[HISTORY: Adopted by ordinance 6-14-1993; amended 8-12-2002 by Ord. No. 165; 10-11-2005 by Ord. No. 294; 11-9-2009 by Ord. No. 535; 1-11-2016 by Ord. No. 726; 2-8-2016 by Ord. No. 736; 8-1-2018 by Ord. No. 811; 8-13-2018 by Ord. No. 817. Subsequent amendments noted where applicable.]
As used in this chapter unless the context otherwise indicates.
- AFFECTED WITH RABIES
- Manifesting any of the characteristic symptoms of rabies as described by a licensed veterinarian.
- Any living animal, domestic or wild, excepting birds and fish.
- AT LARGE
- Off the premises of the owner, and not under the actual control of the owner or a competent person.
- Both male and female members of the feline family.
- The City of Moscow Mills, Missouri.
- COMPETENT PERSON
- A human being that is actually capable of controlling and governing the animal in question.
- Both male and female members of the canine family.
- EXPOSED TO RABIES
- Having been bitten by, fought with or come in contact with an animal affected with rabies.
- Any person or persons, firm, association or corporation owning, keeping, caring for, feeding, harboring, possessing, or having management or care of an animal.
Every owner of any dog or cat shall procure a license for each dog or cat as required by this chapter.
On the first day of January of each year, the owner of each dog or cat, then over the age of six months, kept within the City, and for each dog or cat then thereafter kept in the City, on attaining six months of age during the year, shall secure from the City Clerk a license tag for such dog or cat, which license tag shall be issued upon payment of a $5 fee, and compliance with § 73.280 hereof. The license tag shall expire on the 31st day of December next following issuance. The owner shall keep the tag securely fastened by means of a collar about the neck of the dog or cat at all times.
It shall be the duty of the owner of every dog or cat kept within the City, subject to the license tag specified in the preceding section, to cause the same to be registered at the office of the City Clerk, in the City animal register, and the City Clerk shall enter into the City animal register the date of application for the license tag, the number of the tag issued, to whom and for whom issued and the breed, sex and color of such dog or cat. The Clerk shall thereupon furnish to the person a tag, having plainly marked, cast or stamped thereon the figures indicating the year for which the tag was issued and a number corresponding with the number of the entry on the animal register. Before any dog or cat required by the preceding section to have a City license tag shall be registered at the office of the City Clerk as required in the section, there shall be presented to the City Clerk a written statement briefly describing such dog or cat sought to be registered and naming the alleged owner thereof, signed by a duly licensed veterinarian who shall certify that such dog or cat has been immunized against rabies or accompanied by a rabies control tag and the date of immunization. Such date of immunization and effective period of the immunization shall be recorded at the time of registration of such dog or cat.
The City Clerk is authorized annually to procure on behalf of the City, a supply of tags sufficient for the need of that particular year.
It shall be unlawful for any owner of any animal to allow the animal to be at large.
Police officers shall have the right of entry to any lots or lands for the purpose of inspecting any animal reported or reasonably believed to be in violation of this chapter.
No owner of an animal affected with rabies or exposed to rabies, shall permit such animal anywhere within the City other than the property of the actual owner of such animal, and then only if such animal is so confined as to prevent its straying from the actual owner's property.
Every owner of an animal which has bitten a person, or which acts in a manner suggesting that it is or may be affected with rabies, shall quarantine such animal in a facility designated by the City of Moscow Mills for a period of 10 days for observation.
The owner of an animal shall provide humane shelter from the heat, cold, rain, snow, or other conditions that could be harmful to the animal, shall provide adequate food and drink to maintain the animal in good health, and shall not treat the animal in a cruel and inhumane manner.
No owner of an animal shall allow frequent and habitual barking, yelping, or howling that disturbs persons living in the immediate area. No owner of an animal shall allow threat or fear to persons living in the immediate area or persons passing upon sidewalks, alleys or streets.
No one shall keep swine, cows, horses, goats, or sheep of any kind within the City. Persons owning more than five contiguous acres, not within a subdivision, shall be exempt from this section with regard to cows and horses only.
No owner of any animal shall keep any animal in a pen or other enclosure of any kind under such conditions that offensive or noxious odors or smells cause annoyance to persons living in the immediate area or persons passing upon sidewalks, alleys or streets.
The term "chickens or other domestic fowl" as used in this section shall include turkeys, guineas, ducks, geese or any other domestic fowl.
It shall be unlawful for any owner to allow any chickens or other domestic fowl to run at large upon any sidewalk, alley or street or upon the premises of any other person.
Any owner desiring to keep chickens or other domestic fowl within the City must at keep them securely fenced in a pen or enclosure.
Classification. The Board of Aldermen or its designated representative shall classify any animal with the following characteristics as a "dangerous animal" for purposes of this chapter:
Any animal which has inflicted a severe or fatal injury on a human on public. "Severe injury" means any physical injury resulting directly from an animal's bite, which results in broken bones or lacerations requiring stitches, or hospitalization. The victim receiving severe injuries as defined above, must provide the Police Chief with a signed physician's statement documenting the injury and the treatment qualifying such as a severe injury, or sign an authorization for the release of such statement.
Any animal which has attacked or bitten a human or domestic animal, on property other than the property of the owner.
Any animal which, while on the owner's property, has attacked or bitten, a human other than the owner or a member of the owner's family who normally resides at the place where the animal is normally kept.
Any animal which, while off the owner's property, has killed a domestic animal, horse, chicken or other domestic fowl.
Any animal owned or harbored primarily, or in part, for the purpose of fighting or any animal trained for fighting.
Any animal which approaches a person upon the sidewalks, alleys, or streets, in a menacing fashion or apparent attitude of attack.
Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of humans or domestic animals.
Notice and hearing.
Within five working days after classifying an animal as a "dangerous animal", the City shall notify the animal's owner of such classification, in writing. The notice shall identify the requirements and conditions for maintaining a dangerous animal as set forth in this chapter. If the owner cannot be located, the animal may be immediately impounded, and notice shall be posted at the owner's last known address.
Appeal and hearing. If the animal owner disputes the classification, then the owner has the option of submitting, within five working days of notice, a written request to the Board of Aldermen for a hearing to contest the classification. The City shall, within 10 working days after receipt of a bona fide written request, conduct a hearing and render a decision.
Pending the outcome of such a hearing, the animal must be confined in such a manner so as not to be a threat to any person or domestic animal. The confinement may be on the owner's premises or with a licensed veterinarian.
The City shall determine whether to declare the animal to be a "dangerous animal" based upon evidence presented at the time of the hearing. The hearing shall be informal and strict rules of evidence shall not apply. The owner may be represented by counsel, present oral and written evidence, and cross examine witnesses.
The City shall issue a decision after the close of the hearing and notify the owner in writing of the decision. The owner or possessor of the animal found to be a "dangerous animal" shall be required to maintain the animal as provided in this chapter.
Owner's responsibilities. Owners or keepers of an animal that has been declared a dangerous animal may maintain the dangerous animal only subject the following limitations requirements and conditions:
Registration. Within 10 days of the designation or the acquisition of a dangerous animal, every owner or keeper of a dangerous animal in the City shall register said animal with the City on the "dangerous animal" registry. Failure to so register shall constitute a violation of this chapter.
Collar. Any dangerous animal shall wear a bright orange collar with a large brightly colored metal tag attached so the animal can readily be identified as a dangerous animal.
Loose, unconfined or missing dangerous animal. The owner or keeper shall notify the Police Department immediately if a dangerous animal is loose, unconfined or missing, or has attacked a human or other animal.
Reporting requirements. The owner or keeper shall notify the City within 24 hours: a. Death or transfer of ownership. If a dangerous animal has died or has been sold or given away, or otherwise transferred in ownership or possession. If the animal has been sold, given away, or otherwise transferred in ownership or possession, the owner or keeper shall provide the City with the name, address and telephone number of the new owner or keeper, and, if the dog is kept within the City, the new owner or keeper must comply with the requirements of this chapter. B. Birth. All offspring born of dangerous animals within the City must be removed from the City within two months of their birth. C. New address. Of the new address of a dangerous animal owner or keeper should the owner or keeper move from one address within the City to another address within the City.
All dangerous animals must be securely confined indoors or in a securely enclosed and locked pen, kennel or other structure, except when leashed and muzzled as provided herein. The pen, kennel or other structure must be suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen, kennel or other structure must have minimum dimensions of five feet by 10 feet and must have secure sides and a secure top attached to all sides. The pen, kennel, or other structure must be locked with a key combination lock when dangerous animals are confined within. The pen, kennel or other structure must have a secured bottom or floor attached to all sides; however, if it has no bottom secured to the sides, the sides must be embedded in the ground no less than 12 inches. The enclosure must also provide protection from the elements for the animal.
The enclosure, when occupied by a dangerous animal, shall not be occupied by any other. If the dangerous animal is a female with offspring under two months of age, the offspring may occupy the same enclosure as the mother.
All structures erected to house dangerous animals must comply with all zoning and building regulations of the City. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
No dangerous animal may be kept on a porch, patio, or in any part of a house or structure that would allow the animal to exit such building on its own violation. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure.
Signs. The owner or keeper shall display a sign on his premises that there is a dangerous animal on the property and which bears a symbol warning children of the presence of a dangerous animal. This sign shall be visible and capable of being seen from the public thoroughfare from which the property is entered. In addition, a similar sign is required to be posted on the pen, kennel or other structure housing the dangerous animal.
Leash and muzzle. A dangerous animal may only be off the owner's premises if it is muzzled and restrained by a substantial chain or leash not exceeding six feet in length and under the control of competent person. The muzzle must not cause injury to the animal or interfere with its vision or respiration but must prevent it from biting any human or other animal.
Insurance. The owner or keeper of a dangerous animal shall present to the City proof that the owner or keeper has procured liability insurance in a single incident amount of at least on $100,000 for bodily injury/death/or damage to property which may result from the ownership, keeping or maintenance of such animal covering the twelve-month period during which licensing is sought. An effective insurance policy with the coverage and in the amounts specified herein must be maintained by the owner or keeper at all times. The policy shall contain a provision requiring the City receive 10 days' written notice prior to any cancellation, termination,] or expiration of the policy.
Photographs. All owners or keepers of dangerous animals, must within 10 days of such classification, provide the City with two color photographs (one showing the left profile and the other showing the right profile) of the animal, clearly showing the color, distinguishing markings, and approximate size of the animal.
Compliance, violations and penalties.
It shall be unlawful for the owner or keeper of a dangerous animal within the City to fail to comply with requirements set forth in this chapter. Any animal found to be in violation of this chapter may, in addition to other penalties, be subject to immediate impoundment for the time necessary for the owner or keeper to show compliance with this chapter. Owner shall be liable to City for all expenses of impoundment incurred by the City.
Any person found guilty of violation any provision of the section shall be punished as provided herein. In addition to any penalty as provided herein, the Court may order the registration of the subject dangerous animal revoked and the animal removed from the City. Should the owner or keeper refuse to remove the animal from the City, the Court may find the owner or keeper in contempt and order the immediate impoundment and humane destruction of the dangerous animal. Each day that a violation of this section continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this section shall be liable to the City for all expenses of impoundment and/or humane destruction incurred by the City.
Notwithstanding anything else herein, no person may own, keep, care for, feed, harbor, possess, or have management or care of more than four combination of animals on any premises within the City (excluding birds and fish). As way of clarification and not limitation, this section is intended to prohibit keeping more than four pets of any kind on any given premises within the City, with the exclusion of birds and fish.
Persons within the City are strictly prohibited from keeping, caring for, feeding, harboring, possessing, or having management or care of the following:
Lions, tigers, bears, leopards, ocelots, jaguars, cheetahs, margays, mountain lions, lynx, bobcats, jaguarondi, hyenas, wolves, and coyotes;
Primates, raccoons, skunks, and foxes;
Deadly, dangerous, or poisonous reptiles;
Non-domesticated cats, feral cats, wild cat hybrids, and wild dog hybrids;
Any other animal which is considered exotic or endangered by other laws or regulations or animals that are inherently dangerous by nature.
Any person, firm or corporation violating any provision of this chapter is guilty of an infraction and upon conviction thereof shall be punished by a fine of not more than $500, under such limits as may be imposed by the state statute.