[Ord. No. 560 § 1, 9-6-1955]
It shall be unlawful for any person possessing, owning or otherwise
having under his custody or control any wild or domestic animals or
fowl of any kind, except dogs and cats, to permit the same to run
at large in or upon any of the streets and public places or unenclosed
lands of the City, or to tie or tether the same in such a way that
such animal or fowl may go across or upon any of such places.
[Ord. No. 1358 § 2, 3-30-1987; Ord. No. 1705 § 3, 10-19-1992; Ord. No. 1811 § 1, 9-19-1994; Ord. No. 3039, 12-16-2019]
A.
A
person is guilty of the ordinance violation of animal neglect when
that person has custody or ownership or both of the animal and fails
to provide adequate care or adequate control for that animal, including
but not limited to knowingly abandoning an animal in any place without
making provisions for its adequate care, which results in substantial
harm to the animal. For the purpose of this Section, "adequate care"
is hereby defined as the normal and prudent attention to the needs
of an animal, including wholesome food, clean water, shelter and health
care as necessary to maintain good health in a specific species of
animal. For the purpose of this Section, "adequate control" is hereby
defined as to reasonably restrain or govern an animal so that the
animal does not injure itself, any person, any other animal, or property.
B.
A
person is guilty of the ordinance violation of animal abuse when that
person:
1.
Intentionally or purposely kills an animal in a manner not allowed by Section 4-3 or by State law.
2.
Purposely or intentionally causes injury or suffering to an animal.
3.
Knowingly
fails to provide adequate care which results in substantial harm to
the animal while having ownership or custody of an animal.
C.
To
enforce this Section, the Code Enforcement Officer and Police Officers
are empowered and instructed to enter upon any private premises except
inside buildings thereon where they have reasonable cause to believe
there is a case of animal neglect or animal abuse. Any animal found
upon such private premises that appears to be a neglected or abused
animal shall be taken from such private premises (except when the
animal is within a building) and may thereafter be taken to the City
Pound or to the Central Missouri Humane Society.
D.
It shall
be unlawful to tether any animal except under the following restrictions:
1.
No animal
may be tethered unless it has also been provided with adequate food,
water and shelter suitable for the species, age and condition of the
animal;
2.
No animal
may be tethered during any heat or wind chill advisory or watch or
warning issued by the National Weather Service;
3.
The tether
must be of a type and weight that allows for the free movement of
the animal and shall be no less than three (3) times the animal’s
length or ten (10) feet, whichever is greater, free from entanglements,
and contain a swivel at both ends. At no time may any logging chain,
tow chain or similar device be utilized as a tether;
4.
Animals
must be tethered by a non-choke type collar or body harness constructed
of either nylon or leather and no less than one (1) inch in width,
unless the collar is a rolled leather collar;
5.
No dog under
six (6) months in age may be tethered;
6.
Multiple
animals must be tethered separately and in such a way that they may
not become entangled with one another;
7.
When tethered,
an animal’s maximum reach must be no closer than ten (10) feet
from any sidewalk or property line.
E.
This Section
does not prohibit the following:
1.
Attaching
a dog to a running line, pulley, or trolley system, if the tether
has swivels at both ends to prevent entanglement, and only if the
dog has access to adequate housing.
2.
Tethering,
fastening, chaining, tying, or otherwise restraining a dog pursuant
to the requirements of a camping and recreational area.
3.
Tethering,
fastening, chaining, tying a dog while engaged in, or actively training
for, an activity that is conducted pursuant to a valid license issued
by the State of Missouri if the activity for which the license is
issued is associated with the use or presence of the dog. Nothing
in this Section shall be construed to prohibit a person from restraining
a dog while participating in activities or using accommodations that
are reasonably associated with the licensed activity.
4.
Tethering,
fastening, chaining, tying a dog while actively engaging in any of
the following:
[Ord. No. 1358 § 3, 3-30-1987]
The provisions of Section 4-2 shall not apply to the following:
1.
Care
or treatment performed by a licensed veterinarian as permitted by
State law;
2.
Bona
fide scientific experiments;
3.
Rodeo
practices currently accepted by the Professional Rodeo Cowboy's
Association;
4.
The
killing of an animal by the owner thereof, the agent of such owner,
or by a veterinarian at the request of the owner thereof;
5.
The
lawful, humane killing of an animal by an Animal Control Officer,
the operator of an animal shelter, a veterinarian, or Law Enforcement
or Health Official;
6.
The
killing of an animal by any person at any time if such animal is outside
of the owned or rented property of the owner or custodian of such
animal and the animal is injuring any person or farm animal;
7.
Invertebrate
animals; and
8.
The
killing of rabbits or rodents which damage property or have an adverse
effect on the public health except for any endangered species listed
by the United States Department of the Interior or any endangered
species listed in the Wildlife Code of Missouri.
[1]
State Law Reference — See RSMo., §§ 578.005
and 578.007.
[Ord. No. 560 § 2, 9-6-1955; Ord.
No. 1358 § 4, 3-30-1987]
It shall be the duty of the Code Enforcement Officer and the
Police Officers to take up and impound any wild or domestic animals
or fowl running at large contrary to the terms of this Article. Any
animal which cannot safely be taken up and impounded may be killed
by the Code Enforcement Officer or Police Officer, if in their judgment
such is necessary and if such animal is injuring any person or farm
animal. Otherwise, an animal which cannot safely be taken up and impounded
may be killed by the Code Enforcement Officer or Police Officer only
when necessary and by a method approved by the American Veterinary
Medical Association's Panel on Euthanasia.
[Ord. No. 560 § 3, 9-6-1955; Ord.
No. 1358 § 5, 3-30-1987; Ord. No. 1594 § 1, 1-21-1991; Ord.
No. 2379 § 1, 11-21-2005; Ord. No. 2732 § 1, 7-15-2013]
All impounded animals, other than dogs or cats, may be redeemed
from the City Pound by the owner within five (5) days after impounding
upon satisfactory proof of ownership and by payment to the City Clerk
of an impoundment fee of twenty dollars ($20.00), plus fifteen dollars
($15.00) for each day or part thereof that the impounded animal is
confined in the City Pound, for the cost of care and feeding such
animal.
[Ord. No. 560 § 4, 9-6-1955; Ord.
No. 1358 § 6, 3-30-1987; Ord. No. 1594 § 2, 1-21-1991; Ord.
No. 1705 § 2, 10-19-1992]
An animal, other than a dog or cat, taken up and impounded by
the City shall be kept and cared for and fed by the City for a period
of not less than five (5) days. If such animal is not redeemed by
the owner at the end of the fifth (5th) day, it may thereafter be
sold for not less than the amount due for impoundment to anyone desiring
to purchase the animal. All sums received above the impoundment fee
shall be held by the City Clerk for the benefit of the owner, and
if not claimed within one (1) year, such funds shall be placed in
the General Fund of the City. An animal, other than a dog or cat,
which is not claimed by the owner or sold, may be disposed of by the
Code Enforcement Officer or a Police Officer by releasing the animal
to the Central Missouri Humane Society, by humanely killing the animal
in a manner approved by the City Administrator, or by releasing the
animal to an accredited school, college or university within the State
for research purposes upon the educational institution's payment
of the impoundment fee.
[Ord. No. 32 § 805, c.a. 1918]
It shall be unlawful for the owner of any stock which has been
impounded by the City to take such stock out of the City Pound without
permission, first having paid the expenses of impounding such stock
and the cost of keeping the same.
[Ord. No. 560 § 6, 9-6-1955; Ord.
No. 1358 § 7, 3-30-1987]
It shall be the duty of the Code Enforcement Officer and Police
Officers to pick up and dispose of all dead animals and fowl on the
public streets or public places.
[Ord. No. 623 § 1, 2-3-1958; Ord.
No. 1527 § 1, 2-19-1990]
No provisions of this Chapter shall be construed to prevent
the carrying on of the business of selling livestock at a livestock
sales barn being operated in accordance with the laws of the State
provided that such livestock sales barn is not located within the
"B-1" zoning district of the City and meets all other zoning requirements,
and the livestock handled are not allowed to run at large and unattended.
Neither shall this Chapter be construed to prevent the showing of
animals at stock shows or fairs for short periods of time; provided,
that the stock show or fair is not staged without first obtaining
the permission of the Board of Aldermen and that it is carried on
in accordance with such rules and regulations as the Board of Aldermen
may, at the time permission is granted, see fit to make for such show.
[Ord. No. 1358 § 1, 3-30-1987]
No person shall sell, or offer for sale within the boundaries
of the City, any exotic animal as herein defined. For the purpose
of this Section, "exotic animal" is hereby defined as any of the following
animals:
A.
All fish or wildlife considered an "endangered species" under Section
252.240, RSMo., as amended;
B.
Any mammal not native to the continental United States;
C.
Any mammal not considered to be a member of the class of mammals
referred to as domesticated animals;
D.
Reptiles or poisonous arthropods; and
E.
All non-human primates.
[1]
State Law Reference — As to endangered species law,
see RSMo., § 252.240.
