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HomeMy Public PortalAboutORD14600 SUBSTITUTE BY COUNCILMAN PENFOLD PASSED AS AMENDED BILL NO. 2009-88 SPONSORED BY COUNCILWOMAN Carroll ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE TERM PROVOCATION IN CHAPTER 5 AND CLARIFYING THE APPEALS PROCESS IN SECTION 5-19. NOW THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 5(Animals) Section 4(Definitions) is amended bythe addition of a new section as follows: Provocation:Means that an animal may be provoked only if it bites a ep rson over 7Vears of age, immediately after the ep rson who is bitten causes,or attempts to cause,the animal to experience physical pai lLProvneationsh all not existifthe ep rson causing,orattemptineto cause the animal physical pain is doing so as a result of a reasonable belief that the animal intends to cause the person or another ep rson imminent inert Section 2. Chapter 5 (Animals), Section 19 (Vicious Animals) Subsection B(5), of the Code of the City of Jefferson, Missouri, is hereby amended, as follows: 5. All owners keepers or flat borers of any vicious animal must maintain in effect public liability insurance in a single incident amount of not less than one hundred thousand dollars ($100,000.00)for bodily injury to or death of any person or persons,or for damage to property owned by any persons which may result from the ownership,keeping or maintenance of such animal.All owners,keepers or harborers of vicious animals shall present to the animal control officer upon request of the animal control officer a statement certifying that they have the required insurance policy in effect.Certification of the insurance required by the ordinance shall be submitted within 10 days following the animal control officer's request. 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 animal control officer Director. said animal to b,mifined in the city animal iheltm antil such insmance is pinduced m p,,n the exphatim oF20 day,at mitich time the animal cm.h.1 afficn may p&the animal to denth ii ic.,ed m� themnmer. mnside. .11 telcvnnt evidence. SUBSTITUTE BY COUNCILMAN PENFOLD PASSED AS AMENDED Section 3. Chapter 5 (Animals), Section 19 (Vicious Animals) Subsection C, of the Code of the City of Jefferson, Missouri, is hereby amended, as follows: C. Any vicious animal which is found within the City limits which is not being kept in a manner which is not in compliance with this chapter,or for which the requirements to keep a vicious animal have not been conformed to,shall be immediately taken up and held by the Director for at least 10 days or until such time as the Director is satisfied that the owner or possessor has met the requirements of this chapter. Failure to comply with this chapter shall authorize the Director to destroy the animal. 1. Any person having or claiming ownership or possession of a vicious animal, which the Director has ordered to be taken up and held under the provisions of this sub-section,shall upon request immediately deliver the animal to the Director.Failure to deliver the animal as required herein shall be a violation of this code,punishable by a fine of not less than Fifty and no/100 Dollars($50.00),nor more than Five Hundred and no/100 Dollars($500.00). 2.The costs of caring for any animal taken up pursuant to this sub-section shall be home by the owner,at the usual rates charged by the City,unless there is a subsequent finding that the animal was unlawfully seized. 3. The owner may re uest a hearing before the Director to review the decision that the owner has not complied with the requirements to keep a vicious animal, provided that such rear uest must be received by the Director within 10 days of the date that the animal is taken M by the Director. If such a request is made, the Director shall promptly set a herrin on the matter. The hearing shall be conducted the Director and shall be to determine whether under the terms of this Chapter the owner is in complimue with all requirements under this chapter for keenly a vicious animal. 4.In determinine whether the animal is being kept in complimice with this chapter,the Director m:w consider all relevant evidence. 5. ep rson aeerieved b a decision of the Director may appeal his decision to the Circuit Court of Cole Coun . Section 3. This ordinance will be in full force and effect from and after the date of this passage and approval. Passed: 4 a?, 12W, Approved: "(1d6l !j'2601? Ai r y,. Presiding Officer !Mayor ATTEST: APP VED TO FORM: x1�V /1a.e 110 V;y�eLz.� City Clerk /� City Counselor