The URL can be used to link to this page

Home My Public Portal AboutORD14142 BILL NO. 2006-116 • SPONSORED BY COUNCILMAN Crane i ORDINANCE NO. I I r AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 5 (Animals), SECTION 4 (DEFINITIONS), OF THE CODE OF THE CITY OF JEFFERSON. 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), of the Code of the City of Jefferson, Missouri, is hereby deleted, and a new section is enacted in lieu thereof, as follows: CHAPTER 5 ANIMALS Sec. 5-4 Definitions. For the purpose of this chapter,the following words and phrases shall have the meaning respectively ascribed to them by this section: • Animal: Every living vertebrate except a human being. At large: An animal shall be"at large" when off the property of the owner and unleashed. Cat: Any member of the feline(genus felis)family over three(3)months of age. Director: The Director of Community Development or a duly authorized agent or employee. (Ord.No. 13301, §3, 11-5-2001) Doe: Any member of the canine(genus canis) family over three(3)months of age. Euthanasia: To put to death in a humane way. Exposed to rabies: Any animal,whether vaccinated for rabies or not,which has had any physical contact with a rabid animal as determined by the Missouri Department of Health. Ferret:Any member of the mustelid family whose size ranges from 1 to 5 pounds;a derivative from the Steppe and European polecats domesticated over 3,000 years ago by the Egyptians. Impound: To take into custody any animal,for the purpose of confinement. Kitten: Any member of the feline(genus felis)family under three(3)months of age. Livestock: Any horse,cow,pig,hog,sheep or goat. • Owner: In addition to its ordinary meaning,any person,who keeps or harbors an animal or professes to be owning,keeping or harboring an animal. Pup: Any member of the canine(genus canis)family under three(3)months of age. TaQ. Any object,regardless of shape or size,bearing a registration number and year,and the words"registered and vaccinated for rabies,"issued by a practicing licensed veterinarian. Trap: Any mechanical device or snare which seeks to hold,capture,or kill an animal. • Traonina The setting or laying or otherwise using of a trap. Vaccination-registration: The vaccination for rabies and issuance of an appropriate certificate,by a practicing licensed veterinarian. (Ord.No. 9509, § 1(Art.I, § 1),9-15-80;Ord.No. 10012,§ 1,81-83;Ord.No. 11904, §4,5-17-93) Vicious Animal:Any animal which; (1) Has caused death or serious injury to a person engaged in a lawful activity; (2) Any animal with a known propensity,tendency or threaten or to disposition to attack unprovoked,to cause injury to,or otherwise threaten the safety of human beings or domestic animals;or (3) Any animal which,without provocation,attacks or bites,or has attacked or bitten,a human being or domestic animal;or (4) Has been trained for fighting or is owned or kept for the purpose of fighting;or (5) Causes any person to have a reasonable fear of immediate serious physical injury. Has been determined to be vicious by the Municipal Judge or pursuant to the procedures set forth in this chapter f-6)L71 No dog may be deemed a vicious animal under this ordinance if a threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass, or other tort upon the • premises occupied by the owner or keeper of the dog,or if a person at the time of such threat,injury or damage was teasing,tormenting,abusing or assaulting the dog,or was threatening or committing an assault or other bodily harm to the owner, the owner's or keeper's immediate family or their invitees;furthermore,dogs used by commissioned officers for law enforcement shall not be deemed vicious animals for purposes of this ordinance. (Ord.No. 13583, §1,7-21-2003) Section 2. Chapter 5 (Animals), Section 19 (Vicious Animals), of the Code of the City of Jefferson, Missouri, is hereby deleted, and a new section is enacted in lieu thereof, as follows: A. The owner or possessor of any vicious animal shall provid e the city with the name and address of the owner or possessor of the dog•the address of the location where the duo is kept,and color photograph of a size not less than three inches by four inches of the dog. 7t.B. No person shall own,possess keep,harbor or allow to be in or upon his premises any vicious animal unless it is done in conformity with this chapter. confined in acco.darice wifli die pmvisions of section. — — — $- 1. Vicious animals shall be securely confined indoors or in a securely enclosed and locked kennel or cage. a. The kennel or cage shall be of a size appropriate to the size of the animal kept therein and shall provide adequate ventilation,shade from the sun and protection • from the elements. In the event of a dispute over the appropriate size, the guidelines of the United States Department of Agriculture shall apply. -2. b. The kennel or cage must have secure sides and a secure top attached to the sides. Such kennel or cage must have a secure bottom or floor attached to the sides or the sides must be embedded in the ground. +-c. The kennel or cage must be locked with a key or combination lock when such • animals are within the structure. d. Any such kennel or cage must be located at least ten(10) feet from any property line and must comply with all zoning and building regulations of the City. f e. Kennels for vicious animals must be at least six(6) feet in height and, unless a secure bottom or floor is attached to the sides,the sides must be embedded in the ground no less than two(2)feet. 6—L Any enclosure,structure,or vehicle used to confine a vicious animal must be locked or otherwise secured against accidental entry by people or domestic animals while the vicious animal is within. Notwithstanding the provisions of Sections 5-15 and 5-16,housing a vicious animal in a vehicle for purposes other than transport shall be a violation of these provisions requiring adequate confinement of any vicious animal. g. Should any enclosure,structure,or vehicle used to confine a vicious animal fail to confine the vicious animal or allows escape,there shall arise a rebuttable presumption that owner has failed to take adequate measures to confine the vicious animal in accordance with this ordinance. E.2. When confined indoors,no vicious animal may be kept on a porch,patio or in any part of a house, building or structure that would allow the animal to exit such building on its own volition. No such animal may be kept in a house,building or structure when the windows are open. No vicious animal may be kept in a house,building or structure when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure. • 1}3. No person shall permit a vicious animal to go outside its kennel, cage or secure structure unless that person has the animal securely leashed on a leash no longer than four(4)feet in length and that person has physical control of the leash. Such animals shall not be tied to stationary objects such as railings,fences,trees,posts,or buildings. Additionally,all such animals on a leash outside the animal's kennel,cage or secure structure must be muzzled by a muzzling device sufficient to prevent the animal from biting persons or other animals. F.4. A sign or signs,written in legible English,shall be conspicuously posted upon the kennel or cage of any vicious animal with letters at least two(2)inches high containing a warning to beware of the vicious animal. F.5. All owners keepers or harborers 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 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 controi ofFierrDirector. Failure to provide the insurance oP licy as prescribed herein shall authorize the animal control officer to confiscate said animal to be confined in the city animal shelter until such insurance is produced or upon the expiration of 20 days at which time the animal control officer may put the animal to death provided that the doo&shall not be out to death until at • least 10 days after Notice of the action is served on the owner. L The owner may re uest a hearing before the Director to review such a decision,provided that such request must be made within 10 days. If such a request is made,the Director shall promptly set a hearing on the matter. The hearing shall be conducted by the Director and shall be determine whether under the terms of this Chapter the animal in question is vicious • .ii.In determining whether the owner has the required insurance,the Director may consider all relevant evidence. iii.Anv eo rson aggrieved bi a decision of the Director may appeal his decision to the Circuit Court of Cole County. 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 ug and held by the Director until such time as the Director is satisfied that the owner or possessor has met the requirements of this chapter. 1.Anv ep rson having or claiming ownership or possession of a vicious animal,which the Director has ordered to be taken us 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 5($ 0.00),nor more than Five Hundred and no/100 Dollars 5($ 00.00). 2.The costs of g1ring for any animal taken uR pursuant to this sub-section shall be borne by the owner,at the usual rates charged by the City,unless there is a subsequent findin that the animal was unlawfully seized. 6. &POn CO.Tv ictiml Of 2MY PCI 3011 Of a v iolation of this Section, tile Inanicipai j adge 11MY,ill addition to the asmaijadgment opun conviction,mde, die anitnai contiol office. to forthwith take tip mid H. D. Any case filed under this section shall go to the top of the docket in the municipal court and shall have priority over other matters. I. E. If the animal control officer has cause to believe than an animal is a vicious animal,as defined in this chapter,due to an attack or biting incident,then the animal control officer,in his discretion and in the interest of public safety,may immediately confiscate said animal to be confined in the city animal shelter for a period of ten days,except as provided in subsection 2. 1. If the animal has not been previously marked in accordance with the provisions of this chapter, the Director may mark such animal as provided in Section 5-24. 2. Upon written request of the animal's owner,any animal confined under this section may be transferred to a licensed veterinarian or animal hospital for the remainder of the observation period. The animal's owner is responsible for all costs associated with the observation period,including but not limited to boarding,food,fines,expenses,and/or fees,and in no case shall the City be held responsible for these or any other costs associated with this subsection. 3. Whether the animal is confined with a licensed veterinarian,animal hospital,or the city animal shelter,if the observation period is completed without incident,the animal may be released to the owner following full payment of all court costs,fines,fees,and/or expenses associated with the confinement. However,the owner may not remove the animal from the city limits if a case regarding the attack or biting incident is still pending in municipal court. . 4. Animals left unclaimed more than ten(10)days following the observation period will be disposed of at the discretion of the Director,unless the municipal court has ordered that the animal continue to confined,in which case the animal may only be released to the owner following disposition of the municipal court case. 5. Any animal confined pursuant to this subsection shall be subject to the provisions of • Article II of this Chapter. F. If the Director has cause to believe than an animal is a vicious animal,as defined in this chapter, then the Director may,in his discretion and in the interest of public safety,declare the animal to be a vicious animal,provided however that any such order shall not be effective until at least 10 days after notice is served on the owner. 1.The owner may request a hearing before the Director to review such a decision, provided that such re guest must be made within 10 days.If such a request is made, the Director shall promptly set a hearing on the matter.The hearing shall be conducted by the Director and shall be to determine whether under the terms of this Chapter the animal in nuestion is vicious. 2.In determining whether the animal is vicious,the Director may consider all relevant evidence,including the size and breed of the duo and the history of the dog. 3.Anv ep rson aggrieved by a decision of the Director may appeal his decision to the Circuit Court of Cole County. G.Upon conviction of any person of a violation of this section,the municipal judge may,in addition to the usual judgment upon conviction,order the animal control officer to forthwith take up and put to death such vicious animal. Ord.No.9509,§ I(Art. II, § 6),9-15-80;Ord.No. 9697, § 1, 11-2-81;Ord.No. 13583,§3,7-21-2003;Ord.No. 13588,§ 1,8-18-2003) State law reference-Penalty for ordinance violations,RSMo. § 77.590. • Section 3. This ordinance will be in full force and effect from and after the date of this passage and approval Passed: �Yl Approve Pre 'din Officer or ATTEST: APP OVED S TO FORM: CXy Clerk City Counselor