[Ord. No. 800-12 §1(4-1), 12-19-2012; Ord. No. 804-13, 1-16-2013]
As used in this Chapter, the following terms mean:
Placing an animal in an environment where the animal is separated from basic needs such as food, water, shelter or necessary medical attention for a period longer than twenty-four (24) hours. Abandonment includes failure to reclaim an animal seventy-two (72) hours beyond the time agreed upon with a kennel, grooming service, or similar facility. Abandonment includes failure to reclaim a pet from an animal shelter beyond seventy-two (72) hours of notification or refusal to sign relinquishment authorization.
The provision at suitable intervals of not more than twelve (12) hours, unless the dietary requirements of the species require a longer interval, of a quantity of wholesome foodstuff, suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal, all of which foodstuff is served in a safe receptacle, dish or container.
The continuous provision of sanitary facility; protection from the extremes of weather conditions, proper ventilation and appropriate space depending on the species of animal, as defined by regulations of the Missouri Department of Agriculture Division of Animal Health as revised.
A person who is legally competent to enter into a contract and who is adopting or buying a dog or cat from a releasing agency.
Any dog or cat that reached the age of one hundred eighty (180) days or six (6) months or more.
Every non-human species, both domestic and wild.
A facility which is used to house or contain animals, which is owned, operated, or maintained by an 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 such animals or a person whose primary purpose is to act as an animal rescue, to collect and care for unwanted animals or to offer them for adoption.
Animals shall be deemed to be at large when off the property of the owner, whether licensed or unlicensed, which is not under physical restraint imposed by the owner or handler, or is not capable of being immediately controlled by the owner or handler when off the premises of the owner. Cats are excluded from this definition.
The puncturing of skin by the teeth or claws of an animal.
A certificate issued at the time of the vaccination of an animal and bearing thereon the signature of the vaccinator, the registration number, the name, color, breed, and sex of the animal, the name and address of the owner, the date of the vaccination, and type of vaccine administered.
Vaccine which is manufactured using the embryo of a chicken as a growth medium and also known as Flury Strain vaccine.
Means and refers to the City of Byrnes Mill.
The removal of ground cover and/or vegetation so as to lay bare the supporting soil.
Any dog, cat, swine, goat, lamb, sheep, horse, pony, donkey, cattle, chicken, duck, and turkey.
The humane destruction of an animal accomplished by a method approved by the most recent report of the American Veterinary Medical Association Panel on Euthanasia that results in unconsciousness and immediate death, or by a method that causes painless loss of consciousness and death during such loss of consciousness.
Any dog or cat, whether it has been registered or vaccinated for rabies or not, or other animal which has been bitten, been fighting with or has consorted with an animal known or suspected to have rabies or showing objective symptoms of rabies.
Any animal that is commonly found on a farm such as swine, goat, lamb, sheep, horse, pony, donkey, cattle, chicken, duck, and turkey, or other animals by special permit.
[Ord. No. 902-19, 7-24-2019]
Any person designated by the State of Missouri, a municipal government, or a humane society as a Law Enforcement Officer who is called to perform such duties under the laws of this State. This includes the Code Enforcement Officer for the City of Byrnes Mill.
The act or practice of putting an animal to death in a humane or instantaneous manner under guidelines and procedures established by rules promulgated by the director.
Care of an animal to include, but not be limited to, adequate heat, ventilation and sanitary shelter, wholesome food and water, consistent with the normal requirements and feeding habits of the animal's size, species, and breed.
The apprehending, catching, netting, tranquilizing or confining of any animal by the health officer or his agent.
Any premises designated by the City for the purposes of impounding and caring for all animals found in violation of this Chapter.
With respect to a dog, refers to a female dog between the ages of six (6) months and ten (10) years of age which is capable of being bred; and with respect to a cat, refers to a female cat between the ages of six (6) months and eight (8) years which is capable of being bred.
Any place or tract of land, whether indoors or outdoors, whether enclosed or not, used for the purpose of commercial activity, i.e., selling, breeding, boarding, or training dogs or cats or both. The word "selling" as herein used shall not be construed to include the sale of animals four (4) months of age or younger which are the natural increase of animals kept by persons not operating a kennel as herein defined; nor shall selling be determined to include isolated sales of animals over four (4) months old by persons not operating a kennel as long as the sales are limited to no more than four (4) animals per year.
The agency or department of the City of Byrnes Mill, or any designated representative thereof, charged with administering the issuance and/or revocation of permits and licenses under provisions of this Chapter.
Vaccine which is manufactured using tissue of the nervous system as a growth medium.
Rendered permanently incapable of reproduction.
See Public nuisance.
Any person, partnership, or corporation owning, keeping or harboring one (1) or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more.
Any spectacle, display, act, or event in which performing animals are used to engage in combat to provide entertainment for the public.
Any animal kept for pleasure rather than utility.
A facility operated by the State or any political subdivision of the State for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals.
Any deliberate act by a person towards a dog or any other animal done with the intent to tease, torment, abuse, assault, or otherwise cause a reaction by the dog or other animal; provided however, that any act by a person done with the intent to discourage or prevent a dog or other animal from attacking shall not be considered provocation.
Any animal or animals which:
Damages, soils, defiles, or defecates on private property other than the owner's (including the fouling of the air) or on public walks or recreation areas unless such waste is immediately removed and properly disposed of by the owner;
Molests passersby or passing vehicles by lunging at fences, chasing, or acting aggressively towards such person(s), unless provoked by such person(s);
Attacks other animals;
Trespasses on school grounds;
Is repeatedly at large;
Damages and/or denudes private or public property;
Barks, whines, howls, or causes noise in an excessive, continuous, or untimely fashion so as to cause a public peace disturbance;
Reduces the property value of land or real property for which the animal is housed, roams, or kept.
The isolation of an animal in an enclosure so that the animal cannot have physical contact with other animals or persons without recognized authority to be near or about the quarantined animal.
An animal pound, shelter, humane organization, or animal control agency, whether public or private, but not including an individual who occasionally renders humane assistance or shelter in his/her home to a dog or cat.
Any person who is capable to handle the physical control, i.e., the charge, care, control, custody, or possession, or responsibility for the same, of an animal at any given time. An "owner" shall be presumed to have ultimate responsibility for the physical control of the animal and may divest himself/herself of such responsibility only by the transferring of, or giving permission for, actual physical control of the animal to a legally responsible adult person of age eighteen (18) or more. Whenever such other person of the requisite age has responsibility for physical control of the animal, such person shall be the "responsible person". At all other times, the "owner" shall be presumed to be the "responsible person".
An animal, off the premises of its owner's real property, is under restraint within the meaning of this Chapter:
Under the physical control of its owner or person over the age of twelve (12) years having charge, care, custody or control of the animal;
If it is controlled by a line or leash not more than six (6) feet in length;
When within a vehicle being driven, parked or stopped. Animals confined in or upon a motorized vehicle shall be considered physically restrained, providing that the animal's body parts cannot extend beyond two (2) inches from the vehicle, when the vehicle is not in motion and not more than the length of the distance from the animal's shoulders to the tip of its muzzle when the vehicle is in motion;
When not more than twenty-five (25) feet from a competent person, if such animal is not annoying or worrying any human being or domestic animal, or trespassing on private property, or in a public area where animals are not forbidden.
The rate charged for any person at or above the age of sixty-two (62).
The State veterinarian as provided by Chapter 267, RSMo.
The surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce, or the use of an approved serum which will permanently render the animal unable to reproduce.
Any object, regardless of shape and material, which bears a registration number and the words "Rabies Vaccination-Registration", which has been issued by authority of the health officer.
The United States Department of Agriculture (L. 1992, S.B. 636 S 1).
The injection, by a veterinarian, or his authorized agent, of a specified dose of anti-rabies vaccine into the body of an animal, such vaccine having the U.S. Government license number approval stamped on the label of the vaccine container and having been approved by the Health Officer. Vaccine used for a vaccination of animals shall be stored and kept under conditions proper for the vaccine and shall show no signs of spoilage or otherwise be unfit for producing immunity against rabies.
The procedure of vaccinating for rabies and issuing an identification number and an appropriate certificate. The above words shall be interchangeable.
Any veterinarian holding a current State license and operating on a participating basis with the Health Officer, as required by this Chapter.
Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
Any animal which, in a threatening and terrorizing manner, approaches any person upon the streets, sidewalks, or any public grounds or places in an apparent attitude of attack and/or constitute a physical threat to human beings or other animals, or having the propensity or tendency to do an act which may endanger the safety of persons or property of others in a given situation. Whether an animal has been properly licensed under the provisions of this Section shall have no relevance to the determination of whether an animal is a "vicious animal" as defined herein.
Any live monkey (non-human primate), raccoon, skunk, fox, poisonous snake, python or boa constrictor longer than six (6) feet in length, leopard, panther, tiger, lion, lynx, or other warm-blooded animal which can normally be found in the wild.