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Chapter 5 - Animals & Fowl
Article I - In General
- 5-1. Definitions
- 5-2. Domestic animals or fowl running at large
- 5-3. Impounding animals and fowl
- 5-4. Redemption of impounded animals
- 5-5. Sale of impounded animals
- 5-6. Disposition of proceeds of sale of impounded animals
- 5-7. Turning out animals to cause impounding
- 5-8. Keeping of stallion or jack
- 5-9. Keeping of goats, horses, or other forms of livestock; keeping of hogs, swine or pigs - Prohibited
- 5-10. Keeping of rabbits, chickens, ducks, turkeys, or other domestic small animals or fowl
- 5-11. Confinement of livestock and fowl within city.
- 5-12. Cleanliness of barns, sheds, hutches, pens, or yards
- 5-13. Loading and transporting of livestock and fowl
- 5-14. Possession and sale of exotic or wild animals - Prohibited
- 5-15. Cruelty to or mistreatment of animals
- 5-16. Humane treatment of animals
- 5-17. Trapping
- 5-18. Disposing of unwanted animals
- 5-19. Incineration services
- 5-20. Defecation on public or private property prohibited
- 5-21 to 5-23. Reserved
Article II - Small Animals
- 5-24. Rabies vaccinations/rabies tags
- 5-25. (Repealed by Ord. 3217, 2)
- 5-26. Dogs at large
- 5-27. Penalty for dogs at large
- 5-28. Impoundment of animals
- 5-29. Redemption and fees
- 5-30. Humane destruction of impounded animals
- 5-31. Cats damaging shrubs, gardens and property
- 5-32. Animals damaging property
- 5-33. Apprehension of cats running at large in violation of Section 5-31
- 5-34. Humane destruction at request of owner
- 5-35. Animal bite procedures
- 5-36. Injury to humans
- 5-37. Dogs, cats, or ferrets without current vaccination
- 5-38. Animals annoying humans by barking, howling, yelping, jumping upon, threatening, spreading garbage or attacking other domestic animals or fowl
- 5-39. Adoption rate for the shelter
- 5-40 to 5-55. Reserved
Article III - Abandonment of Animals
Article IV - Commercial Kennels
- 5-62. License required of commercial kennels; veterinarian kennels exempt
- 5-63. Requirements for operation
- 5-64 to 5-65. Reserved
Article V - Pet Shops
Article VI - Diseased or Injured Animals
- 5-72. Sale of known diseased animals
- 5-73. Disposition of diseased or injured animals
- 5-74. Prohibiting the distribution of animals in public places
- 5-75 to 5-78. Reserved
Article VII - Dangerous Animals
- 5-79. Definitions of dangerous animals
- 5-80. Procedure for declaring a dangerous animal
- 5-81. Action to be taken for dangerous animals
- 5-82. Owner's responsibilities
- 5-83. Penalty for noncompliance
- 5-84 to 5-89. Reserved
Article VIII - Penalties
Article I - In General
Sec. 5-1. Definitions.
The following terms as used in this Chapter shall be deemed to have the following meanings:
Animal - any live vertebrate creature, domestic or wild other than humans.
Animal shelter or pound or dog pound - a facility operated by the city for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals.
At large - any animal shall be deemed to be at large when it is off the property of its owner and not under the control of a responsible person.
Confinement - confinement or confined as used in this chapter shall mean constant and continuous, sole and segregated, physical enclosure of the animal.
Control - under immediate and effective restraint of a responsible person, to include leashes and voice control.
Dog - any member of the canine family more than six months of age.
Exotic or wild animal - any animal which, when in its wild state, is capable, while at large, of inflicting serious physical harm upon human beings including, but not limited to the following:
- Apes, monkeys and related forms;
- Poisonous reptiles, amphibians and other poisonous animals including poisonous spiders and insects;
- Any deadly or dangerous snake or reptile over eight (8) feet in length;
- Cats from the wild family, including, but not limited to, bobcats, cheetahs, cougars, jaguars, leopards, lions, lynxes, mountain lions, panthers, pumas, tigers;
- Non-domesticated, carnivorous animals including hybrid crosses of non-domesticated carnivorous animals, including, but not limited to, raccoons, opossums, skunks, foxes, coyotes, wolfs, etc.
- Crocodylia, including, but not limited to, crocodiles and alligators;
- Piranha fish over 4 inches in length;
- Chondrichthyes, including, but not limited to, sharks over 12 inches in length;
- Struthio, including, but not limited to, ostriches;
- Proboscidea, including, but not limited to, elephants;
- Perissodactyla, including, but not limited to, rhinoceros and other animals with an odd number of toes (not horses or donkeys or mules);
- Artiodactyls, including, but not limited to, camels and other hoofed mammals with an even number of toes (not cattle or swine or sheep or goat);
- Birds of prey, including, but not limited to, eagles, hawks, falcons, buzzard;
- Ursidae, all bears;
- Edentata, including, but not limited to, anteaters, sloths, armadillos;
- Viverridae, including, but not limited to, mongoose, civets, and genets.
(Ord. 3812, §1)
Exposed to rabies - any animal whether licensed or vaccinated for rabies or not, which has been bitten by, or fought with, or has come in close contact with an animal showing symptoms of rabies.
Kennel - commercial - any persons, group of persons or corporations engaged in the commercial business of breeding, buying or selling or boarding dogs and pets.
Puppy - any member of the canine family less than six months of age.
(Ord. 2203, 1; Ord. 2247, 1; Ord. 2970, 1; Ord. 3264, 2)
Sec. 5-2. Domestic animals or fowl running at large
It shall be unlawful for any person possessing, owning or otherwise having under his custody or control any domestic or fowl of any kind to permit the same to run at large in or upon any of the streets and public places or upon the land of any person in the city or tether the same in such a way that such animals or fowl may go across or upon any of such places. This Section and the succeeding four sections shall not apply to dogs, cats, or ferrets. (Ord. 2203, 2; Ord. 3264, 2)
Sec. 5-3. Impounding animals and fowl
Any domestic animals or fowl found running at large or tied, staked, or pastured in, on or along any street, alley, railroad right of way, unenclosed land or public place in the city shall forthwith be taken up by the city and impounded in some secure place to be provided by the city. (Ord. 2203, 2; Ord. 3264, 2)
Sec. 5-4. Redemption of impounded animals
It shall be the duty of the city to make diligent search for the owner of any animal or fowl impounded and, when found, to notify him of such impounding; and thereupon such owner may appear at any time before such animal or fowl is sold as provided in the following section and reclaim such animal or fowl upon payment to the city of the expense and penalties fixed and prescribed. (Ord. 2203, 2; Ord. 3264, 2)
Sec. 5-5. Sale of impounded animals
The city may sell for cash at public sale to the highest bidder all impounded animals not reclaimed by the owner after having first given four days notice of the time and place of sale and the property to be sold and the cause of sale by printed or written handbills posted at five public places in the city, two of which places shall be the city hall and county courthouse. Every such sale shall pass title to the purchaser of the animal or fowl sold. The purchaser shall be entitled to receive a certificate of purchase from the chief of police. (Ord. 2203, 2; Ord. 3264, 2)
Sec. 5-6. Disposition of proceeds of sale of impounded animal
The amount received from the sale of an impounded animal or fowl shall be paid into the general fund of the city. (Ord. 2203, 2; Ord. 3264, 2)
Sec. 5-7. Turning out animals to cause impounding.
No person shall turn loose from any pen or enclosure any animal for the purpose of causing the same to be impounded. (Ord. 2203, 2; Ord. 3264, 2)
Sec. 5-8. Keeping of stallion or jack
It shall be unlawful within the city for any person to keep any stallion or jack. (Ord. 2203, 2; Ord. 3264, 2)
Sec. 5-9. Keeping of goats, horses, or other forms of livestock; keeping of hogs, swine or pigs - Prohibited
No person shall keep a cow, bull, mare, horse, goat, or sheep in an outdoor enclosure or pasture, the exterior boundary of which is within 100 feet of any residence, business or other such structure intended for human habitation on a permanent or temporary basis. The pen, pasture or enclosure in which such animals are kept shall provide an area of at least 900 square feet for each such animal. This Section shall not apply to animals kept in the conduct of commercial enterprise or business at locations where such enterprise or business is permitted. Any such animals kept within the city prior to the effective date of this Ordinance shall be permitted to remain in similar number and kind. No hogs, swine, or pigs shall be kept within the city under any conditions. (Ord. 2203, 2; Ord. 3264, 2),
Sec. 5-10. Keeping of rabbits, chickens, ducks, turkeys, or other domestic small animals or fowl
No person shall keep rabbits, small animals or fowl in such numbers as to create a health or unsanitary condition. Sections 5-11 and 5-12 of this Chapter shall apply to the keeping of such animals. (Ord. 2203, 2; Ord. 3264, 2)
Sec. 5-11. Confinement of livestock and fowl within city.
Every person owning land within the city upon which livestock are kept or permitted to be kept by the landowner or otherwise shall confine or restrict such livestock, fowl, or small animals at all times to such property. Failure to so confine or restrict livestock, fowl, or small animals kept or permitted to be kept in the city shall be a misdemeanor. (Ord. 2203, 2; Ord. 3264, 2)
Sec. 5-12. Cleanliness of barns, sheds, hutches, pens, or yards
Every person keeping or maintaining animals or domestic fowl shall keep the barn, shed, hutch, pen, or yard in which such animals or fowl are kept or maintained in a clean and sanitary condition so that the same will not emit foul or disagreeable odors and shall not permit any concentration of manure. (Ord. 2203, 2; Ord. 3264, 2)
Sec. 5-13. Loading and transporting of livestock and fowl
No person shall, within the city, load, unload or transfer from one vehicle to another vehicle any hogs, sheep, cattle or other livestock or fowl in any public place, street or thoroughfare. No person shall park or stand any vehicle in which hogs, sheep, cattle or other livestock are loaded on any public place, street or thoroughfare or any unenclosed private premises for a longer period than one hour. Nothing continued in this Section shall prohibit loading, unloading or transferring of hogs, sheep, cattle or livestock or fowl at any established and maintained stockyard, slaughterhouse, or sale barn or in any unenclosed building. (Ord. 2203, 2; Ord. 3264, 2)
Sec. 5-14. Possession and sale of exotic or wild animals - Prohibited
- No person or corporation shall possess, house, shelter, pen, sell or offer for sale within the limits of the City of Rolla, any exotic animal as defined in Article I, Section 5-1 Definitions hereof.
- It shall be unlawful for the owner, possessor, or any other person in control of a lot, tract, or parcel of land within city limits or any residence or business premises situated thereon to knowingly permit any other person to be in possession of an exotic animal upon the property, residence or premises.
- Any animal that is determined by an animal control officer or police officer to be an exotic and/or wild animal and is found inside of the city limits of Rolla shall be immediately impounded at the shelter until arrangements can be made to remove the animal from city limits. The owner shall pay a boarding fee of $10.00 per day plus any additional cost incurred by the city in feeding and caring for the animal.
Section 5-14 shall not apply to the following:
- What is commonly known as a "pocket pet", including, but is not limited to ferrets, guinea pigs, gerbils, mice, hamsters, chinchillas, rabbits, sugar glider, domestic rats and hedgehogs;
- Non-poisonous reptiles and amphibians, which are commonly considered pets, including, but not limited to green iguanas, chameleons, turtles, frogs, bearded dragons and small snakes, kept in a secure enclosure;
- Small to large caged birds, including but not limited to parrots, cockatoos, cockatiels;
- The animal shelter or any agent or official thereof, acting in an official capacity;
- Any agency or official of the federal, state, or local government, acting in an official capacity;
- Circuses and performing animal exhibitions with current city exhibitors permit;
- State universities, other state agencies, medical research facilities, and local schools working with wild or exotic animals for teaching or research purposes only;
- Licensed veterinarians tending to injured or sick wild and/or exotic animals;
- Zoological parks and aquariums that are accredited by the American Association of Zoological Parks and Aquariums;
- Wildlife rehabilitations who are in compliance with City Zoning Code and possess a valid city and state and federal permit for capture and possession of injured, infirm, orphaned wild animals for the purpose of treatment and release.
- The Animal Control Manager is authorized to release any endogenous wild and/or exotic animal, which has been deemed capable of survival in the wild and approved by an official of the Missouri Department of Conservation.
- A wild and/or exotic animal possessed or maintained in violation of this Chapter may be subject to euthanasia if any of the following exigent circumstances are deemed to exist by the Animal Control Manager and/or any Police Officer:
- The wild and/or exotic animal presents an imminent likelihood of serious physical harm to the public and there is no other reasonably available means of abatement; or
- There is no reasonable basis to believe that the violation can be or in good faith will be corrected and after reasonable search or inquiry by the animal control authority no facility as authorized by local, state or federal law is available to house the exotic animal; or
- The wild and/or exotic animal suffers from a communicable disease injurious to other animals or human beings; provided that this section shall not apply if the animal is under treatment by a licensed veterinarian and may reasonably be expected to recover without infecting other animals or human beings.
- The wild and/or exotic animal presents an imminent likelihood of serious physical harm to the public and there is no other reasonably available means of abatement; or
- Any wild and/or exotic animal impounded under the provisions of this Article and not reclaimed by the owner within five days may be humanely destroyed by a veterinarian or a qualified person designated by the city by injection of a substance that is considered to be humane, or released to a zoological park or to any other person or agency deemed appropriate.
- Any person desiring to possess a wild or exotic animal within city limits may apply in writing for an exception to the animal control manager. The animal control manager will research the possibility of an exception and then forward the request to the chief of police and the city administrator within ten (10) working days. The chief of police and the city administrator shall then be responsible to review the application and within ten (10) working days approve or decline the application. A person desiring to possess a wild or exotic animal which, in the opinion of the chief of police and the city administrator, is prohibited under this section shall have the right to request a hearing before the city council. The hearing shall take place at the city councils next regularly scheduled meeting. The decision of city council shall be the final decision.
- In the event a wild or exotic animal escapes from the custody or the owner and/or possessor, the owner and/or possessor shall, upon conviction by a court of the City of Rolla, be deemed guilty of a misdemeanor and shall be fined and/or imprisoned according to the provisions of the General Penalty Code of the City of Rolla (Sec. 1-7).
- Conduct made unlawful by Section 5-14 of the Code of the City of Rolla constitutes an offense punishable by a fine not exceeding five hundred dollars, or by imprisonment for a period of not exceeding three month, or by both such fine and imprisonment.
(Ord. 2203, §2; Ord. 3264, §2; Ord. 3812, §2)
Sec. 5-15. Cruelty to or mistreatment of animals
A person commits an offense if he intentionally or knowingly tortures or seriously overworks an animal; fails unreasonably to provide necessary food, care, or shelter for an animal in his custody; abandons unreasonably an animal in his custody; transports or confines an animal in a cruel manner; kills, injures, or administers poison to animals belonging to another without legal authority or the owner's effective consent; causes one animal to fight with another; or treats any animal in an inhumane or improper manner or exercises any control over an animal inconsistent with rights of ownership of the animal. (Ord. 2203, 2; Ord. 3264, 2)
Sec. 5-16. Humane treatment of animals
No person shall collect, purchase or solicit dogs, cats, or other domestic animals for resale to serum plants, laboratory supply houses, or for other experimental, research teaching purposes. The provisions of this Section shall not be applicable to pet shops or commercial kennels. (Ord. 2203, 2; Ord. 3264, 2)
Sec. 5-17. Trapping
No person shall within the city, kill, wound, injure or capture or attempt to kill, wound, injure or capture any animal or bird; provided that the owner, tenant or authorized agent of real estate in the city frequented by animals or birds which would deprive. The owner of full enjoyment of such property or real estate, may by humane methods, trap such animals or birds. No traps shall be set in any manner that could in any way unreasonably jeopardize the life or health of any person. (Ord. 2203, 2; Ord. 3264, 2)
Sec. 5-18. Disposing of unwanted animals
Any person wishing to turn in or relinquish unwanted animal(s) may do so by delivering the animal(s) to the Rolla Animal Shelter. A $10.00 impound fee shall be assessed per animal to residents residing within the Rolla city limits. A $45.00 impound fee shall be assessed per animal to residents of Phelps County, and who do not reside within the Rolla city limits. If the citizen wishes to relinquish a mother and puppies, the puppies must be older than eight weeks of age and a fee of $65.00 will be assessed. No animals will be accepted outside of Phelps County. In accordance with RSMo. 578.005 and the Code of State Regulations 2 CSR 30-2.020, any citizen who is the legal owner of an animal or has harbored an animal for three or more consecutive days, must have the animal vaccinated by a licensed veterinarian with the anti-rabies serum prior to relinquishing the animal to the Rolla Animal Shelter. A current metallic rabies tag and supporting documentation (proof) must accompany the animal. (Ord. 3264, §2; Ord. 3448, §1, Ord. 4096)
Sec. 5-19. Incineration services
Any animal owner may request the City to provide incinerator services for a pet. A communal (standard disposal) cremation may be provided at a cost of $20.00 per animal. Pet owners may request a private cremation through a veterinarian. The Rolla Animal Shelter shall not provide private cremations.
(Ord. 3264, §2, Ord. 4096)
Sec. 5-20. Defecation on public or private property prohibited.
It shall be unlawful for any person owning or in control of any animal to permit or allow such animal to defecate upon any public property or private property of another unless such person shall remove immediately all feces so deposited by such animal, and dispose such feces in an appropriate trash receptacle. (Ord. 3815, §1)
Secs. 5-21 to 5-23. Reserved
Article II - Small Animals
Sec. 5-24. Rabies' Vaccinations/Rabies Tags
Every person owning, keeping, harboring or permitting a dog, cat, and/or ferret four months or older to remain on his premises is required to have the animal vaccinated annually with an anti-rabies vaccine by a veterinarian licensed to practice in the State of Missouri. Every such person owning or controlling such animal shall be required to display on the animal the metallic tag issued by the veterinarian showing the animal has a current vaccination and shall see that the tag is worn constantly. This section shall not apply to an animal whose owner is a non-resident, temporarily in the City not to exceed thirty days, nor to "leader", seeing eye dogs or other animals which have been vaccinated and are trained and actually used to assist a handicapped person. No person shall remove or cause to be removed the tag from any animal without consent of the owner or keeper thereof. (Ord. 2203, 3; Ord. 2247, 5; Ord. 3217, 1; Ord. 3264, 2)
Sec. 5-25. Repealed by Ord. 3217, 2.
Sec. 5-26. Dogs at Large
It shall be a violation of the Code of the City of Rolla, Missouri, for an owner or keeper of a dog to permit such dog to be found running at large, which is defined to mean off the premises of the owner and not under the control of the keeper, owner, or responsible member of the household. A dog is under control if it is under the immediate and effective restraint of a responsible person by means of a leash attached to its collar or harness and said leash is directly controlled by the keeper or owner. This section shall not apply to law enforcement personnel working with any police K-9. (Ord. 2203, §3; Ord. 3264, §2; Ord. 3814, §1)
Sec. 5-27. Penalty for dogs at large
Any dog found running at large within the city will be humanely handled and captured by the animal control officer, or other appropriate officer, and returned to the person making claim for the dog. The person making claim for the dog shall be considered the owner or keeper of said dog by virtue of the claim made, and may be cited for permitting a dog to run at large. The offense is punishable as authorized by Section 1-7 of the Code of the City of Rolla, Missouri. (Ord. 2464, 1; Ord. 2704, 1; Ord. 3264, 2)
Sec. 5-28. Impoundment of animals
Any dog running at large within the City of Rolla, Missouri whose owner or keeper cannot be found, or not wearing a collar bearing a metallic rabies tag as provided and described in Section 5-24, shall be captured by the animal control officer or other appropriate officer, and impounded at the animal shelter or some other suitable place. When a dog is found running at large and its ownership is known to the animal control officer, such dog shall be returned to the owner and the provisions of the foregoing section shall be followed.
Every female dog in heat shall be kept confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such manner that she cannot come in contact with another animal except for breeding purposes.
The animal control officer may impound any animal found on public property, and if necessary a warrant may be obtained from the appropriate court enabling the officer to enter upon private property for the purpose of inspecting, caring for, or impounding neglected or abused animals as defined by Chapter 578 Sections 578.009 and 578.012 of the Revised Missouri Statutes of the State of Missouri.
In any event upon impounding dogs or other animals, the animal control officer will make every possible effort to notify the owner of such dog or animal so impounded and inform the owner of the conditions whereby ownership of the animal may be regained. Any animal routinely considered to be a pet will be impounded for five calendar days, during which time it shall be the responsibility of the animal control officer to see that such animal is fed and watered. (Ord. 2203, 3; Ord. 2704, 2; Ord. 3264, 2)
Sec. 5-29. Redemption and fees
The owner of a small animal shall be entitled to resume possession of said impounded animal before it is disposed of, upon compliance with the provisions in Section 5-24 and the payment of the impoundment fees set forth in this Article. The chief of police or his designee shall require that such small animal be vaccinated with anti-rabies vaccine as a condition for the release of such animal, and may require such vaccination in the case of any other animal when deemed necessary. Any small animal impounded under the provisions of this Article may be reclaimed upon the payment by the owner to the city of $10.00 for each day or fraction thereof such animal is kept. (Ord. 2282, 1; Ord. 3264, 2)
Sec. 5-30. Humane destruction of impounded small animals
Any small animal impounded under the provisions of this Article and not reclaimed by the owner within five days may be humanely destroyed by a veterinarian or a qualified person designated by the city by injection of a substance that is considered to be humane, or placed in the custody of some person deemed by the chief of police to be a responsible and suitable owner who will comply with the provisions of this Article and pay the adoption fees, and if such small animal is a dog or cat that is not spayed or neutered will agree to have such animal spayed or neutered within 30 days as outlined in Section 273.400 of the Revised Statutes of the State of Missouri. Diseased or dying animals may be humanely destroyed at the time of collection except that if the owner can be discovered from the tags on the animal he will be notified prior to disposing of the animal. (Ord. 2203, 3; Ord. 3264, 2)
Sec. 5-31. Cats damaging shrubs, gardens and property
Cats in the city that do damage to shrubs, gardens or property shall be subject to the same regulations regarding dogs as set forth in Sections 5-26 through 5-30 of this Article. (Ord. 2203, 4; Ord. 3264, 2)
Sec. 5-32. Animals damaging property
No person shall own, keep, or harbor any animal which does damage to shrubs, gardens or property. (Ord. 2203, 3; Ord. 3264, 2)
Sec. 5-33. Apprehension of cats running at large in violation of Section 5-31
Apprehension of cats running at large in violation of Section 5-31 shall be the responsibility of the effected person. The city will make available humane box traps to be used by the complainant to apprehend such cats. A reasonable deposit will be required for use of such traps. The city will pick up all cats apprehended and handle them in accordance with Sections 5-26 through 5-30 upon receipt of a signed complaint noting violation of Section 5-31. (Ord. 2203, 4; Ord. 3264, 2)
Sec. 5-34. Humane destruction at request of owner
Any person having the right to have any small animal killed and who shall request the humane destruction of said animal, shall be charged a fee of $10.00 for humane destruction of a small animal or $20.00 for humane destruction plus disposal of the body. (Ord. 2203, 3; Ord. 3264, 2)
Sec. 5-35. Animal bite procedures
Required confinement and notice of authorities: Any animal that shall bite any person or other animal, causing an abrasion of the skin, shall be immediately confined for a period of ten days. It shall be the duty of the person owning, harboring or permitting any animal to be about his premises to notify the city police immediately upon knowledge or notice that such animal has bitten any person or other animal and if such animal has been or will be delivered to a veterinarian.
Required immediate veterinarian examination: All animals subject to confinement will as quickly as practicable be transported by the owner or if the owner is unavailable or unwilling, by the animal control officer to a licensed veterinarian for examination.
Home confinement: If upon examination the first offender animal is free of apparent signs of central nervous system disease and has received rabies vaccination more than 30 days prior to the bite and not more remotely than one year, or has received a vaccination more remotely than one year and has a certificate from a licensed veterinarian certifying the continuing effectiveness of such vaccination, the owner with facilities to and who will assure the animal control officer of his commitment to do so, will be permitted to confine the animal for ten days conditioned upon his undertaking to have the animal examined by a licensed veterinarian on the tenth day, with reports of the examination to be made expeditiously to the police department. If in home confinement an animal is not maintained in confinement, it will be picked up by the animal control officer and confined in the facilities of a licensed veterinarian.
Veterinarian confinement: In all cases other than those described in subsection (c) above, the animal will be confined in the facilities of the licensed veterinarian.
Payment of all veterinarian charges: All inspection confinement charges of the veterinarian will be paid by the person owning or harboring the animal. If the animal is not claimed by the owner at the end of confinement period, the animal will be impounded by the city and released to the owner only upon payment of all veterinary charges and fees in Section 5-29. If not claimed within five days, Section 5-30 will apply.
Disposition of animal without quarantine observation - Prohibited: It shall be unlawful for any person with notice or knowledge that an animal owned, harbored or permitted to remain about his premises has bitten any person, to dispose of such animal in any manner.
Death while confined; duty to notify police department: The animal control division or a veterinarian or owner shall notify the police department immediately of the death of any animal while under his observation or care. All animals which have bitten any person shall be secured in such a manner so as to prevent their biting other animals while such animal remains in the city pound or in the care of a veterinarian.
Destruction of dangerous animal prior to quarantine; laboratory examination of brain: If any dangerous, fierce or vicious animal cannot be safely taken up or impounded, such animal may be slain by any policeman. In all cases where the animal that has bitten a person or caused an abrasion of the skin is slain by any policeman, whether by order of court or otherwise, and a period of less than 15 days has elapsed since the day upon which such animal bit any person or caused an abrasion of the skin of any person, it shall be the duty of the chief of police to cause to be delivered without delay, the head with brain of such animal to the state division of health laboratory or other authorized laboratory for analysis.
Emergency epidemic controls: It shall be the duty of the mayor, whenever in his opinion the danger to the public safety from rabid animals is great and imminent, to publish his proclamation order requiring all persons owning, keeping or harboring any animal to securely muzzle or confine same, for the period prescribed in the proclamation. All animals not so muzzled or confined during such period shall be presumed to be abandoned or unowned.
Disposition of animal bitten or scratched by another animal: If an animal which has either not been vaccinated for rabies or has not received timely booster vaccinations for same is bitten or scratched by an animal adjudged to be rabid, such animal shall be forthwith destroyed or held under six months quarantine by the owner the same manner as other animals are quarantined. If an animal which has been vaccinated for rabies is bitten or scratched by an animal adjudged to be rabid, such animal shall be given a rabies booster vaccination and shall be watched for abnormal behavior for a period of 30 days. If an animal is bitten or scratched by an animal, and it is not known whether that animal is rabid, the bitten or scratched animal shall be quarantined for a period of six months.
Disposition of animals after quarantine: Any animal which becomes rabid during the period it is confined shall be killed, and the health officer may order the chief of police to deliver the head with the brain of such animal to the state laboratory or other authorized laboratory for analysis. (Ord. 2203, §3; Ord. 2247, §6-8; Ord. 3264, §2)
Sec. 5-36. Injury to humans
No person will own, keep, possess, or harbor an animal which has a history of inflicting to any human being injury on more than two separate incidents reported to the animal control officer. No section of this Chapter shall be construed as preventing a person from exercising reasonable self-defense tactics to prevent an animal attack. (Ord. 2203, §3; Ord. 3264, §2)
Sec. 5-37. Dogs, cats, or ferrets without current vaccination
It shall be unlawful for any person to own, keep, harbor or permit a dog, cat, or ferret on his premises that has not been vaccinated within one year immediately preceding the date of an alleged injury. (Ord. 2203, 3; Ord. 3264, 2)
Sec. 5-38. Animals annoying humans by barking, howling, yelping, jumping , threatening, spreading garbage or attacking other domestic animals or fowl
No person shall own, keep or harbor any animal which, by loud, frequent or habitual barking, howling or yelping, shall annoy or disturb any neighborhood or person, or by habitually jumping upon or threatening persons upon public streets shall cause persons thereon to be put in fear or injury or habitually spreads garbage or habitually attacks other domestic animals, pets or domestic fowl. (Ord. 2203, 3; Ord. 3264, 2)
Sec. 5-39. Adoption rate for the shelter
The adoption rate for animals at the Rolla Animal Shelter shall be $35.00 per animal. This rate includes a current anti-rabies vaccination. (Ord. 3264, §2, Ord. 4096)
Secs. 5-40 to 5-55. Reserved
Article IV - Abandonment of Animals
Sec. 5-56. Abandonment of an animal within the municipality
The abandonment of any animal within the corporate limits of this municipality is hereby prohibited. (Ord. 2203, 5; Ord. 3264, 2)
Secs. 5-57 to 5-61. Reserved
Article V - Commercial Kennels
Sec. 5-62 License required of commercial kennels; veterinarian kennels exempt
All persons operating commercial kennels as defined in Article I, Section 5-l, Definitions, shall obtain a license from the city clerk for operation of such kennel. Kennels operating in conjunction with a veterinarian licensed by the city shall be exempt from this provision. The annual licensing fee shall be $50.00 in addition to any other applicable business license fees. (Ord. 2203, 6; Ord. 3264, 2)
Sec. 5-63. Requirements for operation
(a) Permittee shall operate a kennel so as to eliminate excessive or untimely noise from animals and offensive odors from kennel. An isolation ward sufficiently removed so as not to endanger the health of other animals shall be provided for animals sick with a communicable disease. Permittee shall retain name, address and telephone number of the owner of each boarded small animal, and the license number, if applicable, of each small animal. This registration must be exhibited to any representative of the city upon demand. Permittee shall retain name and address of each person selling, trading or giving any small animal to kennel. Permittee shall notify owner of boarded animal when animal refuses to eat or drink causing it to lose flesh or when animal is injured or becomes weak or ill.
(b) No commercial kennel shall operate within 300 feet of any residential use or any residential zoning district. (Ord. 2203, 6; Ord. 3264, 2)
Secs. 5-64 to 5-65. Reserved
Article VI - Pet Shops
Sec. 5-66. Standards
All pet shops, as defined herein, including pet shops run in conjunction with another holding facility, shall in addition to the other requirements of this Article comply with the minimum standards of this Section.
- Water: There shall be available water for washing cages and disinfecting easily accessible to all parts of the shop. Fresh drinking water shall be available to all species at all times. All water containers shall be mounted so the animal cannot turn them over and be removable for cleaning.
- Room temperature: The room temperature of the shop shall be maintained at a level that is healthful for every species of animal kept in the shop.
- Cages and enclosures: Any enclosure having wires or bars for confining birds or animals. Any enclosure used to confine animals.
- Feeding: All animals under three months of age are to be fed at least three times per 24 hours, if appropriate for the species. Food for all animals shall be served in a clean dish so mounted that the animal cannot readily tip it over or defecate or urinate in same.
- Birds: Each bird must have sufficient room to sit on a perch. Perches shall be placed horizontal to each other in the same cage. Cages must be cleaned every day, and cages must be disinfected when birds are sold. Parrots and over large birds shall have separate cages from smaller birds.
- Fish: The water temperature shall be maintained at a constant temperature that is healthful.
- Bedding: There shall be sufficient clean, dry beading to meet the needs of each individual animal.
- Care: All animals must be fed (if appropriate for the species), watered, and cages cleaned every day, including Sundays and holidays.
- Fee: An annual business licensing fee shall be required. Said fee shall be the same amount required of merchants for licenses to do business in the city. (Ord. 2203, 7; Ord. 2608, 1; Ord. 3264, 2)
Secs. 5-67 to 5-71. Reserved
Article VII - Diseased or Injured Animals
Sec. 5-72. Sale of known diseased animals
No animal known to be diseased shall be sold or accepted for sale while the disease is active. (Ord. 2203, 8; Ord. 3264, 2)
Sec. 5-73. Dispositions of diseased or injured animals
In all instances in which a diseased or injured animal, whether domestic or wild, is suffering as a result of such disease or injury, and the owner thereof is unknown or the animal is a stray, such animal may be adopted, if deemed appropriate by a veterinarian, or shall be humanely destroyed. (Ord. 2247, 9; Ord. 3264, 2)
Sec. 5-74. Prohibiting the distribution of animals in public places
So as to promote the City's spay/neuter program and the prevention of disease, the offering for free or for sale of animals in parking lots or similar public locations shall be prohibited. (Ord. 3264, 2)
Secs. 5-75 to 5-78. Reserved
Article VIII - Dangerous Animals
Sec. 5-79. Definitions of dangerous animals
For the purposes of this Article, a "dangerous animal" shall be any animal with the following characteristics:
- Any animal which has inflicted severe or fatal injury on a human being. "Severe injury" means any physical injury resulting directly from an animal's bite which results in broken bones, or lacerations requiring stitches, or inpatient hospitalization.
- Any animal which has inflicted severe or fatal injury to a domestic animal, livestock or poultry without provocation while outside the owner's property.
- Any animal owned or harbored primarily or in part for the purpose of animal fighting or any animal trained for animal fighting.
- Any animal which has bitten a human being, without provocation, on public or private property other than the property of the owner.
- Any animal which, while on the owner's property, has bitten, without provocation, a human being other than the owner or a member of the owner's family who normally resides at the place where the animal is kept.
- Any animal which, when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public grounds, or private property other than the property of the owner, in a menacing fashion or an apparent attitude of attack, regardless of whether a person is injured by said animal. (Ord. 2599, §1; Ord. 3264, §2; Ord. 3959 §1)
Sec. 5-80. Procedure for declaring a dangerous animal
- Should a written complaint be filed with an animal control officer or a police officer, alleging any of the circumstances set forth in Section 5-79; or an animal control officer or police officer personally observe any of the circumstances set forth in Section 5-79, the animal control officer or police officer shall issue a notice to the owner or possessor of said animal that said animal will be designated a dangerous animal subject to the regulations of this Article and advise the owner or possessor of said animal that he has five working days to request a hearing before the appeals board to appeal such classification. The appeals board will consist of the chief of police, the city administrator, and the mayor, or their delegates. If no request for hearing is timely filed, the animal that is the subject of the complaint shall be deemed a dangerous animal, and said animal and its owner shall be subject to the provisions of this Article.
- Once a written complaint has been filed and or an animal control officer or police officer has personally observed any violation or can provide sufficient probable cause, as provided in the preceding paragraph, the animal shall be confined pending a determination that said animal is a dangerous animal. Such confinement shall be on the owner's premises if the owner complies with the requirements of Section 5-82(d) or with a licensed veterinarian or if the owner's premises are insufficient to comply with Section 5-82, at the Rolla Animal Shelter at the owner's expense.
- The appeals board shall meet within seven working days of the date of appeal to determine whether the animal in question is dangerous within the meaning of this Article. Testimony of the complainant, witnesses, the owner of the animal, and any other person possessing information pertinent shall be permitted in an informal setting.
- Should a hearing be held by the appeals board, and the board determines that the animal is a dangerous animal, then the animal and its owner shall be subject to the provisions of this Article.
- The hearing board shall issue a written finding within five working days after the hearing.
- The decision of the appeals board shall be effective immediately. The animal owner may appeal an adverse decision by petition to the circuit court within 30 days. Notwithstanding an appeal, the decision of the appeals board shall take effect immediately except that any animal seized pending appeal shall be confined at the expense of the owner and not destroyed until 10 days after the circuit court decision becomes final unless the owner has complied with the requirements of Section 5-82.
(Ord. 2599, §2; Ord. 3264, §2; Ord. 3648, §1; Ord. 3813, §1)
Sec. 5-81. Action to be taken for dangerous animals
- An animal responsible for an unprovoked severe or fatal injury shall be destroyed.
- In all other cases, a dangerous animal shall be removed from the city and shall not be permitted to be harbored, kept, or possessed within the city limits of Rolla, Missouri, unless the owner of such animal satisfies all of the requirements of this Article. (Ord. 2599, 3-4; Ord. 3264, 2)
Sec. 5-82. Owner's responsibilities
The owner of the dangerous animal that desires to maintain the animal within the city limits of Rolla, Missouri rather than remove the animal from the city shall:
- Annually register said animal with the city clerk by paying a license fee of $50.00.
- Provide to the city clerk during registration, two color photographs of the animal showing left and right profiles.
- Cause said animal to wear at all times a bright orange collar with a metal registration tag attached to it so that it can be readily identified as a dangerous animal.
- Confine such animal upon the owner's premises either indoors or in a securely enclosed and locked pen suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen must be at least five feet by ten feet (5 ft. x 10 ft.) and must have secure sides and a secure top. If the pen has no bottom that is secured to the sides, the sides must be embedded into the ground no less than 12 inches. The enclosure, when occupied by the dangerous animal, must not be occupied by any other animal. When the dangerous animal is a female and has a litter of young which are under three months of age, the young may occupy the same enclosure as the mother.
- Display a sign upon his premises stating that there is a dangerous animal on the property. The sign shall be visible and capable of being read from the public street that abuts the property.
- Provide at registration to the city clerk proof of liability insurance coverage in an amount of at least $100,000.00 covering any loss or injury caused by the animal that has been designated a dangerous animal. The insurance policy shall require a notice to be sent to the city clerk should the policy be canceled, terminated, or expired. (Ord. 2599, 5; Ord. 3264, 2)
Sec. 5-83. Penalty for noncompliance
- It shall be unlawful for a person to keep a dangerous animal within the city limits of Rolla, Missouri and fail to comply with the provisions of this Article. Persons found guilty of violating the provisions of this Article shall be subject to a fine not to exceed five hundred dollars ($500) or a jail sentence not to exceed thirty (30) days or both such fine and confinement.
- Any animal found to be a dangerous animal and kept in the City of Rolla, Missouri in violation of the provisions of this Article shall be seized and impounded until the owner thereof complies with the provisions of this Article. If the owner fails to comply with the provisions of this Article within 10 days of the date of seizure of the animal, the animal shall be destroyed. (Ord. 2599, 6; Ord. 3264, 2)
Secs. 5-84 to 5-89. Reserved
Article IX - Penalties
Sec. 5-90. Penalties for violations
Whenever by the terms of this Chapter the doing of an act is required, or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefore, the violation of such provisions shall be punished pursuant to the guidelines defined in the General Provisions of the Code of the City of Rolla. (Ord. 2203, 9; Ord. 3264, 2)
Sec. 5-91. Responsibility of enforcement
Except as otherwise provided for in this Chapter, the chief of police shall be responsible for the enforcement of this Chapter. The chief of police may assign an employee or employees to be responsible for enforcing the provisions of this Chapter. (Ord. 2203, 9; Ord. 3264, 2)