HomeMy WebLinkAboutOrdinance 6192 04/02/2007
ORDINANCE NO. 6192 (General)
AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE (SMC)
SECTION 5.402, DEFINITIONS REGARDING THE SMC'S DEFINITION OF
"VICIOUS DOG" AND SMC SECTION 5.456 REGARDING THE
MISDEMEANOR OFFENSE OF OWNING A VICIOUS DOG
The Common Council of the City of Springfield finds as follows:
1. It is in the public interest for the City of Springfield to amend SMC Section 5.402,
Definitions whereby revising the City of Springfield's definition of "Vicious Dog" and
adding new definitions including "Dog Owner Control of Dog," "Controlled Property" and
"Physical Injury."
2. - It is in the public interest for the City of Springfield to amend the above described
definition section so as to provide clearer language to City employees and the general
public regarding vicious dog classifications and offenses regarding vicious dogs.
3. It is in the public interest for the City of Springfield to amend SMC Section 5.456,
"Vicious Dogs," Class C Misdemeanor crime, whereby adding an exception for dog
behavior toward a trespasser.
4. It is in the public interest for the City of Springfield to amend SMC Section 5.456,
"Vicious Dogs," Class C Misdemeanor, to add a new section,
"Identification/Determination of Vicious Dogs," so as to provide clearer language to City
employees and the public in regards to the determination of what constitutes a vicious
dog and how a dog may be declared "vicious" through Springfield Municipal Court
action.
NOW THEREFORE, based upon the foregoing findings, the City Council of the City of
Springfield ordains as follows:
Section 1. Section 5.402, Definitions of the Springfield Municipal Code in regards to the
definition for "Vicious Dog" is hereby amended to read as follows:
"Vicious Dog. Any dog that has the unreasonable propensity to bite, attack, lunge at, chase or
knock down a person or animal including domestic or farm animal, without provocation, at a
time when the dog is outside of the dog owner's control or controlled property and has the
capacity to inflict or cause physical injury to, any person or animal as described above, shall be
regarded as vicious. Additionally, any dog that has bitten a person or domestic or farm animal
on two occasions without provocation is a vicious dog."
Section 2. Section 5.402, Definitions of the Springfield Municipal Code is hereby amended
by adding the following definitions to this SMC section to follow the revised definition of
"Vicious Dog." The new definitions, including "Control of Dog" "Controlled Property" and
"Physical Injury" are hereby amended and added to Section 5.402, Definitions, and shall read
as follows:
"Control of Dog. Means the dog is fully under the care, supervision and control of the dog's
owner or handler. This includes being on a leash and totally controlled by the leash holder so
that the dog may not unreasonably interfere with other persons or property.
Controlled Property. Means private or public property in which a dog is located that is
completely secured or fenced in so that the dog may not unreasonably interfere with persons
or property. A person's keeping of a dog in cOlltrolled property pursuant to this section may
not otherwise be in violation of any park regulation, state or city law.
Physical Injury. Means an injury that impairs a person's physical condition or causes
substantial pain."
Section 3. Section 5.456, "Vicious Dogs," Class C Misdemeanor, is hereby amended to add
an exception between paragraphs land 2 of SMC 5.456 identified as lea). Springfield
Municipal Code Section 5.456, "Vicious Dogs," is' hereby amended to include the following
paragraph:
"(l)(a) Exception to Vicious Dog Classifications. No dog shall be classified as vicious if the
behavior in question was directed against a trespasser that has illegally entered any premises."
Section 4. Section 5.456, "Vicious Dogs," Class C Misdemeanor, is hereby further amended
to add an additional section between paragraphs land 2 of SMC 5.456 to be identified as
l(b). Springfield Municipal Code Section 5.456, "Vicious Dogs," is hereby amended to include
the following paragraph:
"l(b) Identification/Determination of Vicious Dog. The Springfield Municipal Court may also
determine if a dog is a "vicious dog" based upon information that includes observation of a
dog's unreasonable behavior, non-specific to the breed, witnessed by: any Springfield Animal
Control Officer, Springfield Police Officer, other Springfield Public Safety Officer or by an
individual who personally observes the animal's behavior and based upon any other relevant
evidence as to the dog's unreasonable propensity to be vicious. Unreasonable dog behavior
means unreasonable propensity to be vicious."
Adopted by the Common Council of the City of Springfield this 2ndday of April
by a vote of 6 in favor 0 against.
, 2007,
Approved by the Mayor of the City of Springfield this 3rd day of
"
, 2007.
ATTEST:
~~
City Record Amy Sowa
N: \City\BldgCodeEnf\ Vicious Dogs\Ordinance.doc
RHfiEWiW it APPROVED
AS TO FORM
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DATE: "':)/-:t..~h:7
OFFICE OF CITY ATTORNEY
,
ORDINANCE NO. 6192