§ 5-19. Dangerous animals.

(a)

Keeping prohibited.

(1)

No person shall keep, shelter, or harbor for any purpose within the city a dangerous animal except as provided in section 5-19 (c) or (g) of this section.

(b)

Defined. "Dangerous animal" means:

(1)

Any animal or reptile which is not naturally tame or gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting serious injury upon, or causing disease among human beings or domestic animals, and having known tendencies as a species to do so.

(2)

Any animal declared to be dangerous by the Kirksville City Council.

(3)

The following animals shall be deemed to be dangerous animals:

a.

Lions, tigers, jaguars, leopards, cougars, lynxes, cheetahs, and bobcats;

b.

Wolves, coyotes and foxes;

c.

Badgers, wolverines, weasels, and skunks;

d.

Raccoons;

e.

Bears;

f.

Monkeys, chimpanzees, and other primates;

g.

Alligators, crocodiles, or any related species;

h.

Venomous snakes;

i.

Constrictor snakes longer than eight (8) feet;

j.

Gila monsters;

k.

Piranhas and sharks in excess of six (6) inches in length;

l.

Any crossbreed of such animals or reptiles which have similar characteristics to the animals or reptiles specified above.

(c)

Exceptions.

(1)

The prohibition contained in section 5-19 (a)(1) of this Code shall not apply to the keeping of dangerous animals in the following circumstances, but all other sections shall still apply:

a.

The keeping of dangerous animals in a public zoo, public aquarium, and bona fide educational or medical institution, humane society, or museum where they are kept as live specimens for the public to view, or for the purpose of instruction, research or study.

b.

The keeping of dangerous animals for exhibition to the public by a bona fide traveling circus, carnival, exhibit or show licensed to perform in the city.

c.

The keeping of dangerous animals in a bona fide, licensed veterinary hospital for treatment.

d.

The keeping of dangerous animals by a wildlife rescue organization with appropriate permit from the Missouri Conservation Commission.

e.

Any dangerous animals under the jurisdiction of and in the possession of the Missouri Conservation Commission.

f.

The transport, entry and display of a dangerous animal at an approved animal show when properly confined in a locked cage or on a leash and muzzle, and personally restrained by a handler or owner of the animal.

g.

Any dangerous animal whose owner meets the requirements of, and gains the approvals required in, section 5-19 (g).

(d)

Regulation of keeping dangerous animals.

(1)

Every person, firm or corporation keeping, sheltering, or harboring a dangerous animal as permitted under section 5-19 (c) and (g) shall at all times keep such animal from biting persons or other animals and be either:

a.

Confined to a securely enclosed and locked cage, pen, or kennel with sides and a secure top attached to the sides, or

b.

Securely leashed with a leash or lead no more than four (4) feet in length, with the owner, his agent, or a member of the owner's immediate family in physical control of such leash or lead. Such animals may not be leashed, chained, or tied to inanimate objects such as trees, posts, buildings, etc.

c.

Meet the special requirements stated in a written permit for the animal allowed in section 5-19 (g).

(2)

No person, firm or corporation owning, keeping, sheltering, or harboring a dangerous animal as permitted under section 5-19 (c) or (g) shall permit or allow such animal to enter upon, be placed in, or traverse any public property, park property, public right-of-way, public waterway, or lagoon, or public sewer system, or any business establishment licensed by the city, or the property of another, except when such animal is being transported while caged or confined.

(3)

It shall be the duty of the persons permitted to keep dangerous animals under section 5-19 (c) or (g) to immediately report to the police department when any dangerous animal is found missing.

(e)

Escape; general prohibition and duty.

(1)

No person shall aid or cause any dangerous animal, whether owned by such person or not, to escape confinement or impoundment, whether such confinement or impoundment be upon such person's property or that of another, by opening any gate, door or window or making any opening of any fence, enclosure of structure, or by unleashing or releasing such animal.

(f)

Seizure, impoundment and disposition of dangerous animals.

(1)

In the event that a dangerous animal is found at large on public or private property, such animal may be destroyed, if in the discretion of the law enforcement officer or his designee, such animal presents an imminent danger to the safety of any person, or other animals. The city shall be under no duty to attempt the confinement or capture of a dangerous animal found at large, nor shall it have a duty to notify the owner of such animal prior to its destruction.

(2)

If a law enforcement officer or his designee determines that a person is keeping, harboring, or sheltering a dangerous animal, in violation of city ordinance, then such person shall be ordered to safely remove such animal from the city, permanently place the animal with an organization or group allowed under section 5-19 (c) of this Code to possess dangerous animals, or destroy the animal at any time after an appeal time period has expired. Notice of such order shall be given in writing to the person keeping, sheltering or harboring the dangerous animal, by being served personally or by first-class mail or by posting to the front door of the last known address. After any appeal period has expired, law enforcement personnel or their designee shall cause the animal to be immediately seized and impounded or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person.

(3)

Any person who is cited or given a ticket and ordered to remove a dangerous animal from the City of Kirksville may plead their case in municipal court. However, the animal shall be removed from the city until such time as the order may be reversed by the municipal court judge. A finding of guilty in municipal court may be appealed to the Adair County Circuit Court, if the appeal is filed within ten (10) days of the finding in municipal court.

(4)

If the original removal order of law enforcement personnel, or their designee, is not complied with within three (3) days of the order, a law enforcement officer or his designee is authorized to seize and impound such dangerous animal. An animal so seized shall be impounded pending any municipal court arraignment, or appeal to the circuit court. If the order to remove the animal is affirmed upon conviction, or on conviction after appeal to the circuit court, then at the end of the impoundment period, law enforcement personnel, or his designee, may allow the animal to be placed with an organization or group allowed under section 5-19 (c) to possess dangerous animals, or destroy such animal in a humane manner. All impoundment fees and fees incurred for the care of the dangerous animal shall be at the expense of the owner of the dangerous animal.

(5)

The owner of the dangerous animal may claim the animal upon showing proof of ownership, payment of all impound and veterinary fees, and agreement to immediately remove the animal from the city upon taking possession of the animal. In the event the owner does not claim the animal, a law enforcement officer or his designee may allow the humane society to cause such animal to be permanently placed with an organization or group allowed under section 5-19 (c) to possess dangerous animals, or shall destroy such animal in a humane manner.

(g)

Dangerous animals residing in the city on or after April 1, 2011 may be considered for an exception of the prohibition. Any application to be considered as an exception must be submitted to the chief of police or to the codes and planning director within thirty (30) days of the passage of this article. The application approval or denial will be determined by the animal's conformance with the following attributes and characteristics:

(1)

The avoidance of or likelihood of the animal escaping;

(2)

The size of the animal in comparison to humans/children;

(3)

The nature of the animal - the animal may not be naturally tame, but has been domesticated to the extent that it is tame or gentle;

(4)

The animal does not have the propensity to kill;

(5)

Past behavioral history of the individual animal, if any.

The chief of police and the codes and planning director of the City of Kirksville will determine within thirty (30) days of receipt of the application whether the request for exception is approved or denied based on the above criteria. There is no appeal of their decision. If the exception is approved, additional safety confinements or rules may be imposed that are in addition to that used for pit bull dogs. Insurance and registration or other standards may be required, and if so, will be stated in the permit that would be issued.

(Ord. No. 11957, § 1, 3-21-2011)