Legal Documents of Maryville

The owner of a vicious dog or cat shall be subject to the following requirements:

1. Confinement. All vicious dogs or cats shall be securely confined indoors or in an enclosed and locked pen or structure upon the premises of the owner that is suitable to prevent the entry of children and is designed to prevent the dog or cat from escaping. The pen or structure shall have minimum dimensions of five feet (5') in width and length by ten feet (10') in height and must have secure sides and a secure top attached to the sides. If no bottom is secured to the sides, the sides must be embedded into the ground no less than two feet (2'). All pens or structures must be kept clean and sanitary. The enclosure must provide shelter and protection from the elements and must provide adequate exercise room, light and ventilation. Under no circumstances may a vicious dog or cat be confined by a fence, whether it is electronic, a similar underground wire system, or otherwise. Under no circumstances may more than one (1) dog or cat be kept in any one (1) pen or structure.
2. Indoor confinement. No vicious dog or cat may be kept on a porch, patio or in any part of a house or structure that would allow the dog or cat to exit the structure on its own volition. In addition, no vicious dog or cat may be kept in a house or structure when open windows or screen doors are the only obstacle preventing the dog or cat from exiting the house or structure.
3. Number of vicious dogs or cats per residence. Only one (1) animal that has been declared vicious may be owned per residence.
4. Leash and muzzle. The owner of a vicious dog or cat shall not allow the dog or cat to go outside its kennel, pen, or structure unless the dog or cat is muzzled, under the physical control of a capable adult, and restrained by a leash not more than four feet (4') in length, which shall be bright yellow in color, and of sufficient strength to control the dog or cat. The muzzle must not cause injury to the dog or cat or interfere with its vision or respiration, but must prevent the dog or cat from biting any human being or animal.
5. Signs. The owner of a vicious dog or cat shall display, in a prominent place on the owner's premises, a clearly visible warning sign reading "Beware of Vicious Dog." The sign shall be readable from the driveway entrance or street. The owner shall also display a sign with a symbol warning children of the presence of a vicious dog or cat. Similar signs shall be posted on the dog's or cat's kennel, pen or structure. The sign shall be at least twelve inches (12") by twelve inches (12") in size.
6. Insurance. The owner of a vicious dog or cat shall obtain public liability insurance of at least one hundred thousand dollars ($100,000.00) per dog or cat, insuring the owner for any damage or personal injury that may be caused by the owner's vicious dog or cat. The policy shall contain a provision requiring the city to be notified immediately by the agent issuing the policy in the event that the policy is cancelled, terminated or expired. The owner must provide proof of the insurance to the City of Maryville Animal Control Facility. If there is a lapse in insurance or a cancellation, the owner shall be in violation of this chapter.
7. Compliance; consequences for failure to comply.
   
   
   
   1. For the safety and welfare of the general public, an owner of a vicious dog or cat must comply with the requirements for keeping a vicious dog or cat within the following timeframe:
      1. Immediate. Immediately upon the owner's receipt of the declaration notice, the owner shall comply with the confinement requirements set forth in § 10-506(1) and (2). The owner may continue to keep the vicious dog or cat confined indoors or may, at the owner's option, confine the vicious dog or cat outdoors provided the requirements of § 10-506(1) are met at all times while the vicious dog or cat is confined outdoors.
      2. Within twenty-four (24) hours. The requirements set forth in § 10-506(4) and (5) must be met within twenty-four (24) hours of the owner's receipt of the declaration notice.
      3. Within five (5) days. The requirement set forth in § 10-506(3) and (6) must be met within five (5) days of the owner's receipt of the declaration notice.
      4. Should an owner of a vicious dog or cat choose to contest the city manager's finding (or that of his designee) and designation of his or her dog or cat as vicious, and said owner has not complied with the requirements of this section within the allotted timeframe, the vicious dog or cat shall be delivered to the animal shelter for safe-keeping until the contest hearing is heard. The owner shall be responsible for any and all boarding fees for the vicious dog or cat, veterinarian or other professional services which the vicious dog or cat needs as determined by animal control officers, animal shelter staff, or the animal shelter's veterinarian, and for any and all damage to city property caused by the vicious dog or cat.
   2. Failure of an owner to comply with any of the requirements for keeping a vicious dog or cat, or failure of an owner to continue compliance with said requirements, shall result in the vicious dog or cat being apprehended by the City of Maryville Animal Control Facility or the police department. Said vicious dog or cat shall remain in the custody and control of the division of animal control until such time as the owner can prove, to the city's satisfaction, compliance with the requirements for keeping a vicious dog or cat, or until the conclusion of five (5) working days, whichever occurs first. If the vicious dog or cat remains impounded at the conclusion of five (5) working days, said vicious dog or cat shall become the property of the city and may be destroyed. (1999 Code, § 10-506)