[Ord. No. 2.000, 11-2-1981; Ord. No. 2.500 § 14, 11-2-1981; Ord. No. 2.500 -A § 14, 5-3-1982; Ord. No. 2005-10-24-03 § 2, 10-24-2005]
A.
It shall be unlawful and a public nuisance for any person in charge
of a residence to keep or allow to be kept more than four (4) dogs
or four (4) cats or any combination of such animals exceeding four
(4) in number, over the age of one hundred eighty (180) days at such
residence unless the residence of all of the dogs and cats kept there
are within one (1) or more of the following exceptions:
B.
When animals in excess of the limit established in Subsection (A) are found at a residence, all of the animals found at the residence may be removed to an animal shelter to be handled as if stray animals, except that the person in charge of the residence, if present, may designate and retain up to four (4) licensed animals.
[Ord. No. 2.000 , 11-2-1981; Ord. No. 2.500 § 11, 11-2-1981; Ord. No. 2.500 -A § 11, 5-3-1982]
Every pen, run, cage or other yard establishment wherein any
dog is kept shall be maintained so that no offensive, disagreeable
or noxious smell or odor shall arise therefrom to the injury, annoyance
or inconvenience of any neighbor.
[Ord. No. 2.000 , 11-2-1981; Ord. No. 2.500 § 15, 11-2-1981; Ord. No. 2.500 -A § 15, 5-3-1982; Ord. No. 2009-03-09-02 § 1, 3-9-2009]
A.
It is unlawful for a person to own, possess or harbor a dangerous
dog, except as may be allowed as provided herein. The following is
a non-exclusive list of factors indicating that a dog is dangerous:
1.
Has killed or seriously injured a domestic animal, livestock
or poultry without provocation.
2.
Is owned or harbored primarily or in part for the purpose of
dog fighting or any dog trained for dog fighting.
3.
Has bitten a human being, without provocation, on public or
private property other than the property of the owner.
4.
While on the owner's property has bitten, without provocation,
a human being other than the owner or a member of the owner's family
who normally resides at the place where the dog is kept.
5.
When unprovoked, chases or approaches a person upon the public
property or private property other than the property of the owner
in a menacing fashion or apparent attitudes of attack, regardless
of whether or not a person is injured by said dog.
6.
Has a known propensity, tendency or disposition to attack unprovoked,
to cause injury, or to otherwise threaten the safety of human beings
or domestic animals.
7.
Has, in the absence of a bite, displayed characteristics such
as habitually snapping, charging, growling or otherwise manifests
a disposition to bite, attack or injure any person or domestic animal
or pet, if afforded the opportunity, or if it causes any person to
have a reasonable fear of immediate serious physical injury.
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In making a determination as to whether an animal is dangerous,
elements that may be considered, but are not required to be, are provocation,
location of the event, reason for the attack, whether the animal is
acting protectively, whether the animal was tormented or abused, the
seriousness of an attack and previous attacks.
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B.
A summons for violation of Subsection (A) may be issued. During the pendency of the charge the dog shall be confined in such a manner as determined by the Chief of Police. The Chief of Police shall be authorized to require confinement of the animal one (1) by permitting the owner to have the animal confined at a veterinary facility or kennel, or two (2) by permitting the animal to be confined on the owner's premises in such secure facilities as are approved by the Chief of Police. The notice of confinement may be issued at the time of issuance of the summons or any time prior to trial.
C.
Without regard to whether or not a summons for a violation of this
Section has been issued, the Chief of Police may institute an administrative
hearing procedure by issuing written notice to the owner or possessor
of the dog that a hearing will be held to determine if the dog is
a dangerous dog.
D.
The notice and order are to be delivered in person or may be delivered
by first class mail. If these methods fail, the notice and order may
be posted on the property of the owner or possessor of the dog in
a conspicuous location.
E.
The notice shall state that a hearing will be held to determine if
the dog should be declared a dangerous dog.
F.
The notice shall state a date and time for hearing.
G.
The notice shall set a hearing date not earlier than five (5) business
days from the date of delivery of the notice nor more than fifteen
(15) business days from the date of delivery of the notice. If the
delivery is by first class mail or posting, the delivery shall be
presumed to have occurred on the third day after mailing or posting.
H.
The hearing officer may continue the hearing for good cause shown.
I.
The Municipal Court judge may be appointed as the hearing officer.
J.
The notice shall state that pending the outcome of such a hearing,
the dog must be confined in such a manner so as not to be a threat
to any person. The confinement may be on the owner's premises as approved
by the Chief of Police or with a licensed veterinarian. Failure to
confine the dog as required is a violation. Upon failure to confine
the dog as required, an emergency order of confinement may be sought
from the hearing officer and upon a determination that the dog is
not being confined and that the dog presents a threat to any person
or animal, an order may be issued authorizing the dog to be taken
into custody by the City.
K.
The hearing officer shall determine whether to declare the dog a dangerous dog based upon the evidence and testimony presented. In determining whether to declare the dog a dangerous dog, the hearing officer shall consider all relevant evidence presented by the animal's owner, witnesses to any relevant evidence, City personnel or any other person possessing information pertinent to such determination. If a dog is declared dangerous, the hearing officer shall enter an appropriate order that may include, but is not limited to, compliance with the conditions and requirements contained in Subsection (N) of this Section or, if necessary for the public health, safety and welfare, removal from the City or euthanization. Any party aggrieved by the decision of the administrative hearing officer may appeal to a court of competent jurisdiction as is set forth in Chapter 536, RSMo.
L.
The hearing officer shall issue written findings within ten (10)
days after the hearing.
M.
Exemptions To Dangerous Dog Classification.
1.
No dog may be declared dangerous if the threat, injury or damage
was sustained by a person who at the time was committing a willful
trespass or other tort upon the premises occupied by the owner or
keeper of the dog or was teasing, tormenting, abusing or assaulting
the dog.
2.
Dogs owned by governmental or law enforcement agencies when
being used in the services of those agencies.
N.
The following actions shall be required of owners or keepers of dogs
that have been declared dangerous dogs:
1.
Any dangerous dog which bites or scratches a human, domestic
animal, livestock or poultry or any dog whose behavior immediately
prior to or during an incident resulting in a human, domestic animal,
livestock or poultry being bitten or scratched, which is determined
to be dangerous, shall be impounded for a ten-day rabies quarantine
at a location to be determined by the Chief of Police.
2.
The owner or keeper shall notify Chief of Police immediately
if a dangerous dog is loose, unconfined or missing, has attacked another
animal or has attacked a human being.
3.
The owner or keeper shall notify the Chief of Police within
twenty-four (24) hours if a dangerous dog has died or has been sold
or given away. If the dog has been sold or given away, the owner or
keeper shall provide the Chief of Police with the name, address and
telephone number of the new owner, and the new owner, if the dog is
kept within the City limits of Greenwood, must comply with the hearing
officer's order.
4.
While on the owner's or keeper's property, a dangerous dog must
be securely confined indoors or in a securely enclosed and locked
pen or structure suitable to prevent the entry of young children and
designed to prevent the animal from escaping. Such pen or structure
must have secure sides and must be approved by the Chief of Police.
5.
No dangerous dog may be kept on a porch, patio or in any part
of a house or structure that would allow the dog to exit such building
on its own volition.
6.
The owner or keeper shall display a sign on his/her premises
that there is a dangerous dog on the property. This sign shall be
visible and capable of being read from the public street from which
the property is entered. In addition, a similar sign is required to
be posted on the kennel or pen or fenced yard of such animal.
7.
A dangerous dog may be off the owner's or keeper's premises
if it is muzzled and restrained by a substantial chain or leash not
exceeding six (6) feet in length and under the control of an adult.
The muzzle must be made in a manner that will not cause injury to
the dog or interfere with its vision or respiration but must prevent
it from biting any person or animal.
8.
All owners or keepers of dangerous dogs must, within ten (10)
days of such declaration that a dog is dangerous, provide the Chief
of Police two (2) color photographs, one (1) showing the left profile,
the other showing the right profile of the animal clearly showing
the color and approximate size of the animal.
9.
Any dangerous dog shall wear at all times a bright fluorescent
yellow collar with required tags attached so the dog can be identified
as a dangerous dog.
O.
It shall be unlawful for the owner or keeper of a dangerous dog within
the City of Greenwood to fail to comply with requirements and conditions
set forth in this Section or any order issued by the hearing officer.
Anyone found to be in violation may be, in addition to other penalties
provided by ordinance, subject to immediate seizure and impoundment
of the person's dog for a minimum of ten (10) days or the time necessary
for the owner or keeper to show compliance with this Section or any
order issued by the hearing officer, whichever is shorter. In addition
to those penalties that may be imposed upon a conviction in Municipal
Court or in addition to the order that may be entered by the hearing
officer, an order may be entered as a part of the Municipal Court
judgment and sentence or administrative order requiring the payment
of any and all costs incurred by the City as a result of the dangerous
dog proceedings.
[Ord. No. 2.000 , 11-2-1981; Ord. No. 2.500 § 17, 11-2-1981; Ord. No. 2.500 -A § 17, 5-3-1982]
No person shall own, keep or harbor any dog or other animal
which by jumping upon or threatening persons upon public streets shall
cause persons to be put in fear of injury. This Section shall apply
to animals while being walked on leashes and the unprovoked attack
by an animal on a leash upon any person shall constitute an assault
or battery by the person holding the leash and failing to prevent
the unprovoked attack by such animal.
[Ord. No. 2.000 11-2-1981; Ord. No. 2.500 § 18, 11-2-1981; Ord. No. 2.500-A § 18, 11-2-1981; Ord. No. 2.500-A § 18, 5-3-1982]
The owner, keeper or person harboring any female dog shall,
during the period that such animal is "in heat," keep it securely
confined and enclosed within a building except when out upon such
person's premises briefly for toilet purposes while on leash or otherwise
effectively physically restrained. For the purposes of this Section,
"briefly for toilet purposes", shall consist of a maximum time of
fifteen (15) minutes on each separate occasion.
[Ord. No. 2.000, 11-2-1981; Ord. No. 2.500 § 19, 11-2-1981; Ord. No. 2.500-A § 19, 5-3-1982]
A.
It shall be unlawful for any person owning, keeping or harboring
any dog to permit, suffer or allow said dog to run at large within
the City. For the purpose of this Section, any dog shall be deemed
to have been permitted, suffered or allowed by its owner, keeper or
harborer to "run at large" when found outside of the residence structure
of the owner, keeper or harborer and not effectively physically restrained
on a chain or leash, or behind a suitable fence or other proper method
of physical restraint from which it cannot escape.
B.
A legally blind person using a "seeing eye dog" in the customary
manner shall be deemed to be in compliance with this Section.
C.
Official use of dogs by any governmental unit shall be deemed in
compliance with this Section.
[Ord. No. 2.000 , 11-2-1981; Ord. No. 2.500 § 20, 11-2-1981; Ord. No. 2.500 -A § 20, 5-3-1982]
A.
If a dog or cat is found within the City limits of Greenwood, Missouri,
not under restraint and is impounded, a notice of violation of the
Code of Ordinances of this City shall be delivered in person or sent
by first class mail to the owner, keeper, harborer or maintainer,
if known.
B.
If such violation is a first violation with respect to said dog,
cat or animal, the owner may appear within seventy-two (72) hours
after receipt of such notice and the owner shall, after payment of
any license fee, impoundment fee and board fee then due and owing,
have a right to sign a waiver of prosecution which shall amount to
a plea of guilty and pay a fine as determined from time to time by
the Board of Aldermen. In second and subsequent violations of this
Chapter requiring restraint, the owner may reclaim said animal after
payment of any license fee, impoundment fee and board fee but a complaint
shall be issued, and the owner, harborer, keeper or maintainer shall
appear in Municipal Court in response to said complaint.
[Ord. No. 2.000, 11-2-1981; Ord. No. 2.500 § 23, 11-2-1981; Ord. No. 2.500 -A § 23, 5-3-1982]
It shall be the duty of every person owning, keeping or harboring
in the City any dog or cat over one hundred eighty (180) days old
to procure a license therefor from the City Clerk or his/her designee.
The receipt issued for the license shall constitute a Certificate
of Registry and evidence of licensure for the keeping of such dog
or cat within the City. The City Clerk may delegate authority to the
Animal Control Officer to enforce any Section of this Chapter requiring
licensure.
[Ord. No. 2.000 , 11-2-1981; Ord. No. 2.500 § 24, 11-2-1981; Ord. No. 2.500 -A § 24, 5-3-1982]
Hospitals, clinics and other facilities operated by licensed veterinarians for the care and treatment of animals are exempt from all provisions of Section 205.240. The licensing provisions of this Section shall not apply to non-residents of the City unless they keep a dog or cat within the City for more than thirty (30) days. If a dog is fully trained as a "seeing eye dog" and is regularly used in the service of a blind person or is owned by a governmental unit, then such license shall be issued without the payment of a fee.
[Ord. No. 2.000 , § 11-2-1981; Ord. No. 2.500 § 25, 11-2-1981; Ord. No. 2.500 -A § 25, 5-3-1982]
Written application for a dog or cat license shall be made to
the City Clerk and shall state the name, address and telephone number,
if any, of the owner and the name, breed, color, sex and distinguishing
marks of the dog or cat.
[Ord. No. 2.000 , 11-2-1981; Ord. No. 2.500 § 26, 11-2-1981; Ord. No. 2.500 -A § 26, 5-3-1982; Ord. No. 2006-03-13-02 § 1, 3-13-2006; Ord. No. 2009-07-27-07 § 1, 7-27-2009; Ord. No. 2014-2881 § 1, 12-22-2014; Ord. No. 2021-3021, 5-11-2021]
The yearly license fee shall be eight dollars ($8.00) for each
dog or cat over the age of one hundred eighty (180) days old.
[Ord. No. 2.000 , 11-2-1981; Ord. No. 2.500 § 27, 11-2-1981; Ord. No. 2.500 -A § 27, 5-3-1982; Ord. No. 2014-2881 § 2, 12-22-2014]
The licensure evidenced by the Certificate of Registry shall
entitle an owner or keeper to keep the licensed dog or cat in the
City until the 31st day of December next following the date of issuance
of the dog and cat license and certificate.
[Ord. No. 2021-3021, 5-11-2021]
A.
Immunization
Of Dogs. It shall be the duty of every owner of any dog which is one
hundred eighty (180) days old or more, within the City to have and
keep the dog immunized against rabies by a licensed veterinarian.
B.
Immunization
Of Cats. It shall be the duty of every owner of any cat which one
hundred eighty (180) days old or more, within the City to have and
keep the cat immunized against rabies by a licensed veterinarian.
C.
No
license shall be issued to any owner of any dog or cat until such
owner shall first present to the Clerk a certificate showing that
such dog or cat has been inoculated for rabies, or for such other
diseases as the Board of Health may deem necessary to protect the
public health.
[1]
Editor’s Note: Former Section 205.290, Certificate of
Immunization Prerequisite for License, adopted and/or amended by Ord.
No. 2.000, 11-2-1981; Ord. No. 2.500 § 28, 11-2-1981; Ord. No.
2.500 § 28, 5-3-1982; was repealed 6-9-2015 by Ord. No. 2015-2889
§ 1.
[Ord. No. 2.000 , 11-2-1981; Ord. No. 2.500 § 29, 11-2-1981; Ord. No. 2.500 -A § 29, 5-3-1982]
The City Clerk or his/her designee shall keep for a period of
three (3) years a record giving the name and address of the owner
or keeper of each licensed dog or cat and the number of the Certificate
of Registry, together with a general description of the dog or cat.
[Ord. No. 2.000 , 11-2-1981; Ord. No. 2.500 § 30, 11-2-1981; Ord. No. 2.500 -A § 30, 5-3-1982]
At the time of the issuance of license required by this Chapter,
the City Clerk or his/her designee shall deliver therewith a license
tag showing the registration number and expiration date of the license.
A replacement license tag shall be furnished by the City Clerk to
any such owner or keeper upon application satisfactory to the Commissioner
of Revenue and payment of one dollar ($1.00). Any change in the form
of license tag or tags used shall first be approved by the City Clerk
or his/her designee as suitable for dogs or cats, or both.
[Ord. No. 2.000 , 11-2-1981; Ord. No. 2.500 § 31, 11-2-1981; Ord. No. 2.500 -A § 31, 5-3-1982]
A.
No owner or keeper of any licensed dog shall allow or permit such dog to be outside the residence of said owner or keeper at any time other than when enclosed on all sides in a cage or covered dog run without having attached to a collar about the neck of such animal or to a secure body harness the license tag provided for in Section 205.310, except when such dog is being handled in the course of any organized dog training or exhibition program.
B.
The owner or keeper of any licensed cat shall either attach the license tag provided for in Section 205.310 to the animal with a neck collar or secure body harness or the owner or keeper shall retain such tag in possession at his/her residence and shall display the tag upon request of any Police Officer or Animal Control Officer.
C.
No person shall remove, or cause to be removed, the collar, harness
or the license tag from any registered dog or cat without the consent
of the owner or keeper thereof.
[Ord. No. 2.000 , 11-2-1981; Ord. No. 2.500 § 33, 11-2-1981; Ord. No. 2.500 -A § 33, 5-3-1982; Ord. No. 2005-10-24-03 § 3, 10-24-2005]
A.
Any person, except those living in an agricultural "A" district or
first dwelling rural residential "R-1R" district, who shall own and
keep, harbor or maintain upon his/her premises five (5) or more dogs
or cats shall be deemed an operator of a kennel. It shall be unlawful
to operate a kennel within the corporate limits of the City of Greenwood,
Missouri, which violates the standards of operation established in
this Section or which violates any zoning regulations or other regulations
of the City.
B.
Kennel premises where permitted shall be maintained in a clean and
sanitary condition at all times and sanitary methods shall be used
to obliterate or prevent any offensive odors.
C.
The Animal Control Officer shall have the right to inspect such kennels
at all reasonable hours. Said Supervisor shall inspect each registered
kennel operating within the corporate limits at least once each calendar
year to insure compliance with the standards of operation.
D.
Any person who is deemed to be the operator of a kennel shall register
said kennel on a form provided by the City Clerk and issued by the
Animal Control Officer.
E.
At the time of initial registration of each kennel and annually thereafter
the operator of the kennel shall pay an inspection fee of ten dollars
($10.00) and shall have a valid business license issued by the City
of Greenwood, Missouri.
