Section 5-57 Dangerous or aggressive animals.
Prior to the adoption of Ord. 18576 on 07/05/2005, Section 5-57 read as follows.
(a) No person shall own, keep,
harbor or allow to be in or upon his premises any
dangerous or aggressive animal unless it is confined in accordance with the provisions
section. An animal is shall be considered vicious dangerous or aggressive:
(1) If it bites or otherwise injures any person or domestic
animal or pet, or
(2) If it habitually snaps at, growls or otherwise
manifests a disposition to bite, attack or
injure any person or domestic animal or pet, or
(3) If it causes any person to have a reasonable fear
of immediate serious physical injury.
untrained dog maintained and utilized by the Columbia Police
Department as a police dog
shall not be considered a vicious dangerous or aggressive animal so long as
it is maintained and
utilized by the Columbia Police Department as a police dog.
Vicious Dangerous or aggressive animals
shall be securely confined indoors or in a
securely enclosed and locked kennel or cage. The kennel or cage shall be of a size appropriate to
the size of the animal kept therein and shall provide adequate ventilation, shade from the sun and
protection from the elements. In the event of a dispute over the appropriate size, the guidelines of
the United States Department of Agriculture shall apply. The kennel or cage must have secure
sides and a secure top attached to the sides. Such kennel or cage must have a secure bottom or
floor attached to the sides or the sides must be embedded in the ground. The kennel or cage must
be locked with a key or combination lock when such animals are within the structure. Any such
kennel or cage must be located at least ten (10) feet from any property line and must comply with
all zoning and building regulations of the city. Kennels for vicious dangerous or
must be at least six (6) feet in height and, unless a secure bottom or floor is attached to the sides,
the sides must be embedded in the ground no less than two (2) feet.
(c) When confined indoors, no
or aggressive animal may be kept on a
porch, patio or in any part of a house, building or structure that would allow the animal to exit
such building on its own volition. No such animal may be kept in a house, building or structure
when the windows are open. No vicious dangerous or aggressive dog may be kept
in a house,
building or structure when screen windows or screen doors are the only obstacle preventing the
dog from exiting the structure.
(d) No person shall permit a
or aggressive animal to go outside its kennel,
cage or secure structure unless that person has the animal securely leashed on a leash no longer
than four (4) feet in length and that person has physical control of the leash. Such animals shall
not be leashed to inanimate objects such as trees, posts, buildings, etc. Additionally, all such
animals on a leash outside the animal's kennel, cage or secure structure must be muzzled by a
muzzling device sufficient to prevent the animal from biting persons or other animals.
(e) A sign or signs shall be conspicuously posted upon
the kennel or cage of any
dangerous or aggressive animal with letters at least two (2) inches high containing
a warning to
beware of the vicious dangerous or aggressive animal.
All owners, keepers or harborers of any
vicious animal must maintain in effect public
liability insurance in a single incident amount of fifty thousand dollars ($50,000.00) for bodily
injury to or death of any person or persons or for damage to property owned by any persons
which may result from the ownership, keeping or maintenance of such animal. All owners,
keepers or harborers of vicious animals shall present to the animal control officer a statement
certifying that they have the required insurance policy in effect. Such insurance policy shall
provide that no cancellation of the policy will be made unless ten (10) days' written notice is first
given to the animal control officer. Any dangerous or aggressive animal that is not confined
accordance with this section may be impounded by an animal control officer. Except for exigent
circumstances, if the owner of a dangerous or aggressive animal does not consent to removal of
the animal or if the owner of the property on which the animal is located does not consent to
entry onto the property, the animal control officer shall enter the property and remove the animal
only pursuant to a warrant issued by a judge. The dangerous or aggressive animal shall remain
(1) The owner satisfies an animal control officer
that the animal will be confined in
accordance with this section; or
(2) The owner relinquishes ownership of the animal
and the animal is either destroyed or
placed with a person who will keep the animal in a lawful manner; or
(3) A person charged with a violation of this section
has been found not guilty and the judge
orders the animal released; or
(4) A court determines that the animal is not a dangerous
or aggressive animal or that the
animal has been confined in accordance with the requirements of this ordinance.
(g) The owner of the dangerous or aggressive animal
shall pay the boarding fee and
impoundment fee provided for in Sec. 5-5 plus any additional cost incurred by the city in feeding
and caring for the animal. The owner shall be billed periodically by the city for such fees and
expenses. If the owner fails to pay such a bill within ten (10) days after it was mailed, ownership
of the animal shall be deemed relinquished and, after the procedures of this section have been
followed, the animal may either be humanely destroyed or placed with a person who shall keep
the animal in a lawful manner. Bills for fees and costs under this section shall notify the animal
owner that if the bill is not paid within ten (10) days, the animal will be destroyed or placed with
some person who shall keep the animal in a lawful manner. The bill shall also state that the
animal owner may meet with the director of public health or the directors designee to dispute
whether the animal is a dangerous or aggressive animal or the amount of the bill before the
animal is destroyed or placed with another person. If the animal owner wishes to meet, the
owner must request a meeting in writing. The request must be delivered to the director of public
health at the address given for this purpose on the bill. The request must be delivered before
deadline for disposition of the animal indicated on the bill.
(h) All dangerous or aggressive animals shall be photographed
and implanted with an
identifying microchip at the owners expense in accordance with rules established by the director
of health services.
(i) No person shall own, keep or harbor any dangerous
or aggressive animal without a
current annual dangerous or aggressive animal registration issued by the department of health.
The annual fee for a dangerous or aggressive animal registration shall be two hundred seventy-five dollars
($275.00). A prorated portion of the fee shall be refunded if the dangerous or
aggressive animal dies or has been permanently moved outside the city limits.
gj) Upon conviction of any
person of a violation of this section, the municipal judge may,
in addition to the usual judgment upon conviction, order the animal control officer to forthwith
take up and put to death such vicious dangerous or aggressive animal.
(Code 1964, § 5.130; Ord. No. 11910, § 1, 6-6-88; Ord. No. 13168, § 2, 11-18-91; Ord.
15071, § 1, 12-2-96)
Cross reference(s)--Disposition of animals biting or attacking persons,