HomeMy WebLinkAbout1984-41 - Amendments to Chapter 5 of the Municipal CodeBILL N0. 84-41
ORDINANCE N0. 84-41
AN ORDINANCE REPEALING CHAPTER 5 OF THE CODE OF THE CITY OF
RIVERSIDE, MISSOURI, AND ENACTING IN LIEU THEREOF A NEW CHAPTER
5 ENTITLED ANIMALS AND FOWL.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
RIVERSIDE, MISSOURI, AS FOLLOWS:
Section 1. Chapter 5 of the code of the City of Riverside,
Missouri, is hereby repealed.
Section 2. A new Chapter 5 of the code of the City of
Riverside, Missouri, is hereby enacted and shall read as
follows:
ANIMALS AND FOWL
5.1 DEFINITIONS
For the purposes of this chapter, the following definitions
shall apply:
(a) "Abandoned" An animal is abandoned if it is not
wearing a required license tag or if it is seen
causing a nuisance and is not under the apparent
control of any person;
(b) "Animal" means any types of animals, whether
domesticated or wild and whether male of female, and
includes all mammals, reptiles, birds and fish;
(c) "Animal Control Officer" means any officer of the
City appointed by the board to assist in the
enforcement of this chapter and carry out the
requirements hereof. If no Animal Control Officer has
been appointed by the Board, then Animal Con trol
Officer means Chief of Police;
(d) "Keep" means own, control, harbor, or have charge of
any animal, and shall include the habitual lodging or
feeding of an animal within or upon premises owned or
possessed by any person;
(e) "Owner" means any person who keeps any animal;
(f) "Rabies" shall mean hydrophobia;
(g) "Restraint" shall mean that an animal is confined on
the property of its owner or securely fastened to a
leash held by a person.
(h) "Vaccination" means immunization to prevent rabies;
(i) "Vicious" means any tendency to injure persons,
whether from anger, viciousness or playfulness, and
includes a natural fearfulness or disposition to
mischief which might occasionally lead to an attack of
a human being without provocation. Any animal which
bites or causes abrasion to the skin of any person
shall be considered vicious.
5.2 DUTIES OF ANIMAL CONTROL OFFICER
The Animal Control Officer (hereinafter referred to as
"A.C.O.") shall have the duty to enforce the provisions of this
chapter and to perform such other duties as the board shall
direct. The A.C.O. shall keep a written record of all official
transactions involving the receipt or expenditure of funds,
which record shall be available for public inspection. The
A.C.O. may be assisted in the performance of enforcement duties
by the City Police Department.
5.3 LICENSING OF DOGS
No person shall keep any dog over twelve (12) weeks old
within the City unless the dog is licensed.
(1) Term and Penalty. All dog licenses shall be issued
for a term of one (1) year commencing on January 1st
of each year. Any person who fails to obtain a
license on or before February 1st of any year, or in
the case of a new resident or recently acquired dog,
within thirty (30) days after such new residency is
established or acquisition, shall be required to pay a
penalty of Fifty Cents ($.50) for each month or
fraction thereof during which the delinquency
continues. In the case of persons who become new
residents of the City or acquire a dog after November
1st of any year, no license shall be required until
January of the following year.
(2) Fees Transfer and Loss. The license fee shall be Six
Dollars 6.00) for all dogs except that the license
fee for any neutered male or spayed female dog shall
be Four Dollars ($4.00). If the ownership of any
licensed dog is transferred, the new owner may have
the license transferred to his name. The fee for such
a transfer shall be Two Dollars ($2.00). Except as
provided in this subsection no license shall be
transferable between dogs or owners. If a license is
lost or destroyed, a replacement license may be
obtained from the City Clerk for a fee of One Dollar
($1.00).
(3) Issuance. The license tag shall be issued upon the
applicant's submission of proof of vaccination of the
dog to be license and such further information as the
City Clerk may require.
(4) Displav. At all times when any dog is outside the
confines of a private building the owner shall keep
the license tag affixed to the dog in such a manner
that the tag can be easily seen.
(5) Vaccination. It shall be unlawful for any person to
keep any dog or cat within the City unless the dog or
cat has been properly vaccinated to prevent rabies. A
vaccination shall be performed at least annually by a
licensed veterinarian and shall be required for all
dogs and cats over three (3) months old.
5.4 CONTROL OF VICIOUS AND RABID ANIMALS
It shall be unlawful for any person to fail to restrain or
muzzle any vicious or rabid animal kept by that person, nor
shall any such animal be permitted by its keeper to roam or run
beyond the boundaries of the premises owned or possessed by
that person. It shall be unlawful for any person keeping any
vicious animal, or any animal affected with, or bitten by, or
otherwise substantially exposed to any other animal affected
with rabies to fail to:
(a) Immediately impound and confine the animal (unless
transporting the animal to a licensed veterinarian)
for at least fifteen (15) days following the vicious
act or exposure to rabies;
(b) Immediately notify the A.C.O, or the City Police
Department of the impoundment, the reasons therefor,
and any further information as may be required;
(c) Upon order of the A.C.O. or Police Department,
surrender such animal for quarantine, which quarantine
shall be at the owner's expense in the event the
animal is not claimed or in the event of the owner's
execution of a relinquishment of ownership then said
animal may be turned over to the humane society or
other similar organization;
(d) Any animal quarantined hereunder may be kept a maximum
of fifteen (15) days but may be released earlier if
certified by a licensed veterinarian to be free from
rabies. No person shall kill any animal which vicious
or has been exposed to rabies without permission from
the A.C.O. or the Police Department except when
necessary to prevent such animal from escaping or
attacking any other animal or person. If any such
animal dies or is killed it shall be surrendered upon
demand to the A.C.O. or the Police Department.
5.5 IMPOUNDMENT OF ANIMALS
All abandoned animals shall be impounded by the A,C.O. or
City Police Department. Impounded animals shall be confined in
the animal shelter for a period of seven (7) days or, in the
case of licensed dogs for a period of fourteen (14) days. The
period shall commence on the date of impoundment except for
animals impounded under Section 5.4, in which case the period
shall commence upon the expiration of the observation period
therein provided. After impounding any animal the A.C.O, shall
promptly notify the owner of the impoundment if the owner can
be ascertained and located after reasonable investigation.
However, no liability shall attach to the A.C.O., the City, nor
to any officer or employee of the City for failure to notify
such owner. The A.C.O. shall release an impounded animal to
its owner upon production of satisfactory proof of ownership
and payment of all fees prescribed in this chapter if the owner
seeks the release of the animal within the impoundment period,
Any impounded animal remaining unclaimed at the end of the
impoundment period may, upon payment of all fees and charges
due, be released to any person who shall provide satisfactory
proof of an intention to provide the animal with humane and
proper care; provided, no unspayed female dog shall be released
to such person without written certification by a licensed
veterinarian that the veterinarian has been paid in full for
the spaying of the dog and will perform the operation within
the earlier of thirty (30) days or such dog's first fertile
period. Animals which have not been claimed or released to new
owners shall be destroyed in some humane manner by the A.C.O.
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5.6 IMPOUNDMENT FEE
The fee for the care of impounded animals shall be Seven
Dollars ($7.00) per day or portion of a day for which the
animal is impounded together with a fee of Five Dollars ($5.00)
for any animal picked up by the A.C.O, or any City official or
employee; provided, that there shall be added to the fee the
actual cost of any extraordinary expenses incurred in the
impoundment or care of any animal.
5.7 CARE OF ANIMALS
The owner of any animal shall provide the animal with
humane shelter from heat, cold, rain, wind, snow and the
elements, and shall provide the animal with adequate food and
water necessary to maintain the animal's good health and
comfort. All animals shall be given the opportunity for
vigorous daily exercise and shall be provided with any
necessary veterinary care to prevent any suffering. Dog houses
and kennels shall be soundly constructed, kept clean and dry,
and be provided in cold weather with clean bedding.
5.8 CRUELTY TO ANIMALS
It shall be unlawful for any person to overdrive, overload,
torture, torment or cruelly neglect to provide necessary food,
water and shelter, or beat, mutilate or kill any animal, or to
cause any such aforementioned act of cruelly to be performed.
it shall be unlawful for any person to willfully administer or
willfully expose any animal to any poison or poisonous
substance. It shall be unlawfull for any person to kill,
attempt to kill, wound, attempt to wound, capture or attempt to
capture any animal unless that person is an A.C.O. or other
authorized City official or employee engaged in official duties
under this chapter.
5.9 CONFINEMENT OF FEMALE DOGS IN HEAT
The owner shall confine any female dog in heat within a
building in such a manner that the dog will not be accessible
to other dogs and will not attract male dogs. This section
does not apply to dogs involved in planned breeding activities.
5.10 PROHIBITED ACTS
(1) Prohibited Acts. The following acts are hereby
declared to be prohibited, and it shall be unlawful
for any person to engage in or allow an animal owned
by or possessed by such person to engage in the
following activities.
(a) Abandon any animal;
(b) Keep a vicious animal;
(c) Allow any animal to leave the owner's premises
unless said animal is under restraint as defined
by this ordinance;
(d) Allow any animal to:
(i) Continually bark, howl, yelp or make
loud and roucous noises; or
(ii) Trespass upon the private property of
another and damage vegetation; or
(iii) Spread garbage and trash along a
roadside or otherwise create an
unsanitary condition.
5.11 INVESTIGATION OF VIOLATIONS
No person shall hinder, molest, or interfere with the
animal control officer or police officer in the performance of
their duties under this chapter.
5.12 PENALTY PROVISION
(a) Penalty. Any person violating any of the provisions
of this Chapter shall on conviction be subject to a
fine not exceeding Five Hundred Dollars ($500.00) or
by imprisonment in the City Jail or Platte County Jail
for a period not exceeding ninety (90) days or by both
such fine and imprisonment at the discretion of the
Court. Nothing contained in this paragraph shall
prevent the Court from placing a person on probation
not to exceed one (1) year or by suspending imposition
of sentence.
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(b) Severability. Should any clause, sentence or
paragraph of this ordinance be declared illegal or
unconstitutional by a Court of competent jurisdiction
it is the intent of the Board of Aldermen that the
holding of the Court shall in no way affect the
legality of the remaining provisions of this ordinance.
Section 3. The City Clerk is directed to make the
requisite changes in the City Code book
PASSED THIS 19t.h DAY OF Februarv , 1985
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MAY
ATTEST:
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CITY CL K
APPROVED THIS 19th DAY OF FEbruary , 1985,
MAY