Dog laws in Missouri - what cyclists need to know, what you can do

Loose dogs are often a problem for cyclists, particularly those riding in rural parts of the state.

Most cyclists don't have quite THIS problem with dogs . . .

What are the state and local laws regarding dogs?

Here is the quick summary

• Generally owners must keep control of their dogs
• Dogs running loose or outside the control of their owners are generally subject to impoundment; call your local police or animal control if you have observed or been threatened by loose dogs
• If a dog bites you or causes property damage, the dog's owner is subject to criminal fine and is also strictly liable for damages with very few exceptions

Read on for the details and for advice about what to do if you are threatened, bitten, or injured by a dog . . . 

State law: Strict liability to owners for dog bites

Chapter 273 of the Missouri Statutes contains the state law about dogs. One of the provisions creates strict liability for dog owners whose dogs bite or injure people, with very few exceptions:

273.036. 1. The owner or possessor of any dog that bites, without provocation, any person while such person is on public property, or lawfully on private property, including the property of the owner or possessor of the dog, is strictly liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owner's or possessor's knowledge of such viciousness. Owners and possessors of dogs shall also be strictly liable for any damage to property or livestock proximately caused by their dogs. If it is determined that the damaged party had fault in the incident, any damages owed by the owner or possessor of the biting dog shall be reduced by the same percentage that the damaged party's fault contributed to the incident. The provisions of this section shall not apply to dogs killing or maiming sheep or other domestic animals under section 273.020.

2. Any person who is held liable under the provisions of subsection 1 of this section shall pay a fine not exceeding one thousand dollars. The remedies provided by this section are in addition to and cumulative with any other remedy provided by statute or common law.

In addition, there are special additional penalties in cases of dogs that repeatedly bite.

State law: If you must kill or injure a dog that is attacking you, reasonable apprehension of imminent harm is an absolute defense

 Chapter 273.033 RSMo states:

273.033. 1. In any action for damages or a criminal prosecution against any person for killing or injuring a dog, a showing by a preponderance of the evidence that such person was in reasonable apprehension of imminent harmful contact by the dog or was acting to prevent such imminent harmful contact against another person by the dog shall constitute an absolute defense to criminal prosecution or civil liability for the killing or injuring of such animal.

Further details here.

Cities and towns must impound loose dogs

State law requires every city and town to impound loose dogs:

273.100. 1. Every city or town marshal of every incorporated city or town in this state, within their jurisdiction, shall take up and impound in a suitable place, the location of which place shall be given by a notice posted in some conspicuous place in his office, all dogs found running at large in their respective cities or towns without collars around their necks, marked as herein provided, and they shall keep such dogs for a period of one week, and at the expiration of such period shall put such dogs to death by humane methods.

2. The owner of any such impounded dogs, upon the payment of the tax herein provided, and a redemption fee of five dollars, may redeem such impounded dog and the city or town marshal shall be permitted to retain the sum of two dollars out of each redemption fee so paid, and shall pay over the balance of the fee on the first day of each month to the treasurer of the county in which the city or town marshal has jurisdiction, to be accounted for by the treasurers in the same manner as they are required by sections 273.040 to 273.180, to account for licenses taxes.

3. Any marshal who shall fail or refuse to take up and impound any such dog shall be guilty of a misdemeanor and on conviction thereof fined not less than five dollars nor more than twenty-five dollars.

Cities, towns, and counties have their own dog-related laws; most prohibit loose dogs or dogs not under the direct control of their owner

However, the main responsibility for creating and enforcing dog-related laws is the city and county.  To find the exact details, you will need to look up your own city's or county's laws or contact your local animal control office.  But some type of prohibition on loose dogs or dogs outside of the owner's immediate control is nearly universal. A publication by the Missouri Municipal League provides a summary of the situation and typical statutes related to dogs:

As illustrated by the discussion of statutory authority for Missouri municipalities to regulate dogs, all cities, towns and villages are given expressed power to prevent these animals from running-at-large.
 
Nearly all Missouri municipalities impose a general prohibition against dogs running-at-large. A few cities prohibit dogs from running-at-large without making any requirement for licensing. In most cases, however, such a prohibition is coupled with a licensing requirement. The combination of prohibition and licensing not only provides a means of eliminating strays and generally controlling dogs, but the licensing system affords some revenue with which to finance the enforcement of the prohibition. 

Counties are also required to have dog pounds and are given authority to impound stray dogs according to section 322.090. Note that counties are only empowered and not required to ban or impound stray dogs; exact implemention will vary widely by county across Missouri. Full state regulations regarding county control of dogs are in Chapter 322 RSMo.

What to do if you have been injured or attacked by a dog

• If injured or requiring immediate medical treatment, dial 9-1-1.
   
• After the incident, contact your local police department or county sheriff's department.  Inform them of the situation.  They should be able to file a report and take action based on one or more of:
  • 273.036 RSMo if the dog bit a person
  • 273.036 RSMo if the dog caused damage to a bicycle or any other property, such as your clothing.  Even $5 of damage is enough for this statute, with its $1000 maximum criminal fine, to kick in.
  • Local dog laws, if local laws prohibit loose or stray dogs
     
• If the local police will not take action, escalate: Call the chief of police or county sheriff, then  your county council member or county commissioner.  This is a serious situation and officials should take it seriously.
   
• Call your city or county animal control office and/or health department.  They may be more conversant with dog-related laws than the police or sheriff's office.  By state statute and because of the rabies threat, county health department's have charge of implementing laws related to stray and loose dogs.  Animal control and/or the health department may have local authority to round up stray or loose dogs and otherwise enforce loose dog laws--which the police may not be willing or able to do.
   
• If you have damage to your bicycle or medical bills, strongly consider filing a civil suit to recover damages. Dog owners are strictly liable for damage caused by the animals they own, including animal bite and property damage. Find an experienced local personal injury attorney or consult our list of Missouri attorneys willing to take on personal injury cases for bicyclists and pedestrians.

Improving safety for everyone who bicycles and walks is an important goal of MoBikeFed's Vision for Bicycling and Walking in Missouri--and that includes protecting against dog attack and bites, which are a serious threat to cyclists and pedestrians in many parts of Missouri.

Your ongoing membership and generous financial support help make our Vision become reality!

Photo credit: Dog on a Bicycle by Valentine Tull on FlickR.  Creative Commons License CC BY-NC-SA 2.0

File: 

dog_manual1.pdf