ARTICLE II.   DOGS

          State Law Reference--For similar provisions as to dogs, see RSMo., §273.010, et seq.; for authority, see RSMo. §77.510.

SECTION 205.140:     DEFINITIONS

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

AT LARGE:  Any dog shall be deemed to be at large when it is off the premises of its owner and not restrained by a competent person.

DOG:  Any canine animal, male or female, sexed or neutered.

OWN:  Keep, harbor or have control, charge or custody of a dog.  This term shall not apply to dogs owned by others which are temporarily maintained on the premises of a veterinarian or kennel operator for a period of less than thirty (30) days.

OWNER:  Any person keeping, harboring or having charge or control of, or permitting any dog to habitually be or remain on, or be lodged or fed within, such person's house, yard or premises.  This term shall not apply to veterinarians or kennel operators temporarily maintaining on their premises dogs owned by others for a period of less than thirty (30) days.

RESTRAINED:  Dog controlled by a leash, not more than six (6) feet in length, when the leash is held by a competent person or  within a vehicle being driven or parked on the streets.

VACCINATION AGAINST RABIES:  The inoculation of a dog with rabies vaccine licensed by the United States Department of Agriculture.  Such vaccination shall be performed by a veterinarian duly licensed to practice veterinary medicine in the State. (Ord. No. 3509 §1, 4-15-68; Ord. No. 7230)

SECTION 205.150:     VACCINATION REQUIRED -- EXCEPTION

A.     Every dog four (4) months of age and older shall be vaccinated against rabies.  Young dogs shall be vaccinated within thirty (30) days after they have reached four (4) months of age.  Unvaccinated dogs acquired or moved into the City shall be vaccinated within thirty (30) days after purchase or arrival, unless under four (4) months of age, as specified above.

B.     Every dog shall be re-vaccinated at not more than twelve (12) month intervals thereafter.

C.     The provisions of this Section with respect to vaccination shall not apply to any dog owned by a person temporarily remaining within the City for less than thirty (30) days or any dog brought into the City for field trial or show purposes, nor for hunting dogs in the State for less than thirty (30) days.  Such dogs shall be kept under strict supervision of the owner.  However, it shall be unlawful to bring any dog into the City which does not comply with the animal health laws and import regulations of the State, which are applicable to dogs.  (Ord. No. 3509 §§2, 5, 4-15-68)

SECTION 205.160:     CERTIFICATE OF VACCINATION -- ISSUANCE AND WEARING OF VACCINATION TAG

A.     It shall be the duty of each veterinarian, at time of vaccinating any dog, to complete a certificate of rabies vaccination, in quadruplicate, which includes the following information:

     1.     Owner's name and address.

     2.     Description of dog; breed, sex, markings, age and name.

     3.     Date of vaccination.

     4.     Rabies vaccination tag number.

     5.     Type of rabies vaccine administered.

B.     Distribution of Copies of Certificate Shall be as Follows.  The original forwarded to the owner; first and second copy to the City Clerk; and the third copy retained by the issuing veterinarian.  The veterinarian and the owner shall retain their copies for the interval between vaccinations specified in Section 205.150.  A metal or durable plastic tag, serially numbered issued by the veterinarian, shall be securely attached to the collar or harness of the dog.  Whenever the dog is out of doors, whether on or off the owner's premises, the collar or harness with the vaccination tag shall be worn.  (Ord. No. 3509 §3, 4-15-68)

SECTION 205.170:     COST OF VACCINATION

The cost of rabies vaccination shall be borne by the owner of the dog.  (Ord. No. 3509 §4, 4-15-68)

SECTION 205.180:     IMPOUNDMENT OF RABIES SUSPECTS

A.     Any dog or other animal suspected of being afflicted with rabies, or any dog not vaccinated in accordance with Section 205.150, which has bitten any person and caused an abrasion of the skin of such person, shall be seized and impounded under the supervision of a licensed veterinarian for a period of not less than ten (10) days.  If upon the examination by a veterinarian, the dog has no signs of rabies at the end of the impoundment, it may be released to the owner or, in case of a stray, it shall be disposed of in accordance with applicable laws.

B.     Any dog, vaccinated in accordance with Section 205.150, or other animal which has bitten any person shall be confined by the owner or other responsible person as required by the Mayor for a period of ten (10) days, at which time the dog or other animal shall be examined by a licensed veterinarian.  If no signs of rabies are observed by the veterinarian the dog may be released from confinement. 

C.     All cost associated with impoundment shall be the responsibility of the owner.  (Ord. No. 3509 §6, 4-15-68; Ord. No. 7230, 6-15-92)

SECTION 205.190:     HANDLING OF DOGS BITTEN BY RABID ANIMALS

In the case of dogs known to have been bitten by a rabid animal, the following rules shall apply:

     1.     Unvaccinated dogs.

          a.     In the case of dogs which are not vaccinated in accordance with Section 205.150 and which have been bitten by a known rabid animal, the bitten or exposed dog should be immediately destroyed.

          b.     If the owner is unwilling to destroy the bitten or exposed animal, strict isolation of the animal in a kennel under veterinary supervision for a minimum of six (6) months shall be enforced and have said dog immunized against rabies at the owner's or custodian's expense, by the administration of anti-rabic virus by a licensed veterinarian.

     2.     Vaccinated dog.  If the bitten or exposed dog is vaccinated in accordance with the provisions of Section 205.150, the dog shall be handled as follows:

          a.     Immediately re-vaccinated and confined for a period of thirty (30) days following re-vaccination.

          b.     If the dog is not immediately re-vaccinated, the dog shall be confined in strict isolation in a kennel for six (6) months under the supervision of a veterinarian.

          c.     The dog shall be destroyed if the owner does not comply with item (a) or (b) of this Subsection. 

     3.     All cost associated with impoundment and/or disposal of the animal shall be the responsibility of the owner.  (Ord. No. 3509 §7, 4-15-68; Ord. No. 7230, 6-15-92)

SECTION 205.200:     IMPOUNDMENT

A.     The City Council may authorize a pound and enforcement officers may enter into a cooperative agreement with a licensed veterinarian for the establishment and operation of a pound, or may enter into a cooperative agreement with the Franklin County Humane Society for the impoundment of dogs.

B.     Any dog found off the owner's premises shall be impounded.  All impounded dogs shall be given proper care and maintenance.  Each impounded dog shall be kept and maintained at the pound for a minimum of five (5) days unless reclaimed earlier by the owner.

C.     Notice of impoundment of all animals, including any significant marks of identification, shall be posted with the City Clerk as public notification of impoundment.  Any unvaccinated dog may be reclaimed by its owner during the period of impoundment by payment of prescribed pound fees and complying with rabies vaccination requirement of this Article within seventy-two (72) hours of release.  Any vaccinated dog impounded because of lack of a rabies vaccination and payment of all impoundment fees prior to release.

D.     At the expiration of impoundment a dog may be claimed by payment of established pound fees and by compliance with the rabies vaccination requirement of this Article within seventy-two (72) hours of release.  If the dog is unclaimed at the end of five (5) days, the City may dispose of the dog in accordance with applicable laws or rules and regulations.

E.     Any dog owner shall be notified, if possible, before the dog may be destroyed.  (Ord. No. 3509 §8, 4-15-68; Ord. No. 7230, 6-15-92; Ord. No. 8018 §§1--3, 10-7-96)

SECTION 205.210:     POUND FEES

Impoundment fees shall be borne by the owner.  Upon impoundment the fee shall be twenty-five dollars ($25.00) and for each day the dog is impounded thereafter, the additional fee of eight dollars ($8.00) shall be charged. (Ord. No. 3509 §10, 4-15-68; Ord. No. 7230, 6-15-92; Ord. No. 8018 §4, 10-7-96)

SECTION 205.220:     RUNNING AT LARGE PROHIBITED

No person shall allow any dog owned or in his possession to be at large as provided in this Article unless properly restrained and any dog found at large may be impounded and its owner or keeper subject to prosecution under the terms of this Code.  (Ord. No. 3509 §12, 4-15-68; Ord. No. 3622)

          Cross Reference--Animals generally, running at large, §205.010.

SECTION 205.225:     HARBORING AND KEEPING VICIOUS DOGS

A.     It shall be unlawful to keep, harbor, own, buy, sell, give, receive or in any way possess within the corporate limits of the City of Washington, Missouri:

     1.     Any vicious dog, except as otherwise provided in this Section.  "Vicious dog" is defined to mean:

          a.     Any dog which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal, or any dog which has a known propensity, tendency or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals shall be defined as a "vicious dog".

          b.     Notwithstanding anything to the contrary herein, no dog shall be deemed a "vicious dog" if a threat, injury or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog, or if a person at the time of such thteat, injury or damage was teasing, tormenting, abusing or assaulting the dog, or was threatening or committing an assault or other bodily harm to the owner or keeper, or the owner or keeper's immediate family or their invitees.

          c.     Any dog owned by governmental or law enforcement agencies when being used in the service of those agencies shall be exempt from the requirements specified herein.

B.     Upon conviction of a violation of this Section the violator shall be punished by a fine not less than two hundred fifty dollars ($250.00) or by imprisonment in the City or County Jail not exceeding ninety (90) days, or by both such fine and imprisonment.  In addition, upon a conviction or upon a plea of guilty to a violation of this Section, the court shall order the immediate seizure of the subject vicious dog and shall further order that the subject vicious dog shall be surrendered immediately to the Police Department to be destroyed.  Each day that a violation of this Section continues shall be deemed a separate offense.

C.     Vicious dogs residing or located in the City limits may be kept by their owners, keepers or harborers within the City, subject to the following requirements:

     1.     No person shall permit a vicious 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 a vicious 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.  In addition, all vicious dogs on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.

     2.     All vicious dogs 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 a secure top attached to the sides.  All structures used to confine vicious dogs 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 no less than two (2) feet.  The sides of said structure shall be built so that no part of said animal may extend through to the outside of the structure, and so that no part of the human body may extend through to the inside of the structure.  All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.  In addition to the requirements described herein, all structures shall comply with all zoning and building regulations of the City.  The structure, when occupied by a vicious dog, shall not be occupied by any other animal.  If the vicious dog is a female with offspring under nine (9) weeks of age, the offspring may occupy the same structure as the mother.

     3.     No vicious 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 animal may be kept in a house or other structure when the windows are open or when screen windows or screen doors are the only obstacle to prevent the dog from exiting the structure.

     4.     All owners, keepers or harborers of vicious dogs within the City shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Vicious Dog".  An identical sign must also be placed in a clearly visible location on the kennel or pen of such animal.

     5.     All owners, keepers, or harborers of vicious dogs must provide proof to the City Clerk of public liability insurance in a single incident amount of one hundred thousand dollars ($100,000.00) or more 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.  Such insurance policy shall provide that no cancellation, termination, expiration or change of the policy will be made unless thirty (30) days' written notice is first given to the Washington City Clerk.

     6.     Within ten (10) days of the effective date of this Section, or the acquisition of a vicious dog, every owner, keeper or harborer of a vicious dog shall register said animal with the City Clerk on the "Vicious Dog" registry.  Failure to so register shall constitute a violation of this Section.  Notice of this requirement shall be given by posting a copy of this Section in City Hall.  The owner, keeper or harborer shall, after registration, provide the City Clerk with two (2) color photographs (one (1) showing the left profile and the other showing the right profile) of the registered animal, clearly showing the color, distinguishing marks and approximate size of the animal.

     7.     All owners, keepers or harborers of registered vicious dogs must within ten (10) 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 vicious dog;

          b.     The birth of offspring of a vicious dog; and

          c.     The new address of a registered vicious dog owner should the owner move within the corporate City limits.

     8.     The owner of a vicious dog shall immediately notify the Police Department if the animal is loose, unconfined or missing or has attacked another animal or a human being.

     9.     All vicious dogs shall wear a bright orange collar so that the animal can be readily identified.

     10.     No person shall sell, barter or in any other way dispose of a vicious dog within the City to any person within the City unless the recipient person resides permanently in the same household on the same premises as the owner of such dog, provided that the owner of a vicious dog may sell or otherwise dispose of a dog or the offspring of such dog to persons who do not reside within the City.

     11.     All offspring of vicious dogs within the City must be removed from the City within nine (9) weeks of birth of such animal.

     12.     There shall be an irrebuttable presumption that any dog registered within the City as a vicious dog prohibited by this Section is in fact a dog subject to the requirements of this Section.

     13.     It shall be unlawful for the owner, keeper or harborer of a vicious dog within the City to fail to comply with the requirements and conditions set forth in this Section, and the vicious dog(s) of such owners shall be subject to immediate seizure and impoundment.  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.  Each day that a violation of this Section continues shall be deemed a separate offense.  In addition to the foregoing penalties, any person who violates this Section shall pay all expenses, including shelter, food, handling, veterinary care and testimony, necessitated by the enforcement of this Section.

     14.     In the event owner, keeper or harborer of a vicious dog is a minor, any parent or legal guardian of such minor shall be responsible for fulfilling the requirements of this Section.  In addition to the foregoing, the parent or legal guardian shall be responsible for all injuries and property damage sustained by any person or domestic animal caused by or as a result of an unprovoked attack by said vicious dog.

     15.     Any vicious dog found off the premises of its owner or not securely muzzled, as required herein, may be seized by any Public Officer or Animal Control Officer and the owner or keeper may be brought to trial for violation of this Section.  Upon establishment by a preponderance of evidence that such dog has vicious propensities and that the dog was off the premises of its owner or keeper, the court may order the dog to be destroyed by euthanasia.  In addition, the owner or keeper shall be subject to such penalties as are authorized by the Section.  Notwithstanding any other provisions of this Chapter, any dangerous animal found to be unconfined or not securely muzzled and under restraint as defined herein shall remain impounded until the court makes a determination as to whether the dog is a "vicious dog" and was found to be unconfined or not securely muzzled.  (Ord. No. 03-9480 §§1--2, 12-1-03)