HomeMy Public PortalAboutORD09697 I
BILL NO.
INTRODUCED BY COUNCILMAN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING
SECTION 6, CONTAINED IN ARTICLE II, OF ORDINANCE NO. 95099
RELATING TO KEEPING OF DOGS, CATS, AND OTHER DOMESTIC ANIMALS
AND ENACTING A NEW SECTION 6, ARTICLE II, RELATING TO THE SAME
SUBJECT MATTER.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
SECTION I. Section 6 of Article 11, Ordinance No. 9509, is hereby
repealed and a new Section 6 is enacted to read as follows:
Section 6. VICIOUS ANIMALS.
a. Harboring. It shall be unlawful for any person to own, keep,
harbor, or allow to be in or upon his premises any animal of a
dangerous, vicious, or ferocious disposition. A dangerous, vicious, or
ferocious animal shall be an animal that has attacked, or shown
propensities to attack persons or other animals. Evidence that may be
considered by the Municipal Judge and City enforcement personnel may
(� be, but not limited to, testimony of persons who have witnessed the
actual behavior of said animals, past incidents involving said
animals, size of the animals, the conditions in which the animals are
kept, and the breed of the animal.
b. Emergency Abatement. If City enforcement personnel, as desig-
nated by the City Administrator, shall be notified of a vicious animal,
and upon investigation shall find the vicious animal running at large,
the designated enforcement personnel shall have full authority to kill
the dangerous, ferocious, or vicious animal. Before killing said
animal, the enforcement officer shall make certain of identification as
is practical under the circumstances, and shall also first determine if
capturing the animal is reasonable. However, the enforcement officer
shall not put himself in any position of danger of being attacked.
Identification of the animal as dangerous, ferocious, or vicious shall
include an independent appraisal of the disposition of the animal by
the enforcement officer and as is practical under the circumstances.
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c. Administrative Abatement. Persons aggrieved, threatened, or
fearful of a dangerous, ferocious, or vicious animal present in
proximity to their homes or residences may file a written complaint
with the Code Enforcment Officer of the City for an order declaring an
animal to be dangerous, ferocious, or vicious. If an owner of said
(� accused animal can be reasonably located, the owner shall be notified
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of said complaint. Upon receipt of the complaint, the Code Enforcement
Officer shall hold a hearing as soon as is reasonable and shall hear
evidence as to the disposition of the subject animal. ,Should the Code
Enforcement Officer determine that the subject animal is dangerous,
vicious, or ferocious, he shall issue an order to appropriate City
personnel requiring that the animal be killed if found running loose.
If the owner of the subject animal proposes a plan of disposition of
the subject animal agreeable to the Code Enforcement Officer, he shall
withhold his determination while said plan is executed. If the plan is
executed, the Code Enforcement Officer may dismiss the complaint. If
the Code Enforcement Officer shall determine that the subject animal
should be immediately destroyed, he shall petition an appropriate
court for an order requiring the owner of said animal to surrender
custody of the subject animal in order that the Code Enforcement
Officer, or his designee, may destroy the animal.
d. No Limitation on Private Rights. Nothing herein shall be
deemed to limit the rights of persons to protect themselves, or to seek
lawful relief.
e. Penalties.
1. Fines and jail. Sentence. In the case of a conviction in
Municipal Court, the Court shall fine the owner of a dangerous,
ferocious, or vicious animal the following:
a. First offense - $100 fine
b. Second Offense - $300 fine or destruction of the
animal
c. Third Offense - $500 fine
I� All such fines shall be a minimum fine and no portion of said fine
shall be suspended or stayed. Neither shall the Municipal judge
suspend imposition of sentence.
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f In addition to said fines, the Municipal Judge may sentence the
owner to jail for a term not to exceed ninety (90) days.
2. Destruction of Animal. Upon a third conviction under this
ordinance, in addition to fines or jail sentence as set out in (a) above,
the Municipal Judge shall order the destruction or disposition of the
subject animal. If the owner of the subject animal shall refuse, the
Municipal Judge shall hold the owner in contempt of Court. Notwithstand-
ing anythixig to the contrary herein, should the owner of a subject
animal offer a plan of disposition of the subject animal agreeable to the
Court, the Municipal Judge may suspend or stay all or a portion of the
sentence as the Court deems appropriate, and may suspend imposition of
sentence.
f. Priority. Any case filed under this Ordinance shall go to the
top of the docket in the Municipal Court and shall have priority over
other matters.
SECTION 2. This Ordinance shall be in full force and effect from
and after its passage and approval.
Passed �lam..... ,. o(, / 98/ Approved 1 l�f�r 1
resi ent of the Co cil Payor
ATTEST
i City JV,1erk