HomeMy Public PortalAboutORD13583 SUBSTITUTE 2
Passed as Amended
BILL NO. 2003-27
SPONSORED BY COUNCILMEN _KIin(jL&_Wo12(
ORDINANCE NO,
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 5
OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI PERTAINING TO VICIOUS
ANIMALS.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section I. (Aiaplct-5.Sec,5-4 Definitions.\1 i'cious,A nin un 1.oft I it,Co(le off lie Ci ly ofAc fl*crson is hereby
amended as l'ollows:
See. 5-4 Definitions.
Vicious Animal: LAcept as provided in (0), if-ious animal means any animal which:
0) Has causc(l Icu►l,or serious injury to n c c
in activity;
(2) l hIN, %,I, MCI 01 11101%,Oc"mmmWithin a J-� Ih III Httell MitlicytirTIMMM16
(3) Has-, 011 hr0 01 1110 i+iI I a 12 111 Mth I'm im!, C-v.TFr-TITz-j)I 01TI ly-H,-its MT I I C I (I I ILI►
Han blittil 01 OffiCk Whe Imijoired amy I)ea sn"r 4t!c
(2) Auv noinial with it known urooensi(v.tendenev or disnosiflon to attack uncirovo-ke(!,to
Injury to,or otherwise airaLunjile- afety of litinum I)eIn m or domestic amilmah; or
(3) Anv animal which, without invocation, attacks or bites, or fills attacked or bitten• a human
beine or domestic animal; or
(,a) 1 las been trained im lighting or is owned or kupl I'm-the purpose offighting; or
m in or
__(5) Causes any jDers.Qn (4)finve a Lc s
- ip mouWaLeAnir of humediale serious physical lidury.
—I,fi)—_No doe may be deemed it vicious animal under this ordinance It a threat,hilury or damage was
sustained by it mrson who.at the time,was c9quinittina it willful fusnim,or oilier tort upon tilt
C M)Filch Coulwl 01,111milech 200I.O.'7subst.1 y,j
SUBSTITUTE 2
(gassed its Amended
aremises occunled by the owner or keener of the dog,or If a nerson at the time of such threat.
lniury or damage was teasina.tormentina.abusing or assaultlne the doer,or was threatenintt or
committing an atissult or other bodily harm to the owner.the owner's or keeuer's immediate
fomily or their Invitees:furthermore.dons used by commissioned offlcefs for law enforcetu>,ent
hAunt be dggtned vie ous animggls for ournose3 tt this grdinitlnee.
&Qfion 2. Chapter 5, See. 5-18, Animals Disturbing the Peace, of the Code of the City of
Jefferson is hereby amended as follows:
Sec.5-18. Animals Disturbing;the Pence.
No person shall own, keep, harbor, or allow to be in or upon his pretnisvi any animal which, by howling,
barking;,baying;or yelping;,shall disturb the pence of any person after s9ojL c glemand to cease the diwutrb¢ncc has
been disuggarded by the owner or keener thereof, , Nvr-shaFl-rmy < .
Srr cntim-miy nmma#nH:rrrgcmcrs;vrciorm, ngcMIMI,Vicrc,rrs;m-•ff-rem. .
mt-nni < �ee4 er-ixm�n rre�emmitrr�s-trr atmzh-pc,rcnnsc�r c�ttrer;rrrim rf s-f -icfence�l»
maq tHc#rreincle-t utirr MM•ifmnrd in, ntFpc11011M have nvrtrymcd t it,-nctin Ill Iim 1141-At
imiclentr.11VOlvi , < '�thecr1rtditicImsit! iidmhcarrrmlihi<m-r. kcpt.
Section3. ('hapter 5,Sec,5-1().Vicious Aninials,of the Code oi'the City o0ciierson is hereby repealed
in its entirety and repkiced with the ibllowing;:
Sec. 5-19. Vicious Anin►als.
A. fide-I tkcc17itin-tic+-'i "Mil 11 r .
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. H . . hr tjrofhrcrrcrrthrmttrricrzfcr+c:rt sm�fYre
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A. No person shall own, keel), harbor or allow to be in or upon his premises any vicious animal
unless it is confined in accordance with the provisions of this section.
It. Vicious animals shall be securely confined Indoors or in a securely enclosed and locked keruiel
or cage.
/. The kennel or cage sliall be Oil size appropriate to file size of the aninial kept therein
and shall provide adequate ventilation, shade fron► the sun and protection front the
elements. In the event of a dispute over the appropriate size, the guidelines of the
United States Department of Agriculture shall apply.
SUBSTITUTE 2
Passed as Amended
2 The kennel or cage most have secure sides and it secure lop rttlaebed to the sides. Such
kennel or cage must have a secure botom ur Iloor attached Io lire sides or the sides
n►usl be embedded in the ground.
a. The keimel or cage most he locked with a kev ur combination lock when such anirmnls
rr►•e within the st•uclure.
4. Any such kennel a►r cake must he located at least ten (10) feel i'rom any propel'O. line
111111 nnust connpl.s. tslth all nrtring and huflding regulations of the ('ilk'.
5. Kennels for vicious animals nand he al Itvtsl six(6) feet in height and, unless it secure
bottom or Iloor is attached to the sides, the sides must he embedded in file ground no
less than two (2) feet.
G. _nett r:�rinsrrrr�snvrrr�ry r, - vehich•►r.sed to_�•urr im,a vicious animal►►east he I_nrl ed or
_ _ ��. :r-_— -
~ otherwise secured a utinst arvidental vale h ,peoph,are dintic fir anittuds►while ihr ill ill ous
anintal is within. A'olivilhslandirce Il►r proviviolus o "Vectirnrs 5-15 and•S-/h, horrsin �n
vicious till inurl in a rr1hich, rn nn u►.cr.w ulhi r Nurn Irons/rarl.w/rat/be a vin/nlin{r a 'lire sr
-_-- �� a_ __
movisions re r Ill it-in g uttegyalr,con rl►rnrent o1 ant. vicious«nimal.
Cl. When confined indoors, no vicious animal may be kept on a porel►, patio or in ally part of a
house, building or• structure that would allow (he animal to exit such building on its own
volition. No such rurimal may he kept ill a house, building or structure when the windows are
open. No vicious animal may lee kept in a house, building or structure when screen windows of'
screen doors are the orrly obstacle preventing the animal from exiling; the structure.
1). No person shall permit a vicious animal to go outside its kennel.cage or secure structtre unless
that person has the animal securely leashed no it leash no longer than four(4)I'm in length and
that person has physical control of the leash. Soch animals shall not be lied to stationary objects
such as railings, fences, trees, posts, or huildings. Addilionallp, all such animals on a leash
outside the animal's kennel, cage of- secure structure ailed be muzzled by a muzzling device
sufficient to prevent the animal from biting persons or other anl►nals.
G:. A sign or signs, ritten in legible knuli.shA shall be conspicuously posted upon the kennel or cage
of ally vicious animal wilh letters at leas) two (2) inches Irigh Containing a warning to beware
of lt►e vicious a►►inrrrl.
1 . All owners keepers or harborers of ally vicious animal must maintain ill effect public liability
insurance in it single incident amotml of not less than one hundred thousand dollars
($IIi0,0(111.1111) for bodily fn,jurN•to or death of'ally person or—persons,or for•damage to property
owned by ally persons which 11111), result front file ownership, keeping or maintenance ol'such
animal. "III owners,keepers or har•borers of vicious aniimtls shrill present to the animal control
officer it statement Certifying Ilia[they have the required insurance police in effect.Certification
of the insurance required by the ordinance shall be submilled within 10 days following the
animal control officer's request.finch insurance police shall provide thal no cancellation of Ibe
poliu will he made unless ten (111) days' swrillen notice is first given to file animal control
officer.
G. Upon conviction of and•person ohi violation of i b i s section,the nrunicipaljudge►Tray,fn addition
� �hi dr..founul lhJu:.m„�:uu�.q:'.ui.l.'„dal
SUBSTITUTE 2
Passed as Amended
to the usual Judpnu�nt upon Coll Oct loll,order the aninud control officer I forthwith take tli►and
pill to deaith such vicious anlnlal.
I1. Any case filed under this section shall l;o to the top of flee docket i11 the III till icipatl court lead shall
hatve priorlly over office,enalters.
1. if it person is hitteu by all anhual,upon written complaint to file aaainaal control officer en•ally
police officer,such uninlul shall he inuuedfalely placed in (fie city shelter 1111111 such (hare That it
can he delivered to it veferinarian's office or confined in an animal hospital for a period of tell
days for observa(lon►. If the owner of'such animal wishes it to be held ill all aninud hospital, he
shall make request in t%ritini; to the officer lakiug chau-ge or such a ninaaai, and file officer ruety
deliver the aaninral to an animal hospftaal after atr•rangenienis for the expcuse for keeping and
caring for such aniniatl are agreed npoo by the owner of(fie anl►ual anal file man agement of the
11111111111 hospital.It'such animal is placed in an anhnai hospital and found to be fn normal health
after ten clays,the owner 11111),redeem such surinut! by paying all fees to the animal hospital and
(fie cost of food as this article provides and medical a"penses. If the owner does not redecnr such
animal after ten days it shall lie the dtnty of tttc arairnal control officer to dispose of file animsl
under this article.
Ord. No. 9509, § 1(Art. 11, §6), 9-15-80; Ord, No. 9697, Q I, 11-2-81)
State law reference- Penalty for ordinance violations, HSMo. § 77.590.
Section 4. A new section Chapter 5, Sec. 5-24, Vicious Animals, of the Code of
the City of Jefferson is hereby inserted, and the current Sec. 5-24 through 5-27 shall be
renumbered accordingly. New Sec. 5-24 is as follows:
Sec. 5-24. Animal Identification.
A.The director shall have file authority to permmlientl),nrau•k or ideatif;y any nilnual that is or has been
fit the director's custody by means of the implanlation of an electronic device,such as a microchip.
B. Any vicious animal owned or kept by ally person convicted of violating; this ordinance shall be
delivered to the director for perimment identification or marking. The municipal court shall have
continued Jurisdiction subsequent to conviction to enforce the provisions of Ibis section.
C.Refusal to suhnril at vicious animal for permanent identification or marking pursuant to Ilik ordinance
Is a separate violation thereof.
1). The Director's cost of permanent marking; or identifying; ;ua animal shall be borne by the owner
thereof, and shall be paid upon redemption of the animal.
E. It shall he it violation of this ordinance for any person other than the Director to tamper with,efface,
disable,or remove the Director's mark or other form of identification on it vicious animal.
SUBs'1'1T1JTE 2
Passed as emended
Se t'on . This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: ( i �1 - ` r Z---- Approved:,
7771
` residing Officer Mayor
APP VIED A/SO//✓)FORM:
ity CI City Co nselor
4