Ordinance 2945 - Dangerous Dog Amending 205.450

Ordinance 2945 - Dangerous Dogs amending 205.450

PLEASANT VALLEY ORDINANCE


 
BILL NO._____2946_____                           ORDINANCE NO.____2945______

 
AN ORDINANCE AMENDING SECTION 205.450 OF THE MUNICIPAL CODE OF THE CITY OF PLEASANT VALLEY, MISSOURI
 
WHEREAS, section 205.450 of the Municipal Code of the City of Pleasant Valley contains provisions relating to dangerous dogs; and
 
WHEREAS, the Board of Aldermen desire to amend this Section in order to better protect Pleasant Valley citizens from the threat dangerous dogs impose and to provide stiffer penalties for those who violate provisions of the dangerous dogs ordinance.
 
Be it ordained by the Board of Aldermen of the city of Pleasant Valley, Missouri, as follows:
 
SECTION 1. That Section 205.450 of the Municipal Code of the City of Pleasant Valley, Missouri be hereby amended to read as follows:

 
SECTION 205.450:     DANGEROUS DOGS
 
A. The Supervisor of Animal Control may declare a dog to be dangerous because of any one (1) or more of the following:
     1.      Any dog of a cross, ferocious, or dangerous disposition as evidenced by past behavior.
     2.     Any dog of a breed or mixed breed which, due to vicious nature, or other characteristics, constitutes a threat to physical well being of human or animal life.
     3.     Any dog of a breed or mixed breed which, due to vicious nature, or other characteristics, constitutes a danger to public or private property.
     4.     Any dog which has the disposition or propensity to attack unprovoked.
     5.     Any dog which has without provocation bitten a human being one (1) time

 
B.     The Supervisor of Animal Control shall declare a dog to be dangerous because of any one (1) or more of the following:
     1.   Dogs that meet the definition of "pit bull breed" set forth below:
            i. The bull terrier breed of dog.
            ii. Staffordshire bull terrier breed of dog.
            iii. The American pit bull terrier breed of dog.
            iv. The American Staffordshire terrier breed of dog.
            v. Dogs of mixed breed or other breeds than above listed which breed or mixed breed is known as pit bulls, pit bull dogs, or pit bull terriers.
            vi. Any dog which has the appearance and characteristics of being predominantly of the breeds of bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier; any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers, or a combination of any of these breeds.

 
C.     The following constitutes prima facie evidence of a dangerous dog:
     1.     Records of the Police Department showing a past history of a violation of Subsection (A)(1--5) or (B)(1).
     2.          Evidence is presented in a Court of competent jurisdiction and a judgment is entered into the Court record indicating the dog is considered by the Court to be a dangerous dog.
     3.     An incident occurs during which a serious injury, and/or death results.

 
D.     Any dog found to be a dangerous dog hereunder shall be required to be controlled under the following standards:
     1.     Leash.  No person shall permit a dangerous dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length.  (No person shall permit such a dangerous dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash.  Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc.)
     2.     Confinement.  When not on a leash being physically controlled by a person a dangerous dog shall be securely confined in a locked pen or kennel consisting of a structure which has secure sides and a secure top attached to the sides, and either a secure bottom attached to the sides or the sides of the pen must be embedded in the ground at least two (2) feet.  Such enclosures shall be no less than six (6) feet wide, six (6) feet deep and six (6) feet high and shall adhere to all building and zoning regulations of the City of Pleasant Valley.  All such enclosures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
     3.     Confinement indoors.  No dangerous dog may be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit such building on its own volition.  In addition, no such dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
     4.     Placarding premises.  All owners, keepers or harborers of dangerous dogs within the city shall within ten (10) days of the effective date of this chapter display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dangerous Dog". In addition, a similar sign is required to be posted on the kennel or pen of such dog. 
 
     5.    Muzzle. All dangerous dogs on a leash outside the animal’s enclosure or pen must be muzzled by a device sufficient to prevent such dog from biting persons or other animals or fowl. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration.
 
E.     The Supervisor of Animal Control or Police Department shall take control of and remove to the Animal Shelter or other facility providing adequate shelter, food, and medical care, any dangerous dog that is involved in an incident where the owner, harborer, or keeper has been issued a general ordinance summons for a violation of any Subsection of this Section until such time as the Court disposes of the case involving the dog(s) in question.
 
F.     Any dog found to be a dangerous dog under Subsection (A)(5); or Subsection (C)(3) may be humanely killed as directed by a court of competent jurisdiction if it is found that the dog is too great a threat to human or animal life to be released to the owner, keeper, or harborer.
     1.     Exceptions of the aforesaid may be granted by the Supervisor of Animal Control if the investigating Police Officer determines both:
          a.     That the incident occurred while the animal involved was confined and legally kept upon the property of the owner, and
          b.     That the person injured was upon the property without the express or implied consent of the owner and was not there performing functions of a job.
G.     The Supervisor of Animal Control or the Police Department may destroy a dangerous dog as a last resort if it is not reasonably possible to catch the dog without injury and/or death to human or animal life or damage to public or private property within the City. Furthermore, the Animal Control Officer or Police Officer shall not put himself/herself in any position of danger of being attacked in the course of destroying a dangerous dog.
H.    It shall be unlawful for any owner, harborer, or keeper to fail to comply with any Subsection of this Section.  Failure to comply may result in the immediate impoundment of the dog(s) in question and revocation of their license.
I.          Notice to Owners Concerning Pit Bulls. Owners of licensed dogs defined as "pit bull breed" under this Section shall be provided with written notice by the animal control unit that such owners must comply with the dangerous dog provisions of this Section, unless such owners meet the following provisions:
 
Owners of pit bull breed dogs that are currently licensed as of the effective date of Ordinance___________ (___________________, 2009) are exempt from the requirements of this chapter relating to dangerous dogs, except for registration requirements, for the lifetime of a dog so licensed, unless said dog constitutes a threat to human life or animal life evidenced through the dog actions or behavior. Owners of pit bull breed dogs that have not been previously licensed shall be allowed a grace period of 90 days from the effective date of this Section to properly identify and license their dogs as pit bull breeds. Owners that comply within this grace period shall be exempt from the provisions of this section relating to dangerous dogs, including the enhanced restraint and insurance requirements, for the lifetime of each dog so licensed, unless such dog is in the future determined to meet the conditions of this section to be designated as a "dangerous dog."
 
J.          Registration.  Owners of dangerous dogs within the corporate limits of the city shall be required to register their dogs with the animal control officer as a "dangerous dog" within thirty (30) days of the effective date of the ordinance from which this section is derived, or upon the determination that the dog is a dangerous animal by the animal control officer, or a court of competent jurisdiction.  Upon registering a pit bull, all owners, keepers or harborers of said pit bull dogs must provide to the city clerk two (2) color photographs (two (2) different poses) of the animal clearly showing the color and approximate size of the animal. Once initial registration has occurred, the Owner of a dangerous dog shall be required to renew said registration on an annual basis and in accord with Subsection N hereof.
 
K.        Reporting requirements for Pit Bulls.  All owners, keepers or harborers of pit bull dogs must notify the city clerk in writing within ten (10) days of the occurrence of the following: 
a.   The removal from the city or death of a pit bull dog;
b.   The birth of offspring of a pit bull dog;
c.   The new address of a pit bull dog owner should the owner move within the corporate city limits.
 
L.         Sale or transfer of ownership prohibited.  No person shall sell, barter or in any other way dispose of a dangerous dog registered with the city to any person within the city unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such dog; provided, that the registered owner of a dangerous dog may sell or otherwise dispose of a dangerous dog or the offspring of such dog to persons who do not reside within the city. 
 
M.        Sterilization. Any animal declared dangerous shall be prevented from reproducing by spaying or neutering of the animal. The owner of such animal shall provide proof of such sterilization of the animal to the animal control officer within 30 days of the notification date of the need for this sterilization.
 
N.        Insurance. All owners of dangerous dogs within the corporate limits of the city shall provide proof to the animal control officer of public liability insurance in a single incident in the amount of $300,000.00 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 of such dog. Insurance companies issuing such policies shall notify the City upon the cancellation or nonrenewal of any such policy. Upon initial registration and/or subsequent yearly registration of such animal the owner shall provide proof of such insurance for the present registration period and proof that such insurance was maintained throughout the period of the prior registration period. In the event such required insurance is cancelled, expired, or for any other reason becomes non-enforceable, the owner of the dangerous animal shall be in violation of the provisions of this chapter and subject to the penalties provided in this Section.
O.     Biting Dogs Running At Large.  It shall be unlawful for any person owning, keeping or harboring any dog to permit, suffer or allow said dog to run at large (as defined in Section 205.080) within the City; and if said dog causes injury to a human by biting or scratching while running at large, said owner, keeper or harborer shall upon conviction be punished pursuant to Subsection P below.
P.     Penalty Section.  Any violation of any parts of this Section shall be punishable pursuant to Section 205.480.
SECTION 2. This Ordinance shall be effective immediately upon its passage by the Board of Aldermen and approval by the Mayor.
 
PASSED THIS ___ DAY OF ________________, 2009.
 
                                                                                                                                                                                                                                    ____________________________
                                                                                    DAVID SLATER, MAYOR
 
ATTEST:
 
______________________________
CITY CLERK
 
 
 
APPROVED THIS ___ DAY OF ______________, 2009.
 
                                                                                                                                                                                                                                    _____________________________
                                                                                    DAVID SLATER, MAYOR
 
 
 
ATTEST:
 
______________________________
CITY CLERK