. 2022-1397, 6-6-2022]
Whenever any animal is found confined in a motor vehicle in
a public place under weather conditions that endanger its life as
determined by animal control or a Police Officer, said officer is
authorized to enter such vehicle and rescue such animal and thereafter
impound it in accordance with this Chapter. A prominent written notice
shall be left on the vehicle advising that the animal has been removed
and impounded in accordance with this Chapter.
[Ord. No. 2022-1397, 6-6-2022]
The keeping or harboring of any animal which is frequently and
habitually loud (barking, howling, yelping or making any other loud
or unusual noise) and frequently disturbs the peace of any neighborhood
is hereby prohibited and declared to be a public nuisance and unlawful
under this code. It shall be the duty of any person harboring or keeping
such loud animal to abate said nuisance, and if he/she fails to do
so, the Town may impound the animal or take any other appropriate
action to abate said nuisance.
[Ord. No. 2022-1397, 6-6-2022]
It shall be unlawful for any person to keep any animals or fowl
in a pen, shed, yard or other confined area within the Town limits
of Carrollton from which any deleterious or offensive odors shall
be emitted. The maintaining of animals or fowl in such conditions
shall be a violation of this Section.
[Ord. No. 2022-1397, 6-6-2022]
A.
It is unlawful for any person to own, harbor or possess a nuisance
animal, except as allowed by the provision of this Section. The Mayor,
his/her designee, or the Municipal Judge may declare a dog a nuisance
when a dog has been found running at large in violation of this Chapter
more than one (1) time within a 12 -month period. In addition, any
animal or group of animals which behave in the following manner will
be considered a public nuisance:
1.
Molests any passerby or chases passing vehicles, including bicycles,
when upon public property.
2.
Attacks any other animal.
3.
Is in heat and not properly confined.
4.
Is running at large.
5.
Damages public or private property.
6.
Barks, whines, howls, meows or creates any other disturbance
which is continuous or untimely so as to disturb an individual who
is a neighbor and who does, in writing, state he/she will so testify
if called upon to testify about such matter under oath. For purposes
of this Section, a "neighbor" is defined as an individual residing
in a residence structure which is within one hundred (100) yards of
the property on which the animal is kept or harbored.
7.
Is ridden on, driven or led on public property in such a manner
to obstruct or interfere with vehicular or pedestrian traffic.
8.
Causes injury to a person.
9.
Threatens or causes a condition which endangers public health
or safety.
10.
Impedes refuse collection by ripping any bag or tipping any
container of refuse.
11.
If a neighbor complains, in writing, that the animal is entering
upon the neighbor's property and it is found on that neighbor's property
after that complaint.
B.
It
is unlawful for any person to violate any restriction imposed by this
Section after an animal has been declared a nuisance animal by the
Mayor or his/her designee or by order of the Municipal Court. Any
party aggrieved by an administrative decision pursuant to this Section
may appeal by filing a request for review with the Carroll County
Circuit Court, Municipal Division, no later than thirty (30) days
after the issuance of the administrative decision.
C.
Any
animal declared a nuisance shall be required to meet the following
mandated restrictions for twenty-four (24) months as a condition of
residing within the corporate limits of the Town:
1.
The dog or dogs must receive an identification microchip implant.
The microchip used must be approved by the City Department of Public
Health and Welfare. It shall be a violation of this code for a microchip
to be removed unless it is for a medical reason and then only by a
licensed practicing veterinarian. The health authority must be notified
immediately of said removal.
2.
The dog or dogs shall be spayed or neutered within thirty (30) days
of the ruling unless a duly licensed veterinarian documents to the
Town that medical conditions of the dog contradicts sterilization.
Such sterilization shall require the removal of the gonads. Verification
that sterilization has taken place shall be presented to the Town
and welfare by the licensed practicing veterinarian preforming the
procedure.
3.
The dog shall be registered with the Town for twenty-four (24) months
with the annual fee being set at fifty dollars ($50.00).
D.
Refusal
or failure to comply with any of the mandated or ordered restrictions
shall constitute a violation of this code.
[Ord. No. 2022-1397, 6-6-2022]
A.
It shall be unlawful for any person to own, keep or harbor any non-human
living creature that is not customarily regarded as capable of being
domesticated or any non-human living creature whose size, inherent
characteristics, physical attributes or dangerous propensities make
it a threat to human health, life or limb, whose nature preludes it
being safely kept in captivity or to whom captivity would be detrimental
to its health.
B.
The following animals are exempt from the aforementioned, for instance:
canaries, ducks, finches, parakeets, love birds, parrots, soft-bill
birds, fishes, non-poisonous snakes, ferrets, American otters raised
in captivity, turtles, salamanders, hedgehogs, non-poisonous spiders
and non-poisonous reptiles and amphibians.
C.
Zoological parks performing animal exhibitions and circuses are exempt
from requirements of this Chapter and may exhibit, display or allow
wild animals to perform upon acquiring the proper permits to do so
under the Codes of the Town of Carrollton.
D.
Any person finding or capturing any wild animal shall make a report
to the Animal Control Officer within twenty-four (24) hours of the
time of capture. The report shall include a description of the animal
and the place where the animal is currently located.
E.
Any person violating the provisions of this Section shall, upon conviction
thereof, be punished by a fine of not less than five dollars ($5.00)
and not more than five hundred dollars ($500.00).
F.
For every day that such violation is continued after the conviction,
such person may again be arrested, tried, convicted and punished as
in the first (1st) instance.
G.
No person shall keep on any premises occupied by him/her under his/her
charge or control any horses, mules, swine, cattle, goats, sheep,
ostriches, emus or other animals in a pen or enclosure within the
City limits of Carrollton except for areas zoned as Agricultural and
consisting of two (2) acres or more, provided that such animals shall
be kept at least three hundred (300) feet from any inhibited dwelling,
school, church, or property zoned for residential purposes.
H.
Eight (8) female chickens (hens) may be kept in accordance with the
following provisions:
1.
All hens must have access to a covered enclosure (or coop) that allows
for housing of all the hens. In addition, all coops must have direct
access to an enclosed run area. All coops and runs shall be located
in the area of the yard and be designed in a manner to minimize their
visual impact. All coops and runs shall be at least ten (10) feet
from any property line and at least thirty (30) feet from any residential
structure not owned by permittee.
2.
The keeping of roosters, guinea fowl, or any fowl other than
female chickens is prohibited.
3.
At all times, hens shall either be kept in a coop or a run as
defined above.
[Ord. No. 2022-1397, 6-6-2022]
A.
A person is guilty of animal abuse, cruelty or neglect 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; or
4.
Causes the animal or fowl to engage in any form of animal fighting.
B.
For purposes of this Section, "animal" shall be defined as a non-human
mammal or fowl.
[Ord. No. 2022-1397, 6-6-2022]
A person commits the offense of assault on a Police animal when
such person knowingly attempts to kill or disable or knowingly causes
or attempts to cause serious physical injury to a Police animal when
that animal is involved in law enforcement investigation, apprehension,
tracking or search, or the animal is in the custody of or under the
control of a Law Enforcement Officer, Department of Corrections Officer,
Municipal Police Department, Fire Department or a rescue unit or agency.
[Ord. No. 2022-1397, 6-6-2022]
It shall be unlawful for any person to promote, train animals
for, conduct, participate in or collect any monies from or on account
of non-human animal fighting. Any person convicted of violating this
Section shall, upon conviction, be fined not less than five hundred
dollars ($500.00) per violation, be imprisoned for up to ninety (90)
days, or both.
[Ord. No. 2022-1397, 6-6-2022]
A.
No person owning, keeping or having custody of a dog or cat shall
allow or permit excrement of such animal to remain on public property,
private property other than the owner of the animal without consent
of such owner or occupant thereof or allow the excrement to cause
foul odor on the owner's property.
B.
Any person owning, keeping or having custody of an animal shall immediately
remove the excrement deposited by the animal if deposited on property
other than that of the owner of the animal.
[Ord. No. 2022-1397, 6-6-2022]
Any person, firm or corporation that maintains in this Town
a kennel where dogs are kept for sale having obtained a license therefor
under this Code shall not be required to obtain dog licenses for such
dogs under this code. However, such kennel may secure such licenses
and transfer the licenses with the dogs to any purchaser thereof.
[Ord. No. 2022-1397, 6-6-2022]
It is unlawful to counterfeit or attempt to counterfeit the
tags provided for in this code or to take from any dog or cat a tag
legally placed upon it by its owner with the intent to place it upon
another dog or cat.
[Ord. No. 2022-1397, 6-6-2022]
Dog or cat tags are not transferable and no refunds shall be
made on any dog license fee because of leaving the Town before the
expiration of the license. Tags may be transferred only when said
dog or cat dies and the Animal Control Officer is notified.
[Ord. No. 2022-1397, 6-6-2022]
Any animal or fowl taken up and impounded in the public animal shelter of the Town shall be released to the owner upon compliance with Section 205.115 and payment of impoundment and maintenance fees approved by the Town Council and listed in the Schedule of Fees and Charges maintained in the Town Administrator's office.
[Ord. No. 2022-1397, 6-6-2022]
Notice of impoundment shall immediately be made, if possible,
by the Town to the owner or keeper of the dog or cat as shown by the
licensing records of the Town or if known to the Animal Control Officer.
Failure to receive such notice shall not prevent the Town or its authorized
agency from carrying out the provisions of this Chapter.
[Ord. No. 2022-1397, 6-6-2022]
If the owner of the animal is not known, then the Animal Control
Officer shall immediately post a notice of impoundment at the Town's
animal shelter facility.
[Ord. No. 2022-1397, 6-6-2022]
It is unlawful for any unauthorized person to break open the
pound or to attempt to do so, or to take or let out any animals there
from, or to take or attempt to take from any officer any animal taken
up by him/her in compliance with this code or in any manner to interfere
with or hinder such officer in the discharge of his/her duties under
this code.
[Ord. No. 2022-1397, 6-6-2022]
Except as otherwise specifically set forth in this Chapter,
a person violating any provision of this Chapter shall, upon conviction,
be subject to a fine of up to five hundred dollars ($500.00) for each
such violation.
[Ord. No. 2022-1397, 6-6-2022]
The fee schedule for the Department is as follows (subject to
future amendment).
|
Type
|
Fee
| |
|---|---|---|
|
Redemption by owner
| ||
|
First redemption
|
$50.00
| |
|
Second redemption
|
$60.00
| |
|
Third redemption
|
$75.00
| |
|
Daily boarding fee for cats
|
$10.00
| |
|
Daily boarding fee for dogs
|
$10.00
| |
|
Adoption of a cat
|
$20.00
| |
|
Adoption of a dog
|
$40.00
| |
|
Pet license
| ||
|
Altered dog
|
$5.00
| |
|
Unaltered dog
|
$15.00
| |
