Chapter 4 · Animals

ARTICLE 4. ANIMAL CONTROL

Sections 4-401 to 4-417 · 17 sections

4-401 Destruction for public safety.

If necessary to avoid loss of life, serious injury, or substantial damage to property, an animal control officer or any other law enforcement officer may destroy any animal forthwith.

(Ord. No. 2014-3076, § 2, 7-16-2014; Ord. 20018-3144)

4-402 Animal at large.

It shall be unlawful for any possessor of any animal to permit such animal to be at large as defined by section 4-101.

(Ord. No. 2014-3076, § 2, 7-16-2014; Ord. 2018-3144)

4-403 Apprehension of animal at large.

Any animal running at large within the city shall be apprehended by an animal control officer and impounded, unless the animal control officer is unable, with reasonable effort, to apprehend the animal, or the taking of the animal will likely result in a breach of the peace.

(Ord. No. 2014-3076, § 2, 7-16-2014; Ord. 2018-3144)

4-404 Impoundment of animals.

When an animal control officer or law enforcement officer has reason to believe that any animal poses an immediate danger to the public or to itself, or is not receiving humane treatment, or may be a vicious, dangerous, or potentially dangerous animal as defined by this chapter, or may be an annoyance to the public or injurious to the health, well-being and welfare of the inhabitants of the city, or may have an adverse impact on properties in the area or constitute a blight to adjoining property, the neighborhood, or the city, such as to constitute a nuisance, the animal control officer or a law enforcement officer may, in her or his discretion, take custody of the animal and impound it.

(Ord. No. 2014-3076, § 2, 7-16-2014; Ord. 2018-3144)

4-405 Nuisance proceedings.

In addition to any other remedies provided by city ordinance, nuisance abatement proceedings may be undertaken with respect to any animal that is determined by the animal control officer to be an annoyance to the public and injurious to the health, well-being and welfare of the inhabitants of the city, or which may have an adverse impact on properties in the area or constitute a blight to adjoining property, the neighborhood, or the city. Any such proceeding shall be conducted in accordance with the procedural requirements for other nuisances as set forth in Concordia Code section 13-101.

(Ord. No. 2014-3076, § 2, 7-16-2014; Ord. 2018-3144)

4-406 Confinement of certain animals.

Every female animal in heat shall be kept confined to the possessor’s property or in a veterinary hospital or boarding kennel, in such manner that such female animal cannot come in contact with another animal, except for intentional breeding purposes.

(Ord. No. 2014-3076, § 2, 7-16-2014; Ord. 2018-3144)

4-407 Noisy animals.

(a)It shall be unlawful for any person to possess within the city limits any animal which is in the habit of making noises, by day or night, and disturbing the peace and quiet of any person within the city.

(b)Upon a final determination or finding by the municipal court, or on any appeal therefrom, that any animal has disturbed the peace and quiet of any person, the court, in addition to any fine or assessment of costs permitted by this chapter, may order that such animal shall be muzzled or that the possessor shall take other appropriate remedial action specified by the court to control the noise caused by such animal; or that such animal shall be permanently removed from the city.

(Ord. No. 2014-3076, § 2, 7-16-2014; Ord. 2018-3144)

4-408 Dangerous animals.

Dangerous animal means any animal that:

(a)Without provocation, has inflicted substantial bodily harm on a human being on public or private property; or

(b)Has killed a domestic animal without provocation while off the possessor's property; or

(c)Has been found to be potentially dangerous as defined by section 4-410, and after the possessor has been given reasonable cause to know that the animal is potentially dangerous, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals, or chases or approaches a person upon the streets, sidewalks, or any public property in an apparent attitude of attack.

(d)Is a dog that not received a current rabies vaccination, as shown by documentation of such vaccination.

It shall be unlawful for any person to possess any dangerous animal within the city, and it shall be lawful for any person, or any person on behalf of such person, to kill such animal when in apparent danger of being bitten or otherwise attacked.

Upon a final determination or finding by the municipal court, or on any appeal therefrom, upon complaint duly made, that any animal is dangerous, the court, in addition to any fine or assessment of costs permitted by this chapter, may order that the animal be restrained upon such conditions as may be determined the court, or be permanently removed from the city, or be humanely destroyed. The court may order that any such animal be implanted with an identification microchip. The court shall order the possessor of any such dog to become registered with the city clerk within ten (10) business days. The court may order the possessor of any such animal to purchase liability insurance coverage for the animal, and proof shall be provided to the city clerk within ten (10) business days of the order.

(Ord. No. 2014-3076, § 2, 7-16-2014; Ord. 2018-3144)

4-409 Potentially dangerous animals.

Potentially dangerous animal means any animal that has:

(a)Without provocation, bitten a human or a domestic animal on public or private property; or

(b)Without provocation, chased or approached a person upon the streets, sidewalks, or any public property in an apparent attitude of attack; or

(c)Has a known propensity, tendency, or disposition to attack, unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.

Upon a final determination or finding by the municipal court, or on any appeal therefrom, upon complaint duly made, that any animal is potentially dangerous, the court, in addition to any fine or assessment of costs permitted by this chapter, may order that the animal be restrained upon such conditions as may be determined the court. The court shall order the possessor of any such dog to become registered with the city clerk within ten (10) business days. The court may order the possessor of any such animal to purchase liability insurance coverage for the animal, and proof shall be provided to the city clerk within ten (10) business days of the order

(Ord. No. 2014-3076, § 2, 7-16-2014; Ord. 2016-3107; Ord. 2018-3144)

4-410 Dangerous or potentially dangerous animal administrative proceedings.

Upon the complaint of any person, after written notice to the person or persons, if any, identified as the possessor of the animal, the judge of the municipal court shall hold an administrative hearing to determine whether the animal is dangerous as defined in section 4-409 or potentially dangerous as defined in section 4-410. Conviction of a possessor of an animal pursuant to sections 4-409 or 4-414 shall not be a prerequisite to a proceeding under this section.

(Ord. No. 2014-3076, § 2, 7-16-2014; Ord. 2018-3144)

4-411 Dangerous animal authorized dispositions.

Upon a determination that the animal is dangerous as so defined, the judge may enter an administrative order authorizing and directing that the animal be subject to one or more of the following:

(a)Immediate confiscation and impoundment pending further proceedings.

(b)Confinement or restriction in such manner as the court determines to be appropriate.

(c)Permanent removal from the city.

(d)Implantation with an identification microchip.

(e)Rabies vaccination.

(f)Destruction.

(Ord. No. 2014-3076, § 2, 7-16-2014; Ord. 2018-3144)

4-412 Potentially dangerous animal authorized dispositions.

Upon a determination that the animal is potentially dangerous as so defined, the judge may enter an administrative order authorizing and directing that the animal be subject to one or more of the following:

(a)Confinement or restriction in such manner as the court determines to be appropriate.

(b)Implantation with an identification microchip.

(Ord. No. 2014-3076, § 2, 7-16-2014; Ord. 2018-3144)

4-413 Definitions.

The following word, term and phrase, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

Dog bite is defined as a puncture, tear, bruise or piercing of the skin or injury that requires medical attention caused by an animal.

(Ord. No. 2014-3076, § 2, 7-16-2014; Ord. 2018-3144; Ord. 2020-3171)

4-414 Dog bites.

(a)Any dog that bites a person within the city limits of the City of Concordia must be quarantined until it is determined the dog is vaccinated, and the injury is not of a nature so severe as to need to be quarantined for legal action. If the dog is not vaccinated, the animal must quarantine for 10 days, and received all vaccinations prior to release.

(b)Upon a second or subsequent bite the dog must be quarantined until the next municipal court date.

(c)When quarantine is warranted the charge shall be $25 per day until the dog is released or adjudicated by the City of Concordia Municipal Court. When quarantine is warranted, no in-home quarantine with owner or possessor of the animal will be allowed.

(d)All charges including vaccinations, boarding and any other related costs must be paid to the City of Concordia before the dog is released from custody. In certain circumstances deemed appropriate by the City of Concordia, payment plans for such charges may at the City’s discretion be arranged. Such payment plans shall not exceed six (6) months.

(Ord. No. 2014-3076, § 2, 7-16-2014; Ord. 2018-3144; Ord. 2020-3171)

4-415 Limits on ownership.

It shall be unlawful to own or possess more than four (4) dogs, no matter size or breed, within the City of Concordia. This section shall not apply retroactively. Any citizen of the City of Concordia owning more than four (4) dogs prior to the passage of Ordinance No. 2020-3171 shall not be compelled to reduce the number of dogs in their possession, but shall not be able to replace any animals after that time that would result in the violation of this section after its passage.

This section shall not apply to breeders or those whose dogs are pregnant with puppies. Such section will not apply until the puppies have reached twelve (12) weeks of age at which point the limit of four (4) dogs will be enforced.

(Ord. 2020-3171)

4-416 Failure to comply.

It shall be unlawful for the possessors of an animal defined as dangerous or potentially dangerous to fail to comply with restrictions and conditions ordered pursuant to sections 4-412, 4-414 or 4-415.

(Ord. 2020-3171)

4-417 Costs and penalty for violation of chapter.

Except as stated otherwise in this chapter, any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and punished by a fine not exceeding $1,000.00 plus court costs.

Any possessor of an animal found to be at large, or a nuisance, or vicious, dangerous, or potentially dangerous, or otherwise impounded for any reason, shall pay to the city all reasonable costs incurred by the city in seizing, impounding, confining, or destroying any such animal. Such costs shall be imposed in addition to any other penalty or restriction imposed.

(Ord. 2020-3171)