[CC 1977 §7-1; Ord.
No. 2673 §1, 10-23-2000]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them:
To cease to provide control over and shelter, food and water
for an animal without having provided that such care, custody and
physical control of such animal has been transferred to another person.
Every living vertebrate except a human being.
A facility which is used to house or contain animals and
which is owned, operated, or maintained by a duly incorporated humane
society, animal welfare society, society for the prevention of cruelty
to animals, or other not-for-profit organization devoted to the welfare,
protection, and humane treatment of animals.
Every act, omission or neglect whereby unjustifiable physical
pain, suffering, torment, trauma, distress, injury or death results
to such animal or animals.
Any species of birds, not otherwise defined as a domesticated
animal in this Chapter, commonly known as swans, geese, brants, river
and sea ducks and any other waterfowl falling under the jurisdiction
of the Missouri Conservation Commission or otherwise defined by the
Commission as migratory waterfowl.
In addition to its ordinary meaning, any person who keeps
or harbors an animal or professes to be owning, keeping, or harboring
an animal.
A person licensed by the State of Missouri to practice veterinary
medicine.
Any animal or animals that constitute a physical threat to
human beings or other animals.
Any dog, when unprovoked, in a vicious or terrorizing manner
approaches any person in apparent attitude of attack upon public or
private property other than any real property owned or leased by the
animal's owner; or
Any dog with known propensity, tendency or disposition to attack
unprovoked, to cause injury or otherwise endanger the safety of human
beings or domestic animals; or any dog of such breed or mixed breed
with propensity, tendency or disposition to attack unprovoked; or
Any dog which bites, inflicts injury, assaults or otherwise
attacks a human being or domestic animal without provocation on public
or private property; or
Any dog owned or harbored primarily or in part for the purpose
of dog fighting or any dog trained for dog fighting; or
Any dog which endangers or threatens to endanger the safety
of people or domestic animals.
Any animal, fowl or reptile not normally considered to be
domestic.
[CC 1977 §7-2; Ord.
No. 2673 §1, 10-23-2000; Ord. No. 3635, 3-6-2023; Ord. No. 3650, 5-1-2023]
A.
Any
person wishing to adopt or reclaim an animal, or that is in violation
of any provision of this Chapter, shall be subjected to the fees or
fines as listed in the City's Comprehensive Schedule of Fees.[1] Any animal owner reclaiming an animal that has been sterilized
or chipped has the obligation to provide proof of sterilization by
a licensed veterinarian.
[1]
Editor's Note: The Comprehensive Schedule of Fees is on file
in the City offices.
B.
Owner
agrees to provide proof within thirty (30) days that the mother of
the relinquished litter is spayed. Upon relinquishment of a litter,
the City will provide the animal's owner with a voucher in the amount
of fifty percent (50%) of the relinquishment fee. This voucher may
be presented to a veterinarian for the sterilization of the litter's
mother with thirty (30) days from the relinquishment date. The veterinarian
will send this voucher to the City for payment.
[CC 1977 §7-5; Ord.
No. 2673 §1, 10-23-2000]
No person shall hinder, molest or interfere with the Animal
Control Officer in the performance of his/her duties.
[CC 1977 §7-6; Ord.
No. 2673 §1, 10-23-2000]
The Board of Aldermen shall, with the advice of the Animal Control
Officer, establish and maintain an effective animal shelter for the
reception and humane care of sick, injured, diseased or impounded
animals and establish rules and regulations therefor.
[CC 1977 §§7-7, 7-9; Ord. No. 2673 §1, 10-23-2000]
A.
It
shall be unlawful for the owner or any person having under his/her
charge any animal of the species of horse, mule, ass, cattle, swine,
sheep or goat to permit the same to run at large in the City.
B.
It
shall be unlawful for any person owning, raising or controlling any
hens, pullets, roosters, turkey hens, gobblers, ducks, drakes, pigeons,
geese or other poultry or fowl whatsoever to allow or permit the same
to run at large in the City.
[CC 1977 §7-8; Ord.
No. 2673 §1, 10-23-2000]
A.
It
shall be unlawful for any person owning, controlling, harboring, possessing
or having the management or care, in whole or in part, of any dog
or cat to permit such dog or cat to run at large.
B.
For
the purpose of this Section, every dog or cat when on any street,
alley or any public place in the City which is not attached to a leash,
the other end of which is securely held, or when not on private property
within the City, or which is not confined as to prevent its straying
from the premises shall be deemed running at large.
[CC 1977 §7-10; Ord.
No. 2673 §1, 10-23-2000]
A.
No
person shall impound, harbor or confine or cause to be impounded,
harbored or confined in any pound or place any animal and fail to
supply proper veterinary care; or shall cruelly overwork any domestic
animal or shall cruelly drive or work the same when unfit for labor
or shall abandon, beat, ill-treat, torment or cause harm to by physical
abuse or undo stress; or shall allow any place where an animal is
or may be kept to become unclean or unwholesome and fail to supply
the animal during such confinement with the following:
1.
A structurally sound, properly sanitary, dry and weatherproof shelter
suitable for the species, age and condition of the animal, which is
free of litter or hazardous substances and objects and which provides
access to shade from direct sunlight and from exposure to inclement
weather conditions.
2.
Wholesome foodstuff suitable for the species which is provided at
suitable intervals in a sanitary manner in quantities sufficient to
maintain good health in the animal, considering its age and condition.
3.
Constant access or access at suitable intervals to a supply of clean
potable, unfrozen water provided in a sanitary manner and in sufficient
amounts for the species to maintain good health in the animal.
4.
Normal and prudent attention to the needs of the animal, including
all necessary immunizations, parasite control, sufficient exercise
and rest to maintain good health and the provision to each sick or
injured animal of the necessary veterinary care or humane death.
[CC 1977 §7-11; Ord.
No. 2673 §1, 10-23-2000]
No person shall abandon any animal within the City limits.
[CC 1977 §7-13; Ord.
No. 2673 §1, 10-23-2000]
No person shall expose any known poisonous substance, whether
mixed with food or not, so that the same shall be liable to be eaten
by an animal; provided that it shall not be lawful for a person to
expose on his/her property common rat poison mixed only with vegetable
substance.
[CC 1977 §7-14; Ord.
No. 2673 §1, 10-23-2000]
No person shall keep or permit to be kept on his/her premises
any wild or exotic animal for display or exhibition, whether gratuitous
or for a fee. This shall not be construed to apply to duly licensed
or registered zoos, circuses or performing animal exhibitions.
[CC 1977 §7-15; Ord.
No. 2673 §1, 10-23-2000]
No person shall sell, offer for sale or give away any animal
which is unweaned, sick, diseased or so young or weak that such sale
would be injurious to it. The sale, offer for sale or giving away
of any animal shall be restricted to the animal owner's business or
residence.
[Ord. No. 3164 §2, 5-2-2011; Ord. No. 3593, 7-5-2022]
A.
It
shall be unlawful for any person to sell, offer for sale, or give
or offer for sale, gift or award any chickens, ducks or geese without
providing signage alerting the purchaser to the following:
1.
Section 210. 190 of the City of Harrisonville Code of Ordinances
requires a permit be obtained from the Community Development Department
and the Animal Control Department to have chickens, ducks or geese
on premises within the City.
|
The term fowl, as used herein, excludes parrots, parakeets,
finches, doves and/or pigeons.
|
[1]
Editor's Note — Ord. no. 3164 §1, adopted May 2,
2011, repealed section 210.120 "sale of young fowl restricted" and
enacted new provisions set out herein. Former section 210.120 derived
from CC 1977 §7-16; ord. no. 2673 §1, 10-23-2000.
[CC 1977 §7-17; Ord.
No. 2673 §1, 10-23-2000]
A.
Every
animal suspected of exposure to rabies shall be immediately confined
by the owners, controllers, harborer, possessors or persons having
its management or care, in whole or in part, and such parties shall
immediately notify the Animal Control Officer of the animal's exposure.
1.
The owner, controller, harborer, possessor or person having the management
or care, in whole or in part, shall immediately, upon request, surrender
such animal to the Animal Control Officer or any authorized agent
of the City for confinement in a licensed veterinary hospital of the
owner's choice in the vicinity of the City or surrender such animal
for confinement in the City animal shelter.
2.
The animal shall be confined for a minimum of ten (10) days from
the date of the exposure. All costs of confinement shall be assessed
against and paid by the owner.
B.
No
person shall kill a known or suspected rabid animal or an animal exposed
to rabies nor remove such animal from the City limits of Harrisonville,
Missouri, without permission of the Animal Control Officer, except
when it is necessary to kill such animal to prevent its escape or
attack on any person or animal.
C.
The
location of the remains of any dead animal known or suspected to have
been exposed to rabies prior to death shall be reported to the Animal
Control Officer and the remains shall be surrendered to the Animal
Control Officer for laboratory examination.
D.
Any
animal which bites, injures or attacks any person shall be placed
under observation for the ten (10) days immediately following the
accident or shall be humanely euthanized and the brain of the animal
shall be submitted for laboratory diagnosis.
1.
The animal that is vaccinated by a licensed veterinarian within the
last twelve (12) months shall be impounded at a veterinarian of the
owner's choice or securely confined by the owner within the City limits
of Harrisonville for a period of ten (10) days if it is not known
to be an ordinance violator. The location of the animal's confinement
shall be agreed upon by animal control and the victim, however, the
owner shall be required to take the animal to a veterinarian at the
beginning and end of the ten (10) day period for observation.
2.
The non-vaccinated animal shall be taken to a veterinarian of the
owner's choice within the City limits of Harrisonville for a period
of not less than ten (10) days from the date of incident. At the end
of the observation period, a licensed veterinarian must examine the
animal for signs of the manifestation of rabies. If, within such period
of ten (10) days, such animal does not develop or manifest signs of
rabies, it must be redeemed by the owner and the payment of the customary
fees for observation, examination and required vaccinations shall
be paid to the contractual veterinarian. If said animal is found to
have developed signs of rabies, the animal shall be humanely euthanized
and the brain of said animal should be submitted for a laboratory
diagnosis of rabies.
E.
The
Animal Control Officer or any Policemen, upon request from Animal
Control Officer, shall have the authority to immediately destroy any
animal which is determined to have been bitten or scratched a human
if the Animal Control Officer determines that destruction of such
animal is necessary to determine whether such animal is rabid, and
the Animal Control Officer shall have the authority to promulgate
rules and regulations concerning the handling and disposition of such
animals.
[CC 1977 §7-18; Ord.
No. 2673 §1, 10-23-2000]
No person shall keep, harbor, have custody of or allow to be
kept on the premises any lion, tiger, leopard, ocelot, jaguar, bear,
cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena,
wolf, coyote or any deadly, dangerous or poisonous reptile or any
other animal which normally lives in the natural state and is not
domesticated and exhibits vicious tendencies in any place other than
a properly maintained zoological park, circus, scientific or educational
institution, research laboratory, veterinary hospital or animal refuse.
[CC 1977 §7-20; Ord.
No. 2673 §1, 10-23-2000]
A.
It
shall be unlawful for an owner, keeper, harborer or maintainer of
any animal to allow or permit any such animal to become a public nuisance
or to keep any animal that is or has become a public nuisance.
B.
"Public nuisance" shall mean any animal or group of animals
that contains any animal that:
1.
Molests any passerby or chases passing vehicles, including bicycles;
2.
Attacks any other animal;
3.
Is in heat and not properly confined in such a manner that the dog
will not be accessible to other dogs, except for planned breeding;
4.
Is not under restraint in violation of this Chapter;
5.
Damages public or private property;
6.
Barks, whines or howls in an excessive fashion, which is hereby defined
as continuous or untimely, so as to disturb the sleep of an individual
who is a neighbor (a "neighbor" for this purpose
is hereby defined as an individual residing in a residence structure
that is within one hundred (100) yards of the property on which the
animal is kept or harbored) and who does, in writing, state that he/she
will testify, if called upon to testify, about such matter under oath;
7.
Is ridden on public property without permission of the City or which
obstructs or interferes with vehicular or pedestrian traffic;
8.
Causes injury to people;
9.
Threatens or causes a condition that endangers public health; or
10.
Impedes refuse collection by ripping any bag or tipping any container
of such or interferes with the collector thereof.
[CC 1977 §7-21; Ord.
No. 2673 §1, 10-23-2000]
A.
It
shall be unlawful for any person to feed any migratory waterfowl.
It shall be unlawful to create any condition, or allow any condition
to exist, which results in a congregation or congestion of migratory
waterfowl which results in:
[CC 1977 §7-22; Ord.
No. 2673 §1, 10-23-2000]
A.
The
owner of a vicious dog shall keep such dog securely confined indoors
or in a securely enclosed and locked pen or kennel, except when leashed
and muzzled as above provided. Such pen, kennel or structure must
have secure sides and a secure top attached to the sides. All structures
used to confine vicious dogs must be locked with a key or combination
lock when such dogs are within the structure. Said structure must
have a secure bottom or floor attached to the sides of the pen or
the sides of the pen must be imbedded in the ground no less than two
(2) feet. Also, such structures must be adequately lighted and ventilated
and kept in a clean and sanitary condition.
B.
No
person shall permit a vicious dog to be kept on a chain, tether or
leash.
C.
All
vicious dogs shall be kept on a leash not longer than four (4) feet
outside the animal's kennel and must be muzzled with a device sufficient
to prevent such animal from biting other animals or people.
D.
A notice
on the premises shall be posted, conspicuously visible to the public
and reading in letters not less than two (2) inches high "Dangerous
Animal Here" or "Beware Dangerous Animal".
E.
The
owner or keeper of a vicious dog shall present to the Animal Control
Department proof that the owner or keeper has procured liability insurance
in the amount of at least one hundred thousand dollars ($100,000.00)
covering the twelve (12) month period during which licensing is sought.
This policy shall contain a provision requiring the Animal Control
Department of the City to be notified by the insurance company of
any cancellation, termination or expiration of the policy.
F.
It
shall be unlawful for any owner or keeper of a vicious dog within
the City to fail to comply with the requirements and conditions set
forth in this Section. Any dog found to be subject of a violation
of this Section may be, in addition to other penalties provided by
ordinance, subject to immediate seizure and impoundment for a minimum
of ten (10) days or the time necessary for the owner or keeper to
show compliance with this Section. Applicable redemption fees shall
be the responsibility of the owner.
[CC 1977 §7-23; Ord.
No. 2673 §1, 10-23-2000; Ord. No. 3593, 7-5-2022]
A.
The
combined total of dogs and cats over four (4) months of age shall
not exceed four (4) per dwelling unit or premises in areas zoned for
residential use within the City. This restriction shall not apply
to animals properly licensed by the owner with the City as of the
effective date of this Section, as long as the animals remain licensed.
B.
The number and type of other domesticated animals allowed per dwelling unit or premises within the City shall be limited by the applicable zoning district regulations and the determination of the Community Development Department and the Animal Control Department, and in accordance with any of the requirements and restrictions of Chapter 405 of the City's Zoning Regulations.
C.
All animals shall be licensed. The keeping of domesticated animals, other than dogs and cats and as otherwise regulated in Chapter 210 shall be as designated according to the conditions enumerated in each individual animal license or permit. Conditions will be specified by the Community Development Department and the Animal Control Department, and all decisions by these departments will be final and binding on all license and permit holders. If these departments cannot agree on a decision either jointly or severally, the City Administrator or his or her designee shall make the final decision.
[Ord. No. 3409 § 2, 6-19-2017]
A.
Notwithstanding any other ordinance in the Code of Ordinances of the City of Harrisonville, Missouri, including, but not limited to, the Animal Regulations in Chapter 210, it shall be lawful to trap wildlife, as defined by the Missouri Wildlife Code, when all of the following requirements are met:
1.
Trapping of wildlife on allowed trapping areas within the City limits
is permitted by persons who have a trapping permit issued by the Missouri
Department of Conservation, or by resident property owners or tenants
on land they own or lease on allowed trapping areas, pursuant to full
compliance with all rules, regulations, stipulations and requirements
of the Missouri Wildlife Code and pursuant to full conformity with
the Missouri Wildlife Code and all Federal hunting regulations.
2.
Within all City parks and on public property of the City of Harrisonville
written permission shall also be required from the Parks and Recreation
Director and/or City Administrator who may approve by special permit
trapping for the protection of natural resources or public facilities.
3.
No trap shall be set in paths made or used by persons or domestic
animals.
4.
No trap except foot-enclosing type traps or cage-type traps shall
be set within one hundred fifty (150) feet of any residence, occupied
building, sidewalk or established foot path.
5.
Traps shall be plainly labeled with the user's full name and address
or the Missouri Department of Conservation number.
6.
Types of traps shall be limited to foot-enclosing type traps, foot-hold
traps, cable restraint devices and cage-type traps on dry land and
Conibear traps set underwater in permanent water only.
7.
Traps will be checked and any wildlife caught shall be removed or
released at least once every twenty-four (24) hours.
8.
Written permission of the owner of any property within the allowed
trapping area is required prior to any trapping occurring on such
property.
