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
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Presiding Officer !Mayor
ATTEST: APP VED TO FORM:
x1�V /1a.e 110 V;y�eLz.�
City Clerk /� City Counselor