AN ORDINANCE RELATING TO AND PROVIDING FOR THE ESTABLISHMENT OF AN ANIMAL CONTROL ORDINANCE FOR LICENSING, PERMITS, CONTROL OF VICIOUS ANIMALS AND IMPOUNDMENT.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF BROWNING, MISSOURI, AS FOLLOWS:
Section 1: Definitions
As used in this Ordinance, the following terms shall have the meanings indicated, unless the context requires otherwise:
A. Animal. Every nonhuman species of animal, both domestic and wild.
B. Animal Shelter. Any facility operated by a humane society, or municipal agency, or its authorized agents, for the purpose of impounding animals under the
-authority of this ordinance or state law for care, confinement, return to owner, adoption or euthanasia.
C. At Large. Off the premises of the owner, and not under the restraint of the owner, his agent or member of his immediate family.
D. Owner. Any person, partnership or corporation owning, keeping, or harboring one (1) or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) or more consecutive days.
E. Public Nuisance Animal. Any animal that unreasonably annoys humans, endangers the life or health of other animals or persons, or substantially interferes with the rights of persons, other than its owner, to enjoyment of life or property. The term "public nuisance animal" shall include, but not be limited to, an animal that:
1. Is repeatedly found at large;
2. Damages the property of anyone other than its owners;
3. Molests or intimidates pedestrians or passersby;
5. Excessively makes disturbing noises, including but not limited to, continued barking, howling or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or other in close proximity to the premises where the animal is kept or harbored:
6. Attacks other domestic animals.
F. Restraint. When any animal is secured by a leash or lead under the control of its owner, agent or immediate member of the owners family, and obedient to that person's commands.
G. Vicious Animal. Any animal that attacks, bites, or injures human beings or other domestic animals without adequate provocation; or which because of temperament, conditioning, or training, has a known propensity to attack, bite, or injure human beings or other domestic animals without adequate provocation; or which threatens to attack, bite or injure a human being or other domestic animal without adequate provocation.
Section 2: Animal Control Officer
There is created in the city the position of animal control officer who shall also be the pound master. He shall enforce the provisions of this ordinance and shall be appointed by the Mayor with the consent of majority of Board of Alderman to hold office at the will of the Mayor. The remuneration of the animal control officer shall be fixed by resolution of the Board of Aldermen.
The animal control officer is granted all powers necessary to enforce the provisions of this ordinance, including but not limited to the following:
a) to impound, seize, pick up, and board animals;
b) to issue notice of impoundment;
c) to release any animal from impoundment to its owners upon payment of fees established by this ordinance;
d) to enter any property within the City Limits to enforce the provisions of this ordinance, with or without the permission of the persons owning or occupying such property;
e) to euthanize, kill, destroy, sell, or donate animals pursuant to this ordinance;
f) to report any violations of this ordinance to any member of the city police department or its attorney for issuance of a summons or information.
Section 3: Licensing
A. Every resident person who owns, controls, manages, possesses or has part interest in any animal four (4) months of age or older, kept any time during the year, or
every resident person who permits an animal four (4) months of age or older, to come upon, on or in, and to remain in or about his home, place of business or other premises in the area affected by this ordinance, shall obtain from the City Clerk, a one-year license for such animal. An applicant for an animal license for any such animal shall present to the City Clerk a certification of inoculation against rabies signed by a licensed veterinarian, which certificate shall have been executed some time during the previous thirty-six month period if a three-year type of vaccine is used or twelve-month period if a one-year type vaccine is used. In lieu thereof, if the holder of a kennel permit who owns such animal has personally administered a rabies inoculation to this animal, then prior to the issuance of a license, an affidavit shall be completed, signed and notarized attesting to the date of inoculation, the type of inoculation, and the length of inoculation. Such license shall be valid for the period of July first through June thirtieth each year. The fee for such one year license of $4.00 for each dog and $2.00 for every other animal shall be paid to the City Clerk at the time of application. There shall be no partial year or monthly permits, nor shall prorations of the amount of the fee be allowed.
B. The provisions of this section do not apply to owners of domestic animals if such owners are nonresidents temporarily within the city for a period not to exceed seven (7) consecutive days, or who bring animals into the city for the purpose of participating in a domestic animal show or a livestock show. Nor do the provisions of this section apply to owners of an animal properly and currently licensed by another municipality, except that this provision shall become void after the owner of the animal has lived in the city for a period of thirty (30) calendar days.
C. Upon application, and presentation of the inoculation certificate, the city shall issue to the owner a license certificate and a metal tag, for each animal so licensed. The tag shall have stamped thereon the number corresponding with the number on the certificate. Every owner shall provide each dog with a collar to which the license tag must be affixed and shall see that the collar and tag are worn at any time such animal is not on the owner's property. Owners of cats or other animals shall not be required to provide such animal with a collar, but any such animal picked up not wearing a collar and tag shall be treated as a stray. In case an animal tag is lost or destroyed, a duplicate shall be issued by the issuing officer upon presentation of the original certificate and payment of a $1.00 administrative fee. Animal tags shall not be transferable from one (1) animal to another.
Section 4: Kennel Permits
A. No person shall operate a kennel without first obtaining a permit in compliance with this section. No permit shall be issued except for kennels which are to be operated in areas properly zoned for that purpose.
B. The permit period shall run from July first to June thirtieth of every year. Renewal applications for permits may be made within sixty (60) days prior to the expiration date. Application for a permit to establish a new breeding animal establishment under the provisions of this ordinance may be made at any time.
C. Annual permits shall be issued upon payment of the applicable fee:
1. For each kennel authorized to house less than five (5) dogs and/or cats, fifteen dollars ($15.00);
2. For each kennel authorized to house five (5), but not more than forty- nine (49) dogs and/or cats, twenty-five dollars ($25.00);
3. For each kennel authorized to house fifty (50) or more dogs and/or cats, one hundred dollars ($100.00).
D. Every facility regulated by this ordinance shall be considered a separate enterprise, requiring all individual permits.
E. After an application is filed, the licensing authority shall inspect the facility prior to issuing the permit.
Section 5: Denial of License or Permit: Reapplication Restricted
A. If the applicant for a permit or license under this ordinance has withheld or falsified any information on the application, the licensing authority shall refuse to issue a permit or license.
B. No person who has been convicted of cruelty to animals, animal abuse or similar offenses shall be issued a permit or license to operate a commercial animal establishment or kennel.
C. Any person having been denied a license or permit may not reapply for a period of thirty (30) days. Each reapplication shall be accompanied by a ten dollar ($10.00) fee.
Section 6: Revocation of Licenses or Permits
A. The licensing authority may revoke any permit or license issued under this ordinance if the person holding the permit or license refuses or fails to comply with this ordinance, the regulations promulgated by the licensing authority, or any law governing the protection and keeping of animals.
B. Any person whose permit or license is revoked shall, within ten (10) days thereafter, humanely dispose of all animals owned, kept, or harbored. No part of the permit or license fee shall be refunded.
C. It shall be a condition of the issuance of any permit or license that the licensing authority shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for such inspection is refused, revoke the permit or license of the refusing owner.
Section 7: Animals in Kennels to be Kept Under Restraint and on Premises
Any animal housed in a kennel as outlined in Section 4 shall be kept under restraint and on the owner's premises at all times.
Section 8: Animals Running at Large
It shall be unlawful for the owner of any animal to let such animal run at large, whether licensed or not, at any time within the city.
Section 9: Public Nuisance Animal
It shall be unlawful for the owner of any animal to fail to exercise the proper care and control of his animal so as to prevent such animal from becoming a public nuisance animal.
Section 10: Vicious Animals
A. It shall be unlawful for any person to keep or harbor within the city any vicious animal, knowing the same to be vicious, unless the following requirements are met:
1. Except as hereinafter provided, all vicious animals shall be confined indoors in such a manner that will not allow such animal to exit the building or structure on its own volition.
2. No person shall permit a vicious animal to go outside the building or structure in which it is confined unless such animal is muzzled by a muzzling device sufficient to prevent such animal from biting persons or other animals, and either:
(a) Confined to a securely enclosed and locked pen or kennel with sides and a secure top attached to the sides, or
(b) Securely leashed with a leash or lead no more than four (4) feet in length, with the owner, his agent, or a member of the owner's immediate family in physical control of such leash or lead. Such
animals may not be leashed, chained or tied to inanimate objects such as trees, posts, buildings, etc.
3. All owners, keepers or harborers of vicious animals shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Vicious Animal." In addition, a similar sign is required to be posted on the kennel or pen of such animal.
B. The owner of any animal which attacks, bites or injures any human being or other domestic animal without adequate provocation, shall in addition to complying with the foregoing provisions, comply as follows: The owner of such animal must within seven (7) days after the date of such incident provide proof to the City Clerk of public liability insurance in a single incident amount of fifty thousand dollars ($50,000.00) and an aggregate amount of one hundred thousand dollars ($100,000.00) for bodily injury to or death of any such person or persons resulting from the ownership, keeping or harboring of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days' written notice is first given to the City Clerk.
Section 11: Disposition of Attacking. Biting. Injuring Animals
A. Any animal which attacks, bites or injures a human being or other domestic animal without adequate provocation, shall be taken up and impounded by the animal control officer at the animal shelter so designated by the city or licensed veterinarian of the owner's choice, for a period of ten (10) days, the expense thereof, to be borne by the owner of such animal.
B. If within such period of ten (10) days the animal develops symptoms of rabies, then it shall be killed in a humane manner.
C. If the animal does not develop symptoms of rabies at the end of such ten (10) day period, then it may be returned to the owner upon payment of boarding fees. The animal may be returned earlier if certified by a licensed veterinarian to be free of rabies.
D. If the owner does not claim the animal within three (3) days after the expiration of such ten (10) day period, it shall be disposed of as provided for in this ordinance all at the cost of the owner.
Section 12: Rabies Control - Generally
A. Every rabid animal or every animal exposed to rabies shall immediately be confined by the owner, who shall promptly notify the animal control officer. Thereafter, such animal shall be taken up and impounded by the animal control officer at the animal
shelter so designated by the city or licensed veterinarian of the owners choice, for a period of ten (10) days, the expense thereof to be borne by the owner of such animal.
B. If within such period of ten (10) days, such animal develops symptoms of rabies, then it shall be killed in a humane manner at the expense of the owner of such animal.
C. If such animal does not develop symptoms of rabies at the end of such ten (10) day period, then it may be returned to the owner upon payment of boarding fees. Such animal may be returned earlier if certified by a licensed veterinarian to be free of rabies.
D. If the owner does not claim such animal within three (3) days after the expiration of such ten (10) day period, it shall be disposed of as provided for in this ordinance, all at the cost of the owner.
Section 13: Same - Mayor's Proclamation
It shall be the duty of the mayor, whenever in his/her opinion the danger to the public safety from rabid dogs or cats is great and imminent, to publish his/her proclamation ordering and requiring all persons owning, keeping or harboring any dog or cat to securely muzzle or confine the same, for the period prescribed in the proclamation, and all dogs or cats not muzzled or so confined during such periods shall be presumed to be an abandoned or unowned animal.
Section 14: Impoundment
A. Animals not licensed pursuant to this ordinance or found not under restraint or abandoned, may be picked up and impounded by any police officer or animal control officer. Impoundment shall be in any animal shelter designated by the city and shall be at the cost of the animal's owner.
B. If the animal wears a license tag, or if the owner can by any other reasonable means be identified and located, the owner shall be notified by the animal control officer as soon as possible that the animal has been impounded.
C. If the animal is not redeemed by the owner by claiming the animal and paying all boarding and other fees within three (3) days after impoundment, the animal may be disposed of in one (1) of the following ways:
1. Euthanasia; or
2. Sell or donate the animal to any state funded, operated, licensed, or approved facility for research or like purposes; or
3. Release for adoption by a new owner who shows evidence of ability and intention to provide the animal with an appropriate home and humane care; provided that, no unspayed female dog or cat shall be released for adoption unless the spaying fee has been paid and a certificate issued by a licensed veterinarian certifying that the fee has been paid and that the dog or cat will be brought in for spaying within five (5) days, or if too young that it will be brought in for spaying at the age of six (6) months.
D. The animal control officer may charge a boarding fee for any animal impounded, to be paid upon redeeming or adopting an animal.
E. The intent of this ordinance is to require animal owners to comply with the law, not merely to operate an impoundment program. Police officers and the animal control officers shall, therefore, place primary emphasis upon the apprehending and initiating prosecution of violators.
F. Upon taking up and impounding any dog as provided in Section 6, the animal control officer shall immediately post a notice of impounding in substantially the following form:
NOTICE OF IMPOUNDING ANIMAL
Date: _______________________
Time: : m.
To Whom It May Concern:
I have on the above date and time taken up and impounded in the animal shelter of the City at _______________________________________ ,an animal answering to the following description:
Sex Color __________________ Breed __________________________
Approximate Age _________________ Type (dog, cat, etc.) ________________________
Name of Owner
Notice is hereby given that unless said dog is claimed and redeemed within three
— (3) days of the above date and time, the same will be sold or killed as provided by ordinance.
Signed ________________________________________
Animal Control Officer
G. The owner of any impounded animal shall be given such notice as follows:
a) If the animal control officer has personal knowledge as to the owner of the animal, notice shall be given to the owner by personally delivering the above notice to the owner or posting it on any door of the owner's last known residence;
b) If the animal is wearing a tag issued by the city, the animal control officer shall either personally notify the owner of such animal as reflected by the application for licensure corresponding to the numbered tag or post the above notice on any door of the residence of the owner as reflected on such application for licensure; or
c) Post the above notice at City Hall or the City Pound as designated by the Board of Aldermen.
H. Any dog may be redeemed from the pound by the owner within the time stated in the notice by the payment to the clerk of the license fee for the current year along with all of the fees provided by this ordinance.
I. The following facilities hereby are designated as the city animal shelters for the purpose of placing this ordinance in effect:
(1) The Adair County Humane Society, Kirksville, Missouri;
(2) Miles Dickson, DVM, Highland Veterinary Clinic, Milan, Missouri;
(3) Locust Creek Veterinary Service, Lisa Doak, DVM, Milan and Trenton, Missouri.
(4) Any other animal shelter designated by ordinance.
J. It is unlawful for any unauthorized person to break open the animal shelter or to attempt to do so, or to take or let out any dogs therefrom, or to take or attempt to take from any animal control or police officer any dog taken up by him in compliance with this ordinance or in any manner to interfere with or hinder such officer in the discharge of his duties under this ordinance. Violation of this section shall be deemed a Class B misdemeanor with the penalties as provided in Section 18.D. of this Ordinance.
Section 15: Limitations on Number of Animals
No person shall at anytime, keep, harbor, or own, at one (1) location within the city, more than five (5) animals over the age of six (6) months. This provision shall not apply to a lawfully licensed commercial kennel, or a kennel maintained in conjunction with a small animal hospital.
Section 16: Animal Care
A. No owner shall fail to provide his animals with sufficient wholesome and nutritious food, water in sufficient quantities, proper air, shelter space and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment.
B. All structures, pens or yards wherein animals are kept or permitted to be shall be maintained in a clean and sanitary condition at all times, devoid of all rodents and vermin and free from offensive or noxious smell or odor to the injury or annoyance of any inhabitant of the neighborhood.
C. No person shall beat cruelly, ill-treat, torment, overload, overwork or otherwise abuse an animal, or cause, instigate, or permit any dog fight, cockfight, bullfight, or other combat between animals or between animals and humans.
D. No owner of an animal shall abandon such animal.
E. No person shall crop a dog's ears or dock a dog's tail, except when such procedure is performed by a licensed veterinarian.
F. No person shall give away any live animal, fish, reptile, or bird as a prize for, or as an inducement to enter any contest, game, or other competition, as an inducement to enter a place of amusement, or as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade.
G. Any person who, as the operator of a motor vehicle, strikes a domestic animal, shall stop at once and render such assistance as may be possible, and shall immediately report such injury or death to the animal control officer, and to the animal's owner. If the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency.
H. No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be likely to be eaten by any animal, provided it shall be lawful for a person to expose on his property common rat poison mixed only with vegetable substance.
I. No person shall keep or harbor a cat which habitually cries between the hours of 10:00 p.m. and 6:00 a.m. No cat owner shall permit the cat to damage any lawn, garden or other property.
J. No person owning, keeping or harboring any female animal shall permit such animal while in heat to run at large, and every person shall, during the time such animal is in heat, keep it securely confined and enclosed on his premises.
Section 17: Animal Waste
The owner of every animal shall be responsible for the removal of any excreta deposited by his animal on public walks, recreation areas, the public right-of-way, or private property.
Section 18: Enforcement
A. It shall be unlawful for any person to fail to comply with the terms of this ordinance, or to interfere with an animal control officer in the performance of his duties.
B. Any animal found to be the subject of a violation of this ordinance shall be subject to immediate seizure and impoundment.
C. Any person violating or permitting the violation of any of the provisions of Section 10 pertaining to vicious animals shall be guilty of a Class A misdemeanor and shall, upon conviction, be fined not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00) for each violation, or confined for a period of not more than one year, or punished by both such fine and imprisonment. In addition the court shall order the license of the subject animal revoked, and the animal removed from the city. Should the defendant refuse to remove the animal, the court shall find the defendant in contempt, and order the immediate confiscation and impoundment of the animal.
D. Any person violating or permitting the violation of any other provision of this ordinance shall be guilty of a Class B misdemeanor and, shall upon conviction, be fined not less than fifty dollars ($50.00) or not more than five hundred dollars ($500.00) for each violation, or confined for a period of not more than six months, or punished by both such fine and imprisonment.
E. Any person violating or permitting the violation of the provisions of Section 17 pertaining to animal waste shall be guilty of an infraction and shall, upon conviction, be fined no more than two hundred dollars ($200.00) for each violation.
F. In addition to the foregoing penalties, any person who violates this ordinance shall pay all expenses, including shelter, food, boarding, impounding, handling, seizing, picking up, veterinary care, euthanizing, killing, or otherwise disposing of animals, and
testimony necessitated by the enforcement of this ordinance. The animal control officer may require payment of these expenses by the owner prior to releasing any animal from impoundment. The amount of such fees shall be no more than $10 per hour of the officer's time. All such costs shall be approved by the judge hearing any offense hereunder and shall be taxed as costs as in all other municipal ordinance violation cases.
G. Except with respect to knowingly keeping or harboring a vicious animal, violations of this ordinance shall not require any particular state of mind on the part of the defendant, it being the intent to make all such violations of this ordinance strict liability offenses.
Section 19: Definitions
Unless otherwise designated, or unless the contest requires a different definition or application, the definition or application of legal terms or phrases shall be as defined or applied by state statute or rules of court.
Section 20: Repeal of Conflicting Ordinances
That all ordinances and parts of ordinances in conflict herewith are hereby repealed.
Section 21: Effective Upon Passage
That this ordinance shall be in full force and effect from and after its passage.
PASSED AND APPROVED this 3rd day of March , 1997.
Eldon Head (signature)
Eldon Head, Mayor
ATTEST:
Sally Grieger (signature)
Sally Grieger, City Clerk
(SEAL)