[R.O. 2006 §210.240; CC 1985 §6-76]
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a difference meaning:
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.
To reasonably restrain or govern an animal so that the animal
does not injure itself, any person, any other animal, or property.
To feed or shelter an animal at the same location for three
(3) or more consecutive days.
Birds, rabbits, or rodents which damage property or have
an adverse effect on the public health, but does not include any endangered
species listed by the United States Department of the Interior nor
any endangered species listed in the Wildlife Code of Missouri.
[R.O. 2006 §210.250; CC 1985 §6-77]
A.
The
provisions of this Article do not apply to:
1.
Care or treatment performed by a licensed veterinarian within the
provisions of Chapter 340, RSMo.;
2.
Bona fide scientific experiments;
3.
Hunting, fishing, or trapping as allowed by Chapter 252, RSMo., including
all practices and privileges as allowed under the Missouri Wildlife
Code;
4.
Facilities and publicly funded zoological parks currently in compliance
with the Federal "Animal Welfare Act" as amended;
5.
Rodeo practices currently accepted by the Professional Rodeo Cowboy's
Association;
6.
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;
7.
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;
8.
With respect to farm animals, normal or accepted practices of animal
husbandry;
9.
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
but shall not include Police or guard dogs while working;
10.
The killing of house or garden pests; or
11.
Field trials, training and hunting practices as accepted by the Professional
Houndsmen of Missouri.
[R.O. 2006 §210.260]
A.
A person
is guilty of animal neglect when he/she has custody or ownership or
both of an animal and fails to provide adequate care or adequate control,
which results in substantial harm to the animal.
B.
A person
is guilty of abandonment when he/she has knowingly abandoned an animal
in any place without making provisions for its adequate care.
C.
Animal
neglect and abandonment is an ordinance violation upon first (1st)
conviction and for each offense, punishable by imprisonment or a fine
not to exceed five hundred dollars ($500.00), or both, and an ordinance
violation punishable by imprisonment or a fine not to exceed one thousand
dollars ($1,000.00), or both upon the second (2nd) and all subsequent
convictions. All fines and penalties for a first (1st) conviction
of animal neglect or abandonment may be waived by the Court provided
that the person found guilty of animal neglect or abandonment shows
that adequate, permanent remedies for the neglect or abandonment have
been made. Reasonable costs incurred for the care and maintenance
of neglected or abandoned animals may not be waived. This Section
shall not apply to the provisions of Section 578.007, RSMo.
D.
In
addition to any other penalty imposed by this Section, the Court may
order a person found guilty of animal neglect or abandonment to pay
all reasonable costs and expenses necessary for:
1.
The care and maintenance of neglected or abandoned animals within
the person's custody or ownership;
2.
The disposal of any dead or diseased animals within the person's
custody or ownership;
3.
The reduction of resulting organic debris affecting the immediate
area of the neglect or abandonment; and
4.
The avoidance or minimization of any public health risks created
by the neglect or abandonment of the animals.
[R.O. 2006 §210.270]
A.
A person
is guilty of animal abuse when a person:
1.
Intentionally or purposely kills an animal in any manner not allowed
by or expressly exempted from the provisions of Sections 578.005 to
578.023 and 273.030, RSMo;
2.
Purposely or intentionally causes injury or suffering to an animal;
or
3.
Having ownership or custody of an animal knowingly fails to provide
adequate care or adequate control.
B.
Animal
abuse is an ordinance violation.
C.
For
purposes of this Section, "animal" shall be defined
as a mammal.
[R.O. 2006 §210.280; CC 1985 §6-80]
A.
Any
duly authorized Public Health Official, Law Enforcement Official,
or Animal Control Officer may impound any animal found outside of
the owned or rented property of the owner or custodian of such animal
when such animal shows evidence of neglect or abuse. Any animal impounded
pursuant to this Section shall be:
1.
If the owner can be ascertained and the animal is not diseased or
disabled beyond recovery for any useful purpose, held for recovery
by the owner. The owner shall be notified within five (5) business
days of impoundment by phone or by mail of the animal's location and
recovery procedures. The animal shall be held for ten (10) business
days. An animal unclaimed after ten (10) business days may be put
up for adoption or humanely killed;
2.
Placed in the care and custody of a veterinarian, the appropriate
animal control authority or animal shelter. The animal shall not be
disposed of, unless diseased or disabled beyond recovery for any useful
purpose, until after expiration of a minimum of five (5) business
days, during which time the public shall have clear access to inspect
or recover the animal through time periods ordinarily accepted as
usual business hours. After five (5) business days, the animal may
be put up for adoption or humanely killed; or
3.
If diseased or disabled beyond recovery for any useful purpose as
determined by the Public Health Official, Law Enforcement Official,
veterinarian or Animal Control Officer, humanely killed.
B.
The
owner or custodian of an animal impounded pursuant to this Section
shall be liable for reasonable costs for the care and maintenance
of the animal. Any person incurring reasonable costs for the care
and maintenance of such animal shall have a lien against such animal
until the reasonable costs have been paid and may put up for adoption
or humanely kill any animal if such costs are not paid within ten
(10) days after demand. Any monies received for an animal adopted
pursuant to this Subsection in excess of costs shall be paid to the
owner of such animal.
[R.O. 2006 §210.290; CC 1985 §6-81]
A.
Any
duly authorized Public Health Official or Law Enforcement Official
may seek a warrant from the appropriate court to enable him/her to
enter private property in order to inspect, care for, or impound neglected
or abused animals. All requests for such warrants shall be accompanied
by an affidavit stating the probable cause to believe a violation
of this Article has occurred. A person acting under the authority
of a warrant shall not be liable for any necessary damage to property
while acting under such warrant. All animals impounded pursuant to
a warrant issued under this Section shall be:
1.
Placed in the care or custody of a veterinarian, the appropriate
animal control authority, or an animal shelter. If no appropriate
veterinarian, animal control authority, or animal shelter is available,
the animal shall not be impounded unless it is diseased or disabled
beyond recovery for any useful purpose; or
2.
If it is determined by a veterinarian that an animal impounded under
a warrant is diseased or disabled beyond recovery for any useful purpose,
that animal may be humanely killed.
B.
The
owner or custodian of any animal who has been convicted of animal
neglect or animal abuse shall be liable for reasonable costs for the
care and maintenance of the animal. Any person incurring reasonable
costs for the care and maintenance of the animal shall have a lien
against such animal until the reasonable costs have been paid, and
may put up for adoption or humanely kill such animal if such costs
are not paid within ten (10) days after demand. Any monies received
for an animal adopted pursuant to this Subsection in excess of costs
shall be paid to the owner of such animal.
[R.O. 2006 §210.300; CC 1985 §6-82]
The parent or guardian of a minor child is responsible for the
adequate care of any animal owned by, in the control of, or harbored
by that minor child.
[R.O. 2006 §210.310; CC 1985 §6-83]
If a person is adjudicated guilty of a violation of this Article
and the court is satisfied that an animal owned or controlled by such
person would in the future be subject to such neglect or abuse, such
animal shall not be returned to or allowed to remain with such person,
but its disposition shall be determined by the court.
[Ord. No. 08.22 §1, 10-16-2008]
A.
No
person shall supply, provide or make available any food for deer,
raccoons, fowl, groundhogs, opossums, beavers or other wildlife.
B.
No
person shall cause, allow or permit any animal feed or any other food
to be on their property accessible to any wildlife animal.
C.
No
person shall keep, possess, harbor or feed any animal, wild, feral
or domesticated, which is rabid diseased or otherwise dangerous to
the public health, safety and welfare of the community.
D.
No
person shall interfere with the lawful use of an animal trap and feed
used by any authorized City employee for purposes of animal control.
F.
Exemptions To Feeding Of Wildlife. This Section does not
apply to:
1.
Animals owned by a person or to bird feed dispensed from a stationary
bird feeder.
2.
Veterinarians, authorized City Officials, City Animal Control Officers,
or City, County, State or Federal game officials who are in the course
of their duties.
3.
Living food sources such as fruit trees and other live vegetation
shall not be considered food.
