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CITY CODE CHAPTER 73
CHAPTER 73— ANIMALS
SUBCHAPTER A — ANIMAL PETS
73.0 10 Chapter Definitions.
The following words, terms and phrases, when used in Chapter 73, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adequate care means normal and prudent attention to the needs of an animal, in-cluding wholesome food, clean water, shelter and health care as necessary to maintain good health in a specific species of animal.
Adequate control means to reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal or property.
Animal means every living vertebrate except a human being.
Animal Control Officer means any city official, including, but not limited to, elected officials, appointed officers, agents, employees and police officers.
Cat means both male and female cats.
At large means:
(i)To be freely roaming on the private property of another without the consent of the owner or person in control of the property or to be freely roaming on any public property, street or highway without consent of the public entity in control of the property, street or highway.
(ii)Every dog or cat, when on any street, alley, park, school ground or other public place in the city, which is not attached to a leash, the other end of which is securely held by a person, or every dog or cat, when on private property within the city, which is either not attached to a leash the other end of which is securely held by a person and the leash is of sufficient length and the conditions are such that the dog or cat cannot leave the premises, or which is not so confined by a fence or other device so as to prevent its straying from the premises, shall be deemed running at large.
Dangerous wild animal means a lion, tiger, leopard, ocelot, jaguar, cheetah, mar-gay, mountain lion, Canada lynx, bobcat, jaguarondi, hyena, wolf, coyote or any other deadly, dangerous or poisonous reptile.
Dog includes both male and female dogs.
Domesticated means an animal reclaimed from a wild state and adapted to life with humans.
Livestock means domesticated animals such as cattle, horses and hogs bred or kept for use and commercial profit.
Owner, in addition to its ordinary interpretation, means any person who keeps, harbors or possesses an animal or who professes to be the owner, keeper, harborer or possessor an animal.
Pet means a tame animal kept for human companionship.
73.020Animal abuse, animal neglect, animal abandonment, additional
penalties for violations.
(a)A person commits the offense of animal abuse when such person:
1.Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of 578.005 to 578.023 and 273.030, RSMo;
2.Purposely or intentionally causes injury or suffering to an animal; or
3.Having ownership or custody of a animal knowingly fails to pro-vide adequate care or adequate control.
(b)A person commits the offense of animal neglect when such person has custody or ownership or both of an animal and fails to provide adequate care or adequate control, which results in substantial harm to the animal.
(c)A person commits the offense of animal abandonment when such person has knowingly abandoned an animal in any place without making provisions for its adequate care.
(d)In addition to any other penalty imposed by this section, the court may order a person found guilty of animal abuse, animal neglect or animal abandonment to pay all reasonable costs and expenses necessary for:
I.The care and maintenance of abused, neglected or abandoned animals within the person’s custody or ownership;
2.The disposal of any dead or diseased animals within the person’s custody or ownership;
3.The reduction of resulting organic debris affecting the immediate area of the abuse, neglect or abandonment; and
4.The avoidance or minimization of any public health risks created by the abuse, neglect or abandonment of the animals.
73.030 Control of animals interfering with city employees.
It shall be unlawful for any owner or keeper of an animal to permit such animal to act in such a manner as to hinder or interfere with any city employee from discharging his official duties.
73.040 Interfering with impounded animals.
A person commits the offense of interfering with impounded animals when such person releases, or attempts to release, any animal which is impounded within the city holding pen or which is in the custody or control of any police officer or the animal con-trol officer.
73.050 Destruction of animals running at large.
If any fierce or dangerous animal annoys or endangers any person while running at large within the city or on the premises of any person other than the owner of such animal, it shall be lawful for a police officer or the animal control officer to kill such animal.
73.060 Animal pet license required.
No person shall own or keep within the city any dog or cat over the age of six (6) months without first obtaining an animal pet license therefore from city hall.
73.070 Collection of animal pet license fee.
On the first day of January of each year, City Hall shall proceed to collect the animal pet license fee imposed by this ordinance.
73.080 Issuance of receipt upon payment of animal pet license fee.
(a)The city collector shall issue an original or renewal animal pet license to the applicant therefore, upon proof of rabies vaccination, and upon tender of the animal pet license fee. The city collector shall further maintain a registry of all licenses issued showing the breed, sex, color, size and age of the licensed animal pet, the name and the address of the license applicant.
(b)Upon issuance of the original or renewal animal pet license, the city collector shall deliver to the applicant therefore a metal animal pet tag which such tag shall be displayed by the licensed animal pet at all times that it is not located upon the premises owned or controlled by its owner or keeper. In the event that the metal animal pet license should be lost or becomes unavailable, a duplicate or replacement tag therefore may be issued by the collector upon payment of a fee of one dollar ($1.00).
(c)At the time of application for an original or renewal animal pet license,
the applicant therefore shall pay a fee of two dollars and fifty cents ($2.50).
73.090 Vaccination required, certificate.
(a)Every owner or keeper of any dog or cat over the age of six (6) months within the city limits shall have such dog or cat vaccinated against rabies on or before the first day of June of each year.
(b)The city collector shall not issue the animal pet license until the dog or cat is vaccinated in accordance with subsection (a) of this section and proof thereof is established by a certificate from the veterinarian who vaccinated such animal.
73.100 Establishment, maintenance of holding pen.
(a)The city may establish a suitable place for an animal control holding pen and shall maintain the same in a sanitary condition.
(b)All animal pets held in the designated pen shall be fed and watered at least once a day.
7.110 Impoundment of unvaccinated, unlicensed dogs, cats; fees; ten-day hold.
(a)It shall be the duty of the police officer or animal control officer to capture and impound all dogs and cats over the age of six months found within the city which have not been properly vaccinated for rabies or which were found running at large and upon which a license has not been issued by the city. Any owner claiming any dog or cat so impounded shall pay the animal control officer or police officer, a total sum of twenty-five dollars ($25.00), five dollars ($5.00) acceptance fee, an additional sum of fifteen dollars ($15.00) pickup fee, plus an additional sum of five dollars ($5.00) per day, for each day, or fraction thereof, of impoundment for the release of such dog or cat. All impoundment fees imposed and collected shall be used for defraying the expenses of impoundment and the feeding of the dogs and cats. No impounded animal pet shall be re-leased from the control of any police officer or the holding pen until the impoundment fees imposed by this section have been paid and the animal pet has been vaccinated against rabies and a city license procured therefore. In the event that any dog or cat impounded has not been reclaimed within 10 days from the time it was placed in the pound, it shall be killed by a police officer or animal control officer or licensed veteri-
narian in a humane manner and the carcass buried, or taken to the Lamar City Dog Pound.
(b)Any dog or cat known to have bitten any person shall be held continuously for a period of 10 days from the time of the biting. Such dog or cat shall be held in the city holding pen, unless the owner or keeper specifically requests that a licensed veterinarian hold such dog or cat. Any owner claiming such dog or cat, impounded in the city holding pen shall pay the animal control officer the sum of $15.00 for the release of such dog or cat and shall pay the additional sum of $5.00 per day for each day thereof such dog or cat has been impounded.
73.120 Release of impounded dogs and cats.
No impounded dog or cat shall be released from the control of any police officer or the animal control officer until the impoundment fees imposed by section 73.110 have been paid. Upon the release of a dog or cat:
(i)which is not vaccinated as required in section 73.090 or
(ii)for which a current animal pet license has not been obtained,
the owner of such animal shall, within seven (7) days of such release, provide written proof to the animal control officer that such dog or cat has been vaccinated in accor-dance with section 73.090 and such owner shall obtain an animal pet license and pay the animal pet license fee.
73.130 Number of dogs and cats to be kept.
No person shall possess, keep or harbor within the city any combination of more than four (4) dogs or cats, unless a kennel license has been approved and granted by the Board of Aldermen. In addition to any penalty which may be imposed for violation of this section, the court shall order the defendant to reduce the number of dogs and/or cats possessed, kept or harbored by the defendant to four (4). Should the defendant re-fuse to reduce the number of dogs or cats that defendant possessed, keeps or harbors, the court shall find the defendant in contempt of court and order the immediate confiscation and impoundment of all dogs and cats possessed, kept or harbored by the defendant. In addition to the foregoing penalties, any person who violates this section shall pay all ex-penses, including sums for shelter, food, handling and veterinary care, which may be ne-cessitated by the person’s failure to abide by the provisions of this section.
73.140 Kennel license, required.
Any person who shall own and keep, or harbor upon his premises, more than four (4) dogs other than under the age of six months shall be deemed the owner of a dog kennel. Such owner shall file application therefore on a form provided by the city clerk, prescribed by the Board of Aldermen, which application shall provide information to indicate whether or not the proposed kennel and its operation will violate any provisions of state and city laws and ordinances. If it appears that such kennel and the operation thereof will not be in violation of state and city laws, the city clerk shall issue a kennel license to said applicant upon the payment of the kennel license fee to the city.
73.150 Kennel license Fee.
A dog kennel license fee shall be in the sum of $50.00. The dog kennel license shall be due and payable on January 1M of each year and will become delinquent on Feb-ruary 1S~ If a dog kennel license is not purchased by February F’, a summons will be issued for operating a kennel without a license.
73.160 License duration, revocation.
Such dog kennel license shall permit the applicant to operate such kennel de-scribed in the application for a period of one year, unless said license is revoked; arid any violation of the sections of this ordinance shall constitute sufficient cause for revocation of such license.
73.170 Kennel premises, sanitary.
Kennel premises shall be maintained in a clean and satisfactory and sanitary con-dition at all times and sanitary methods shall be used to obliterate or prevent any offen-sive odors. The city police or animal control officer shall have the right to inspect such kennels at reasonable hours.
73.180 Kennel confinement.
If any dog kennel is licensed to operate within 200 feet of a building used or oc-cupied as a residence, except for the keeper of the kennels, the kennel dogs shall be continuously confined within the kennel building and not allowed to run-at-large or be in the outdoor enclosures of the kennel.
73.190 Kennel housing.
All kennel dogs shall be fed, maintained and housed in separate compartments, and separate outdoor runways and not to come in physical contact with other dogs ex-cept when breeding, and except in cases of mothers and their young. The inside and outside spaces shall be completely cleaned at least twice per day. The breeding shall not be done in public view.
73.200 Running at large, prohibited, penalties, exceptions.
(a)Every owner shall keep such owner’s dog or cat under proper restraint to
prevent such animal from being at large.
(b)In any prosecution charging a violation of this section, proof that any dog or cat was running at large in violation of this section, together with proof that the de-fendant named in the complaint was, at the time described in the complaint, the owner, possessor, harborer or keeper of such animal, shall constitute a prima facie presumption that such owner, possessor, harborer or keeper was the person who failed to keep such animal from running at large.
(c)Penalties for multiple violations:
I.Any person, whether or not the same animal is involved, convicted of violating this section a second time within a two-year period from the date of the first conviction shall be subject to a fine of at least $100.00 and not more than $500.00.
2.Any person, whether or not the same dog is involved, convicted of violating this section a third time within a two-year period from the date of the first conviction shall be subject to a fine of at least $200.00 and not more than $500.00.
3.Any person convicted of violating this section a fourth time within a two-year period from the date of the first conviction may be required to surren-der all or some of his dogs and/or cats currently under ownership to the animal control officer for disposal at their discretion, and, upon such conviction, the judge of municipal court may also order that the owner not be allowed to own any additional dogs and/or cats for up to two years.
(d)This section shall not apply to:
Dogs or cats securely tied or led by a leash of not more than eight (8) feet in length and accompanied by and under the control and supervision of the owner or a competent keeper;
2.A legally blind, deaf or physically disabled person using a guide, hearing or service dog in a customary manner; and
3.Official use of dogs by any governmental unit.
(e)The owner of any dog or cat who fails to keep his dog or cat under re-straint shall be held liable for all damages caused by such animal.
(f)Any dog or cat found running at large and which cannot be safely taken up and impounded, the animal control officer or any police officer, is hereby authorized to use such force as may be necessary to capture such dog or cat, including the killing of such animal.
73.2 10 Penalties for violation.
In addition to other penalties specifically provided for herein, or unless specifi-cally provided otherwise, any person who violates any section of Subchapter A of Chap-ter 73 shall, upon conviction thereof, he punished by a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00).
SUBCHAPTER B — DANGEROUS OR VICIOUS ANIMALS
73.300 Dangerous or vicious animals, determination.
For the purpose of this subchapter, dangerous or vicious animal means any animal which meets any one or more of the following conditions:
(a)An animal which has been trained by its current owner, either personally or professionally as a guard animal or a watch animal.
(b)An animal which has been trained by a previous owner, either personally or professionally, as a guard animal or a watch animal, and the current owner of such animal knows or should reasonably be expected to know that such training occurred.
(c)An animal against which a registered complaint has been received by the city and two pairs of city officials have investigated and found such animal to be dangerous or vicious.
(d)An animal against which four registered complaints from four different households have been received by the city.
(e)An animal that has inflicted a severe or fatal injury on a person on public or private property. Severe injury means any physical injury, resulting directly from an animal’s actions, which results in broken bones, lacerations or any other injury requiring professional medical closure or any other trauma requiring inpatient hospitalization.
(f)Any animal that has killed or severely injured a domestic animal, livestock or poultry, without provocation, while off of the owner’s property.
(g)Any animal owned, kept or harbored primarily or in part for the purpose of animal fighting or any animal trained for animal fighting.
(h)Any animal that has bitten or caused injury to a person, without provocation, on public or private property other than the property of the owner.
(r)Any animal which, while on the owner’s property, has bitten or caused injury to, without provocation, a person other than the owner or a member of the owner’s family who normally resides at the place where the animal is kept.
(j)Any animal which, when unprovoked, chases or approaches a person upon a street, sidewalk or any public grounds, or private property other than property of the owner, in a menacing fashion or apparent attitudes of attack, regardless of whether or not a person is injured by said animal.
(k)Any animal with a known propensity, tendency or disposition to attack
unprovoked, to cause injury or to otherwise threaten the safety of persons or domestic animals.
(1)Any pit bull dog; provided, that pit bull dogs registered with the city on or prior to August 3, 1998, may be kept within the city. A pit bull dog means:
1.The Staffordshire bull terrier breed of dog;
2.The American pit bull terrier breed of dog;
3.The American Staffordshire terrier breed of dog; and
4.Any dog which has the appearance and characteristics of being predominantly of the Breeds of Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier; or a combination of any of these breeds.
(m)The Rottweiler breed of dog.
73.3 10 Exemptions to dangerous or vicious animal classification.
(a)With the exception of section 73.300(a), no animal may be deemed dangerous or vicious if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises of the owner or keeper of the animal, or was teasing, tormenting, abusing or assaulting the animal, or has, in the past been observed or reported to have teased, tormented, abused or assaulted the animal or was committing or attempting to commit a crime.
(b)Animals owned or used by governmental or law enforcement agencies when being used in the services of those agencies are exempt from the provisions of this subchapter.
73.320 Prohibition, exception.
(a)It shall be unlawful to keep, harbor own or in any way possess a dangerous or vicious animal within the city; except dangerous or vicious animals located within the city on August 3, 1998, may be kept within the city upon strict compliance with the standards and requirements set forth in section 73.330.
(b)A person commits the offense of keeping dangerous wild animals when such person possesses, keeps or harbors a dangerous wild animal within the city. This section shall not apply to dangerous wild animals possessed, kept or harbored in a properly maintained and licensed zoological park, a circus, a scientific or educational institution, a research laboratory, a veterinary hospital, or an animal refuge, provided, however, that any such dangerous wild animal is registered with the animal control officer prior to the same being brought to the city.
73.330 Standards for keeping.
The following standards and requirements shall apply to dangerous or vicious animals located within the city on August 3, 1998:
(a)Registration. Each owner, keeper, harbored or possessor of a dangerous or vicious animal shall register such animal with the city clerk.
(b)Leash and muzzle. No person shall permit a dangerous or vicious animal to go outside its kennel or pen unless such animal is securely leashed with a leash no longer than four feet in length. No person shall permit a dangerous or vicious animal 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 animals may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all animals on a leash outside the animal’s kennel must be muzzled by a muzzling device sufficient to prevent such prohibited animal from biting persons or other animals.
(c)Confinement. All dangerous or vicious animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and secure top attached to the sides. All structures used to confine dangerous or vicious animals must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground not less than two feet. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
(d)Confinement indoors. No dangerous or vicious animal may be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such dangerous or vicious animals may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the animal from exiting the structure.
(e)Signs. All owners, keepers, harborers or possessors of dangerous or vicious animals within the city shall, within twenty (20) days of August 3, 1998, display in a prominent place on their premises a sign easily readable by the public using the words “Beware of Dog” or “Beware of Animal”. In addition, a similar sign is required to be posted on the kennel or pen of such dangerous or vicious animal.
(1~ Insurance. All owners, keepers, harborers or possessors of dangerous or vicious animals must within twenty (20) days of August 3, 1998, provide proof to the city clerk of public liability insurance in a single incident amount of $50,000 for bodily injury to or death of any person or persons or for damage to property owned by any person which may result from the ownership, keeping or maintenance of such prohibited animal.
Such insurance policy shall provide that no cancellation of the policy will be made unless twenty (20) days written notice is first given to the city clerk.
(g)Identification photographs. All owners, keepers, harborers or possessors of dangerous or vicious animals must, within twenty (20) days of August 3, 1998, provide to the city clerk two (2) color photographs of the prohibited animal clearly showing the color and approximate size of the prohibited animal.
73.340 Reporting requirements.
All owners, keepers, harborers or possessors of dangerous or vicious animals must, within twenty (20) days of the incident, report the following information in writing to the city clerk as required hereinafter:
(a)The removal from the city or death of a dangerous or vicious animal;
(b)The birth of offspring of a dangerous or vicious animal;
(c)The new address of a dangerous or vicious animal owner should the owner move within the corporate city limits.
73.350 Sale or transfer of ownership.
No person shall sell, barter or in any other way transfer possession of a dangerous or vicious animal 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 animal. The registered owner of a dangerous or vicious animal may sell or otherwise dispose of a dangerous or vicious animal or the offspring of such dangerous or vicious animal to a person or persons who do not reside within the city.
73.360 Restriction on offspring.
All offspring born of dangerous or vicious animals registered within the city must be removed from the city within six weeks of the birth of such animal.
73.370 Irrebuttable presumptions.
There shall be an irrebuttable presumption that any animal registered with the city as a dangerous or vicious animal, or any animal prohibited by subsections (1) and (m) of section 73.300, is in fact a dangerous or vicious animal subject to the requirements of Subchapter B of Chapter 73.
73.380 Failure to comply.
It shall be unlawful for the owner, keeper, harborer, or possessor of such animal
registered with the city to fail to comply with the provisions, requirements and conditions set forth in this subchapter. Any animal found to be the subject of a violation of Subchapter B of Chapter 73 shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal resulting in the immediate removal of the animal from the city.
73.390 Penalties for violation.
Any person violating or permitting the violation of any section of Subchapter B of Chapter 73 shall upon conviction in Court be fined a sum not less than $250 and not more than $500 for each violation. In addition, the court shall order the registration of the subject animal revoked and the animal removed from the city. Should the defendant refuse to remove the animal from the city, the court shall find the defendant in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of any section of Subchapter B of Chapter 73 continues shall be deemed a sepa-rate offense. in addition to the foregoing penalties, any person who violates any section of Subchapter B of Chapter 73 shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the person’s failure to abide by the provi-sions of Subchapter B of Chapter 73.
CITY CODE CHAPTER 73
SUBCHAPTER C — LIVESTOCK
73.400 Keeping of livestock, restrictions.
(a)No person shall possess, keep or harbor within the city a cow, bull, mare, jack, horse, goat, sheep, pig, swine, hog, chicken, duck, turkey or other domestic fowl in a outdoor enclosure, outbuilding or pasture, the exterior boundary of which is within one hundred (100) feet of the dwelling house of another, or a church, school or place of business, without the prior, written consent of the occupant of such dwelling house, trustees or directors of such church or school, or owner of such place of business, as the case may be.
(b)No person shall possess, keep or harbor within the city more than one (1) cow, bull, jack, horse, goat, sheep, pig, swine, hog, chicken, turkey or other domestic fowl, or any combination of such animals or fowl in an outdoor enclosure, outbuilding or pasture, unless such enclosure, outbuilding or pasture shall have an area of one-half acre for each of such animals and fowl; provided, that this area requirement shall not apply to the keeping of suckling offspring.
(c)No person shall keep a pig, swine or hog within the city without first having said animal tested and vaccinated for brucellosis.
(d)The provisions of the Section shall not applicable to any lawfully operated stockyard, slaughterhouse, rodeo grounds, or any college or university.
(e)The provisions of this section shall to be applicable to those individuals who on July 6, 2004, were possessing, keeping or harboring livestock on property which they own or lease. This exception shall continue until ownership of the property changes, the tenant’s lease is terminated or the person or persons in ownership or possession, as of July 6, 2004, no longer use the property for this purpose.
73.410 Requirements and maintenance of fences, corrals, etc.
Every person owning land within the city upon which livestock is kept or permit-ted to be kept, by the landlord or otherwise, shall provide and maintain fences, corrals, tethers or similar devices to confine or restrict livestock to such property. Whenever it is determined by the animal control officer that such devices are lacking, inadequate or not in good repair, the animal control officer or police officer shall notify the landowner, in writing, that he or she is not in compliance with this section and shall order the said landowner to provide, replace, reinforce or repair such devices within ten (10) days. Failure of said landowner to comply with such order within ten (10) days shall constitute a violation of this section. Each day that such landowner fails to so comply after the expiration of said ten (10) days shall constitute a distinct and separate offense.
73.420 Livestock, fowl prohibited at large; impoundment.
(a)Every owner shall keep such owner’s livestock or fowl under proper restraint to prevent such animal from being at large.
(b)In any prosecution charging a violation of this section, proof that any live-stock or fowl was running at large in violation of this section, together with proof that the defendant named in the complaint was, at the time described in the complaint, the owner, possessor, harborer or keeper of such animal, shall constitute a prima facie presumption that such owner, possessor, harborer or keeper was the person who failed to keep such animal from running at large.
(c)If any livestock or fowl is found running at large within the city the same shall be taken up by the animal control officer or any police officer and impounded in the city holding pen or designated holding area.
SUBCHAPTER E - PROHIBITED ANIMALS
73.400. Animals, Keeping Prohibited. It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City of Golden City, Missouri, any of the following described in animals, herein collectively referred to in Subchapter E as “prohibited animals”:
(I)Any warm-blooded, carnivorous or omnivorous, wild or exotic animal including but not limited to non-human primates, raccoons, skunks, foxes and wild and exotic cats; but excluding fowl, ferrets, and small rodents of varieties used for laboratory purposes;
(2)Any animal having poisonous bites;
(3)Any pit bull dog; provided, that pit bull dogs registered with the City on the effective date of Subchapter E may be kept within the City subject to the standards and requirements set forth in Section 73.4 10. ‘Pit bull dog”is defined to mean:
(a)The Staffordshire bull terrier breed of dog;
(b)The American pit bull terrier breed of dog;
(c.) The American Staffordshire terrier breed of dog; and
(d)Any dog which has the appearance and characteristics of being predominantly of the Breeds of Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier; or a combination of any of these breeds; and
(4)The Rottweiler breed of dog.
(Ord. No. 635, 8/3/98)
73.410. Keeping of Prohibited Aninials. The provisions of Section 73 .400 are not applicable to owners, keepers or harborers of prohibited animals registered with the City as of the 3d day of August, 1998, the effective date of Subchapter E. The keeping of prohibited animals, however, shall be subject to the following standards:
(1)Leash and Muzzle. No person shall permit a prohibited animal to go outside its kennel or pen unless such prohibited animal is securely leashed with a leash no longer than four feet in length. No person shall permit a prohibited animal 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 prohibited animals may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all prohibited animals on a leash outside the animal’s kennel must be muzzled by a muzzling device sufficient to prevent such prohibited animal from biting persons or other animals.
(2)Confinement. Al! prohibited animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided.
Such pen, kennel or structure must have secure sides and secure top attached to the sides. All structures used to confine prohibited animals must be locked with a key or combination lock when such prohibited animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground not less than two feet. All structures erected to house prohibited animals must comply with all zoning and building regulations of the City. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition,
(3)Confinement Indoors. No prohibited animal may be kept on a porch, patio or in any part of a house or structure that would allow the prohibited animal to exit such building on its own volition. In addition, no such prohibited animals 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)Signs. All owners, keepers or harborers of prohibited animals within the City shall within twenty (20) days of the effective date of Subchapter E display in a prominent place on their premises a sign easily readable by the public using the words “Beware of Dog” or “Beware of Animal” In addition, a similar sign is required to be posted on the kennel or pen of such prohibited animal.
(5)Insurance. All owners, keepers or harborers of prohibited animals must within twenty (20) days of the effective date of Subchapter E provided proof to the City Clerk of public liability insurance in a single incident amount of $50,000 for bodily injury to or death of any person or persons or for damage to property owned by any person which may result from the ownership, keeping or maintenance of such prohibited animal. Such insurance policy shall provide that no cancellation of the policy will be made unless twenty (20) days written notice is first given to the City Clerk.
(6)Identification Photographs. All owners, keepers or harborers of prohibited animals must within twenty (20) days of the effective date of Subchapter E provide to the City Clerk two color photographs of the prohibited animal clearly showing the color and approximate size of the prohibited animal
(7)Reporting Requirements. All owners, keepers and harborers of prohibited animals must within twenty (20) days of the incident, report the following information in writing to the City Clerk as required hereinafter:
(a)The removal from the City or death of a prohibited animal;
(b)The birth of offspring of a prohibited animal;
(c.) The new address of a prohibited animal owner should the owner move within the corporate city limits.
(8)Sale or Transfer of Ownership Prohibited. No person shall sell, barter or in any other way dispose of a prohibited animal 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 prohibited animal; provided that the registered owner of a prohibited animal may sell or otherwise dispose of a prohibited animal or the offspring of such prohibited animal to a person or persons who do not reside within the City.
(9)Animals Born of Prohibited Animal. All offspring born of prohibited animals registered within the City must be removed from the City within six weeks of the birth of such prohibited animal. (Ord No. 635, O~/O398)
73.420.lrrebuttable Presumptions. There shall be an irrefutable presumption that any prohibited animal registered with the City as a prohibited animal or any of those animals prohibited by Section 73 .400 is in fact a prohibited animal subject to the requirements of Subchapter E. (Ord No 635. 8/3/98
73.430.Failure to Comply. It shall be unlawful for the owner, keeper or harborer of a prohibited animal registered with the City of Golden City to fail to comply with the provisions, requirements and conditions set forth in Subchapter E. Any prohibited animal found to be the subject of a violation of any section of Subchapter F shall he subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal resulting in the immediate removal of the animal from the City. (Ord No 635, 8/3/98)
73.440.Violations and Penalties. Any person violating or permitting the violation of any section of Subchapter E shall upon conviction in Municipal Court be fined a sum not less than $250 and not more than $500. In addition to the fine imposed the Court may sentence the defendant to imprisonment in the county jail for a period not to exceed ninety (90) days. In addition, the court shall order the registration of the subject prohibited animal revoked and the prohibited animal removed from the City. Should the defendant refuse to remove the prohibited animal from the City the municipal court judge shall find the defendant in contempt and order the immediate confiscation and impoundment of the prohibited animal. Each day that a violation of any section of Subchapter E continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates any section of Subchapter E shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of Subchapter E. (Ord. NO. 635. 8/3/98)
73.450.Severability. If any section, sentence, clause or phrase of Subchapter E is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of Subchapter E. (Ord No.635, 8/3/98)
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