Section 106-359; Ord. 18576; Amending Chapter 5 of the City Code relating to animals and fowl


Ordinance No.            18576                      Council Bill No.            B 215-05           


AN ORDINANCE

amending Chapter 5 of the City Code relating to animals and fowl; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  Chapter 5 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

    Material to be deleted in strikeout; material to be added underlined.

Sec. 5-3. Disposition of animals biting or attacking persons.

    (a)     Except as provided in subsections (b), (c) and (d), aAny dog, except a trained dog maintained and utilized by the Columbia Police Department as a police dog, or cat which bites, injures or attacks any person shall be immediately taken up and impounded for a period of ten (10) days. The animal shall be so impounded in Boone County, Missouri by the animal's owner with a veterinarian of the owner's choice or with a veterinarian in another location approved by the health officer director of public health or the director’s designee. It shall be unlawful for the animal's owner to refuse to so impound the animal. If the animal's owner does not impound the animal, the animal control officer is authorized to impound the animal in the city pound. If, within such the period of ten (10) days, such the animal does not develop or manifest hydrophobia or rabies, it may be redeemed by the owner upon the payment of a the boarding fee and impoundment fee provided for in section 5-5 of five dollars ($5.00) per day if the animal is in the custody of the city, or the payment of usual and customary fees if the animal has been in the custody of a veterinarian of the owner's choice. If such the animal is not redeemed at the end of such the ten-day period, it shall be humanely disposed of, as is provided for in this chapter. If such the animal does develops signs of rabies, it shall be the duty of the animal control officer to cause such shall have the animal to be examined by a licensed veterinarian. Any other warm-blooded animal which bites, injures or attacks any person may, upon the order of the municipal judge, be impounded and humanely euthanized, and the brain and/or other structures submitted for rabies diagnosis.

    (b)     Any trained dog maintained and utilized by the Columbia Police Department as a police dog which has been vaccinated against rabies as required by this Code and which while under the control or direction of the Columbia police bites or attacks any person shall be examined, impounded or tested as the City of Columbia Health Ddirector of public health deems appropriate.
    (c)     Any trained dog maintained and utilized by the Columbia Police Department as a police dog without the vaccination against rabies required by this Code which bites or attacks or injures any person, or which bites, attacks or injures a person when not under the control or direction of the Columbia police shall be impounded as set out in (a) above. If any dog or cat that has been vaccinated against rabies as required by this chapter bites a veterinarian while the veterinarian is examining or treating the animal, the animal shall be examined, impounded and tested only to the extent the veterinarian deems appropriate.

    (d)    In lieu of the impoundment requirements of subsection (a), a dog or cat that bites, injures, or attacks any person may, at the discretion of an animal control officer, be impounded at its owner’s place of residence, if all of the following requirements are met:

    (1)    The animal has been vaccinated against rabies, as required by this chapter;

    (2)    The animal was properly licensed by the city at the time of the incident;

    (3)    Neither the animal nor any other animal kept at the owner’s residence has a history of running at large;

    (4)    The animal does not have a history of causing injury to any person or animal;

    (5)    The animal’s owner authorizes animal control officers to monitor the animal’s condition for ten days; and

    (6)    The animal’s owner agrees to have the animal examined by a veterinarian on the tenth day of impoundment.

    (7)    No one is being charged with a violation of Sec. 5-57 involving the animal to be impounded.

. . .

Sec. 5-5. Redemption; payment of fees; disposition of unredeemed animals.

    (a)    At any time prior to the disposal of any animal, fowl or reptile, as herein defined, by the animal control officer, tThe owner of any animal impounded for running at large that is not a dangerous exotic animal or a dangerous or aggressive animal thereof may redeem the such animal upon proof of ownership satisfactory to the health animal control officer of ownership thereof and upon paying a boarding fee of ten dollars ($10.00) for each day or part of day the such animal has been impounded and an impoundment fee of twenty dollars ($20.00) for each and every impoundment.

    (b)     In addition to paying the fees prescribed in subsection (a) hereof, if the animal is a domestic dog or cat, the owner thereof may redeem the such animal only upon further proof satisfactory to the health animal control officer that the animal same has been vaccinated for rabies by a licensed veterinarian with a vaccine that which will, in the opinion of the health officer, be effective during the full term for which the animal license, if any, is issued. If the an owner seeks to redeem an animal required to be vaccinated for rabies and cannot present satisfactory proof of such vaccination, and that the animal was vaccinated, such vaccination, if any, will be effective during the full term for which the animal license was issued, then the animal control officer shall not release the animal unless the officer is satisfied that the animal will be properly vaccinated, prior to releasing such animal, cause the same to be vaccinated for rabies by a licensed veterinarian with the type of vaccine approved by the city health officer, and the cost of such vaccination shall be paid by the owner.

    (c)     At the end of five (5) days, except as otherwise herein provided, if an impounded animal impounded for running at large that is not a dangerous exotic animal or a dangerous or aggressive animal, fowl or reptile has not been redeemed, the animal control officer may is at liberty to dispose of the such animal in any one of the following ways:

    (1)    Release of the animal to the local humane society at no charge.

     (2)    Humane destruction of the animal in a manner approved by the director of public health city health officer and the board of animal control.

     (3)    Release of the animal to any responsible person over seventeen who expresses expressing a desire for any given animal after payment of the prescribed impoundment fees and completion of the licensing-vaccination procedure before release.

    (4)    Release of the animal to an accredited school, college or university within the state which has a recognized research program and whose methods of animal care and use are approved by the director of public health city health officer and of animal control, upon payment of outstanding fees.

    (d)    All fees collected by the animal control officer shall be paid over to the director of finance.

    (e)    The director of public health may waive all or a portion of the boarding fee and impoundment fee if the director determines that the animal is not vicious and that the owner of the animal is unable to pay the fees.

Sec. 5-6. Animal abuse; unlawful impoundment; unlawful confinement.

    (a)    Actions deemed misdemeanors. Any person who shall cruelly overwork any domestic animal or shall cruelly drive or work the same when unfit for labor, or shall abandon the same to die, or shall beat, ill-treat, torment or cause injury or unnecessary pain to any animal, or shall carry or cause the same to be carried, moved or kept in or upon any vehicle in a cruel or inhumane manner, or shall impound or confine or cause to be impounded or confined in any place any animal or creature and fail to supply the same during such confinement with the following: Unlawful acts.  It shall be unlawful for any person to:

    (1)    Cruelly overwork any domestic animal;

    (2)    Cruelly work any domestic animal that is unfit for labor;

    (3)    Abandon any domestic animal to die;

    (4)    Beat, ill-treat, torment or cause injury or unnecessary pain to any animal; or

    (5)    Carry or cause to be carried any animal in or on any vehicle in a cruel or inhumane manner.

    (b)    Unlawful impoundment.  It shall be unlawful for any person to impound or confine any animal or cause any animal to be impounded or confined without supplying the following:

    (1)    A structurally sound, properly ventilated, sanitary, dry and weatherproof shelter suitable for the species, age and condition of the animal., which is The shelter must be free of litter or and hazardous substances and objects and which provides must have access to shade from direct sunlight and must allow regress from exposure to inclement weather conditions;

    (2)    Wholesome foodstuffs suitable for the species which is provided at suitable intervals in a sanitary manner in quantities sufficient to maintain good health in the animal considering its age and condition;

    (3)    Constant access or access at suitable intervals to a supply of clean, potable, unfrozen water, provided in a sanitary manner and in sufficient amounts for the species animal to maintain good health in the animal; and

    (4)    Normal and prudent attention to the needs of the animal, including all necessary immunizations, sufficient exercise and rest to maintain good health and the provision to each sick or injured animal of the necessary veterinary care or humane death;.

shall be deemed guilty of a misdemeanor.

    (c)    Unlawful confinement in vehicle.  It shall be unlawful for any person to confine any animal or cause any animal to be confined in a vehicle under weather conditions that endanger the health of the animal.

    (d)    Defenses.  Nothing in this section shall be construed so as to prevent a persons from taking whatever action is necessary to defend himself themselves, another individuals or an animals when endangered by an animal attack.  Nothing in this section shall be construed to prevent any person from performing any act permitted by section 578.007 RSMo or by any other Missouri or federal law.

    (be)     Removal of animals; impoundment. Each animal control officer and authorized agent of Tthe Central Missouri Humane Society may shall have the power and be authorized to make recommendation to the director of public health services or his authorized representative, that an animals be removed from a private owners and placed in the custody of such the director of public health services or his authorized representative in cases where the health or safety of the animal is, in the opinion of the director or his representative, in immediate danger or where the animal shows evidence of neglect or abuse. Such The director, upon determining that an animal is in immediate danger or shows evidence of neglect or abuse, or his representative shall have the power to may authorize the animal control officer or Humane Society agent to remove such animals, except from houses, without the consent of the owners, for the protection of the animals, and shall have the right to may retain custody of such animals until the threat to the health or safety of the animals, in the opinion of the director or his representative, has been removed. Except for exigent circumstances, if the owner of an animal that is neglected, abused or in danger 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 or Humane Society agent shall enter the property and remove the animal only pursuant to a warrant issued by a judge. Any expense incurred in such the impoundment of an animal under this section becomes a lien on the animal impounded and must be discharged before the animal is released from the custody of the director or his representative. Fees for dogs, cats and other small animals shall be consistent with section 5-5 of this article. In the case of large animals, private livestock haulers, stables, and other services may be used utilized by the director or his representative. The actual cost of the city for these services shall be charged in lieu of the schedule costs set forth in section 5-5. The director of public health may delegate the authority conferred on the director by this subsection.

    (cf)     Disposal of unredeemed animals. When the impounded animal is not claimed by its owner and all impoundment costs satisfied within seven (7) five (5) days from the date of impoundment, such the animal may be sold at public or private sale for fair consideration to a person capable of providing care consistent with this section., with tThe proceeds of that the sale shall be applied first to discharge of the lien, and any balance to shall be paid over to the owner. If no purchaser is found, the animal may be disposed of in a manner consistent with section 5-5 of this article.

    (dg)     Interfering with enforcing authority. It shall be unlawful for Aany person who shall to interfere with the director or his the director’s authorized representative in the performance of his the duties, as set forth in this section subsections (b) and (c) above, shall be deemed guilty of a misdemeanor.

. . .

Sec. 5-10.  Sale of exotic animals.

    (a)    Prohibited. No person shall sell, or offer for sale, within the limits of the city, any exotic animal, as defined in section 5-1 of this chapter.

    (b)     Penalty.  Any person found guilty of violating paragraph (a) above shall, upon conviction, be subject to a fine not to exceed one hundred dollars ($100.00), or thirty (30) days in jail, or both. Each and ever day such violation occurs or is allowed to continue shall constitute a separate offense.

. . .

Sec. 5-17.  Expedited hearings.

    The municipal court, upon request of either party, shall expedite the trial or any hearing involving an impounded animal.

Secs. 5-178--5-25. Reserved.

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Sec. 5-29. Dangerous exotic animals.

    (a)     No person shall keep, harbor, own or knowingly allow to be in or upon his the person’s premises any dangerous exotic animal including any lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, bear, hyena, wolf, coyote, ferret, any deadly, dangerous or poisonous venomous reptile or any other exotic animal declared by the director of public health officer to be dangerous. Provided, that the provisions of this section shall not apply to a properly maintained and licensed zoological park, circus, scientific or educational institution, research laboratory or veterinary hospital.

    (b)     Any person who owns and keeps a ferret in or upon his premises on June 6, 1988, may register his ferret with the health officer on or before, July 1, 1988. The prohibition of subsection (a) of this section shall not apply to any such registered ferret. The prohibition of subsection (a) of this section shall not apply to the offspring of any such registered ferret until the offspring reach the age of two (2) months. Any animal that is determined by an animal control officer to be a dangerous exotic animal shall be immediately impounded.  Except for exigent circumstances, if the owner of the dangerous exotic 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 exotic animal shall remain impounded until:

    (1)    The director of public health determines that the animal is not an exotic dangerous animal; or

    (2)    The owner satisfies an animal control officer that the animal will be kept in a lawful manner; or

    (3)    The owner relinquishes ownership of the animal and the animal is either humanely destroyed or placed with a person who shall keep the animal in a lawful manner; or

    (4)    A person charged with a violation of this section has been found not guilty and the judge orders the animal released; or

    (5)    A court determines that the animal is not a dangerous exotic animal.

    (c)    The owner of the dangerous exotic 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 director’s designee to dispute whether the animal is a dangerous exotic 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 the deadline for disposition of the animal indicated on the bill.

Sec. 5-30.  Ferrets.

    (a)    It shall be unlawful for any person to own, or allow to remain on the person’s premises, any ferret over four (4) months of age unless the ferret has received a rabies vaccination by a licensed veterinarian within the past twelve (12) months and the person exhibits proof of such vaccination upon the demand of an animal control officer.

    (b)    The provisions of Sec. 5-3 pertaining to dogs shall apply to any ferret that bites, injures or attacks any person.

Secs. 5-301--5-40. Reserved.

. . .

Sec. 5-57. Vicious Dangerous or aggressive animals.

    (a)     No person shall own, keep, harbor or allow to be in or upon his premises any vicious dangerous or aggressive animal unless it is confined in accordance with the provisions of this 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.

    Any 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.

    (b)     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 aggressive dogs 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 vicious dangerous 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 vicious dangerous 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 vicious dangerous or aggressive animal with letters at least two (2) inches high containing a warning to beware of the vicious dangerous or aggressive animal.

    (f)     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 in 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 impounded until:

    (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 director’s 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 the 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 owner’s 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.

Sec. 5-58. Confinement of dogs.

    (a)     It shall be unlawful for any person keeping, harboring, owning or responsible for a dog to permit the dog to be off of the premises of the person keeping, harboring, owning or responsible for the dog unless the dog is held on a leash by a competent person. The provisions of this section shall not apply to a dog in a vehicle being driven or parked upon a street if the dog is secured in a manner that prevents escape.  For purposes of this section, the common areas, both indoors and outdoors, of an apartment building or other multiple unit residential structure shall not be considered part of the premises of the person keeping, harboring, owning or responsible for a dog.

. . .

Sec. 5-61. Vaccination of domestic dogs and cats--Required.

    No person shall own, keep, harbor or permit to be or remain on or about his premises any dog or cat which, if over three (3) months of age, has not been vaccinated by a licensed veterinarian with a vaccine approved and listed in the current rabies compendium which will, in the opinion of the director of public health officer, be effective during the full term for which such license is issued.

Sec. 5-62. Same--Evidence prior to license issuance.

    Prior to issuing a license tax certificate and license tag, the deputy business license administrator shall require the owner to present satisfactory evidence that the animal has been vaccinated for rabies and that such vaccination, if any, will be effective during the full term for which such animal license is issued. If the owner cannot present such satisfactory evidence of such vaccination, the deputy shall, before issuing a license certificate, cause the animal to be vaccinated for rabies at the expense of the owner with a type of vaccine approved by the city director of public health officer. In evidence of such vaccination, the deputy shall issue to the owner an appropriate certificate of such vaccination bearing the date of vaccination, vaccination certificate number, and the name and address of the veterinarian.
. . .

Sec. 5-68.  Female dogs in heat.

    The owner or person responsible for a female dog in heat shall confine the animal within a building or secure enclosure in such a manner that the animal shall not be accessible to other dogs except for planned breeding.

Secs. 5-689--5-80. Reserved.

. . .

    SECTION 2.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 5th day of July, 2005.