[R.O. 2017 § 205.010; Ord. No. 07-17 §§ 1 — 2, 12-21-2007]
The following words, terms and phrases,
when used in this Chapter, shall have the meaning ascribed to them:
Includes livestock, fowl, dogs, cats, ferrets and other creatures.[1]
To be freely roaming on the private
property of another without the consent of the owner or person in
control of the property or to be freely roaming on public property,
including any street, sidewalk or highway located within the City,
without the consent of the public entity in control of such public
property.
Any dog, when on any street, alley,
park, school ground or other public place in the City, which is not
attached to a leash, the other end of which is securely held by a
person, or any dog, when on private property within the City, which
is not confined by a fence or other device so as to prevent it from
straying from such private property.
A domesticated animal used as a household pet such as a hamster,
gerbil, reptile or similar animal.
Any member of the canine family.
Trained or adapted for use in a human environment.
Domesticated chickens, guineas, geese, ducks, turkeys or
other birds.[2]
The owner of four (4) or more dogs at least four (4) months
of age, whether owned for pleasure or profit, breeding or exhibiting.
Domesticated animals such as swine, horses, mules, asses,
sheep, goats or cattle or any other domesticated animal which may
be a member of any of the species so designated, but not including
canines, felines or reptiles.
Any person owning, keeping, harboring or caring for any domesticated
animal, including members of the canine and feline families.
Domesticated fowl as those words are defined herein.
[1]
Editor's Note: The former definition of "animal
control officer," which immediately followed this definition, was
repealed 12-15-2015 by Ord. No. 15-15 §§ 1, 8.
[2]
Editor's Note: The former definitions of "impound"
and "impoundment facilities," which immediately followed this definition,
were repealed 12-15-2015 by Ord. No. 15-15 §§ 1, 8.
[R.O. 2017 § 205.020; Ord. No. 93-100104 §§ 2 — 7, 1-10-1993]
A.
It shall be unlawful for any person to
keep, harbor or own a dog within the City, until and unless such person
secures a rabies vaccination certificate and the dog displays a tag
of registration-vaccination from a veterinarian who holds a current
license from the State.
B.
The licensed veterinarian, upon vaccination
of a dog, shall issue a certificate of vaccination and registration,
the date thereof and shall also furnish a collar tag showing such
vaccination. The vaccination and registration shall be valid for two
(2) years.
C.
The rabies vaccine to be used shall be
approved by the Society of Veterinary Practitioners of Greene County,
Missouri.
D.
The tag issued after registration-vaccination
shall be attached to the dog for which it was issued by means of a
secure collar or harness.
E.
If a tag is lost, another tag of the same
shape may be obtained from the veterinarian who issued the original
upon presentation of the original certificate and upon payment of
the veterinarian's fee.
F.
A tag shall not be transferred from the
dog for which it was issued to any other dog.
[R.O. 2017 § 205.030; Ord. No. 93-100104 §§ 1, 8, 1-10-1993; Ord. No. 15-15 §§ 2,
8, 12-15-2015]
It shall be unlawful for any person
owning, controlling, harboring, possessing, or having the management
or care of any dog to permit such dog to run at large on or from the
premises of such person. Every dog when on any street, alley, park,
school ground, or any other public place in the City which is not
attached to a leash, the other end of which is securely held, shall
be deemed running at large. Every dog, when on private property within
said City, which is either not attached to a leash, the other end
of which is securely held, or which is not so confined by fences or
other enclosures so as to prevent its straying from the premises,
shall be deemed running at large.
[R.O. 2017 § 205.040; Ord. No. 03-19 §§ 1 — 5, 6-17-2003]
A.
Any dog which is owned or trained primarily for dog fighting, or any dog which has inflicted a serious physical injury or a fatal injury on a human being on public or private property, other than as provided in Subsection (C) hereof, shall be classified as a dangerous dog by the Chief of Police. As used herein, "serious physical injury" means physical injury that causes disfigurement or protracted loss or impairment of the function of any part of the body. In addition to the foregoing, the Chief of Police may classify any dog as dangerous which has done any of the following, or which has exhibited any of the following characteristics:
1.
Has killed a domestic animal or livestock
or poultry, without provocation, while off of the owner's property.
2.
Has bitten a human being, without
provocation, on public or private property, other than the property
of the owner.
3.
Has bitten a human being, without provocation, while on the owner's property except as provided in Subsection (C) hereof.
4.
Has, without provocation, approached
or chased any human being in a menacing, threatening or aggressive
manner at any location, except on the property of the owner.
5.
Has a history or known propensity,
tendency or disposition to attack humans and/or domestic animals without
provocation.
B.
The owner of any dog which the Chief of
Police has classified as dangerous shall be so notified in writing
of the determination. If the owner disputes the circumstances of that
determination, he/she may make written application with the City Clerk
for a hearing. The written application shall be made not later than
five (5) days after the delivery to the owner of the written determination
that such dog is dangerous. If a hearing is requested, the following
shall apply:
1.
The judge of the Municipal Court
shall preside over such hearing and shall receive such evidence and
testimony as he/she deems relevant and appropriate as offered by the
City and by the owner of the dog.
2.
Pending a determination by the judge, the dog shall be confined, either as directed by the judge or in accordance with the provisions of Subsection (D) hereof.
3.
If a dog is declared to be dangerous, the judge shall impose those requirements set forth in Subsection (D) hereof on the owner of the dangerous dog. Any dog responsible for the infliction of a serious physical injury or a fatal injury on or to a human being, except as set forth in Subsection (C) hereof, shall be humanely destroyed. If it is determined by the judge that a dog has violated more than once any of the provisions of Subsection (A)(1) through (5) hereof or has violated multiple Subsections of Subsection (A) hereof, where such violations have occurred at different times, then the court may order the dog to be humanely destroyed.
4.
The Municipal Judge shall issue written
findings within ten (10) days of the date of any hearing. The decision
of the judge shall be final and there shall be no further administrative
appeal or remedy provided by or through the municipality.
C.
A dog known or found to have committed
any of the acts prohibited by this Section may, nonetheless, be declared
not to be dangerous under the following circumstances:
1.
When any such act was committed against
an individual who was in the process of committing a felony upon the
property of the dog's owner; or who was engaged in physically striking
or assaulting the dog's owner or any member of the owner's immediate
household; or
2.
When any such act was committed against
an individual who was committing a willful trespass upon the enclosed,
posted property of the owner, provided that this exception shall not
be applicable where a serious physical or fatal injury has been inflicted
upon a human; or
3.
Where the act occurred as a result
of the teasing, tormenting, abusing or assaulting of the dog and where
no serious physical or fatal injury was inflicted upon a human; or
4.
Where the dog is owned by a governmental
or Law Enforcement Agency and has been trained and is being used in
the providing of services by that agency.
D.
When a dog has been determined to be dangerous
and if the circumstances do not warrant humane destruction of such
dog, then the owner thereof shall be required to do all of the following:
1.
While on the owner's property, a
dangerous dog must be securely confined indoors or in a securely enclosed
and locked pen or structure suitable to prevent the entry of young
children and designed to prevent the animal from escaping. Such pen
or structure must have minimum dimensions of five by ten (5 x 10)
feet and must have secure sides and a secure top. If it has no bottom
secured to the sides, the sides must be embedded into the ground no
less than twelve (12) inches. The enclosure must also provide protection
from the elements for the dog. A sign shall be posted at each gate
stating "dangerous dog." The enclosure, when occupied by a dangerous
dog, shall not be occupied by any other animal. If the dangerous dog
is a female with a litter of puppies under three (3) months of age,
the puppies may occupy the same enclosure as the mother.
2.
No dangerous dog may be kept on a
porch, patio or in any part of a house or structure which would allow
the dog to exit such building on its own volition. In addition, no
such animal may be kept in a house or structure when the windows are
open or when screen windows or screen doors are the only obstacle
preventing the dog from exiting the structure.
3.
The owner or keeper shall display
a sign on his/her premises that there is a dangerous dog on the property.
This sign shall be visible and capable of being read from the public
highway or thoroughfare from which the property is entered. In addition,
a similar sign shall be posted on the kennel or pen or fenced yard
of such animal as hereinbefore described.
4.
A dangerous dog may be off the owner's
premises if it is muzzled and restrained by a substantial chain or
leash not exceeding six (6) feet in length and under the control of
a responsible person. The muzzle must be made in a manner that will
not cause injury to the dog or interfere with its vision or respiration
but must prevent it from biting any person or animal.
5.
All owners or keepers of dangerous
dogs must, within ten (10) days of such declaration, provide the Police
Department two (2) color photographs, one showing the left profile,
the other showing the right profile of the animal and clearly showing
the color and approximate size of the animal.
6.
Any dangerous dog shall wear at all
times a bright fluorescent yellow collar with required tags attached
so the dog can be identified as a dangerous dog.
7.
The owner or keeper shall notify
the Police Department immediately if a dangerous dog is loose, unconfined
or missing, has attacked another animal, or has attacked a human being.
8.
The owner or keeper shall notify
the Police Department within twenty-four (24) hours if a dangerous
dog has died or has been sold or given away. If the dog has been sold
or given away, the owner or keeper shall provide the Police Department
with the name, address and telephone number of the new owner and the
new owner, if the dog is kept within the City limits of Battlefield,
must comply with the requirements of this Article.
E.
As used herein, the masculine includes
the feminine and the singular includes the plural.
[R.O. 2017 § 205.050; Ord. No. 93-100104 §§ 11 — 12, 1-10-1993; Ord. No. 06-30 §§ 1 — 2, 9-20-2006]
A.
Any dog, cat or ferret that bites a human
being shall be turned over to a licensed veterinarian for observation
as to the existence of rabies for a time prescribed by said licensed
veterinarian and under no circumstances shall the offending dog, cat
or ferret be destroyed by anyone until such observation is complete.
Expenses of the keeping of the dog, cat or ferret during observation
shall be paid by the person owning, controlling, harboring, possessing
or having the management or care of said dog, cat or ferret.
B.
No person shall destroy a biting dog, cat
or ferret without submitting it for observation or shall refuse to
deliver up to the City Police Department his/her dog, cat or ferret
when requested to do so when said City Police Department shall have
reasonable grounds to believe that a person has been bitten by said
dog, cat or ferret.
[1]
Editor's Note: Former Sections 205.060, Notice
of Impoundment, 205.070, Term of Impoundment and 205.080, Reimbursement
of Costs, as amended, were repealed 12-15-2015 by Ord. No. 15-15 §§ 3,
8.
[R.O. 2017 § 205.090; Ord. No. 96-102202 §§ 1 — 2, 10-22-1996]
A.
It shall be a violation of City ordinance
for the owner or caretaker of any animal, defined as livestock herein,
to permit the same to run at large outside the enclosure of the owner
or caretaker provided for such livestock, and if any species of domestic
livestock aforesaid be found running at large outside of the enclosure
of the owner or caretaker, it shall be a violation of this City ordinance.
[Ord. No. 15-15 §§ 4,
8, 12-15-2015]
B.
Any person violating any of the provisions
of this Section shall upon conviction thereof be punished by a fine
of not less than five dollars ($5.00) and not more than five hundred
dollars ($500.00) per animal or imprisonment of not more than sixty
(60) days, or both fine and imprisonment.
[R.O. 2017 § 205.100]
B.
All fines and penalties for a first finding
of guilt under this Section may be waived by the court if the person
found guilty of animal neglect shows that adequate, permanent remedies
for the neglect have been made. Reasonable costs incurred for the
care and maintenance of neglected animals may not be waived. This
Section shall not apply to the provisions of Section 578.007, RSMo.,
or Chapter 272, RSMo.
C.
In addition to any other penalty imposed
by Section 578.009, RSMo., the court may order a person found guilty
of animal neglect to pay all reasonable costs and expenses necessary
for:
1.
The care and maintenance of neglected
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; and
4.
The avoidance or minimization of
any public health risks created by the neglect of the animals.
[R.O. 2017 § 205.105]
A.
A person is guilty of animal trespass if
a person having ownership or custody of an animal knowingly fails
to provide adequate control for a period equal to or exceeding twelve
(12) hours.
B.
For a first conviction of animal trespass,
each offense shall be punishable by a fine not to exceed two hundred
dollars ($200.00). The second and all subsequent convictions shall
be punishable by imprisonment or a fine not to exceed five hundred
dollars ($500.00), or both such fine and imprisonment. All fines for
a first conviction of animal trespass may be waived by the court,
provided that the person found guilty of animal trespass shows that
adequate, permanent remedies for trespass have been made. Reasonable
costs incurred for the care and maintenance of trespassing animals
may not be waived. This Section shall not apply to the provisions
of Section 578.007 or Sections 272.010 to 272.370, RSMo.
[R.O. 2017 § 205.110; Ord. No. 07-17 §§ 1, 3, 12-21-2007]
A.
A person commits the offense of animal abuse if he/she:
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 which results in substantial harm to the animal.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[R.O. 2017 § 205.120]
A.
A person commits the offense of knowingly
releasing an animal if that person, acting without the consent of
the owner or custodian of an animal, intentionally releases any animal
that is lawfully confined for the purpose of companionship or protection
of persons or property or for recreation, exhibition or educational
purposes.
B.
As used in this Section, "animal" means
every living creature, domesticated or wild, but not including Homo
sapiens.
C.
The provisions of this Section shall not
apply to a public servant acting in the course of such servant's official
duties.
[1]
Note: Under certain circumstances this offense
can be a felony under state law.
[R.O. 2017 § 205.130]
Any person in physical possession
and control of any animal shall remove excreta or other solid waste
deposited by the animal in any public or private area not designated
to receive such wastes, including, but not limited to, streets, sidewalks,
parking lots, public parks or recreation areas and private property.
The provisions of this Section shall not apply to a guide dog accompanying
any blind person.
[R.O. 2017 § 205.140; Ord. No. 97-121601 §§ 1 — 4, 12-16-1997; Ord. No. 07-17 §§ 1, 4, 12-21-2007; Ord. No. 19-02, 1-15-2019]
A.
Public Nuisance Animal (Dog/Canine). Any
dog/canine that unreasonably annoys humans, endangers the life or
health of other animals or persons, or substantially interferes with
the rights of citizens, other than their owners, to enjoyment of life
or property. The term "public nuisance animal (dog/canine)" shall
mean and include, but is not limited to, any dog/canine that:
1.
Damages the property of anyone other
than its owners;
2.
Intimidates pedestrians or passersby;
3.
Chases vehicles;
4.
Excessively makes disturbing noises,
including, but not limited to, continued, repeated howling, barking,
whining or other utterances causing unreasonable annoyance, disturbance
or discomfort to neighbors or others in close proximity to the premises
where the animal is kept or harbored;
5.
Causes unsanitary conditions in enclosures
or surroundings where the animal is kept or harbored;
6.
Is offensive or dangerous to the
public health, safety or welfare by virtue of the type of animals
maintained;
7.
Attacks other domestic animals.
B.
Any person violating Subsection (A)(4) will receive a written warning for the first offense. The second or subsequent violations require a citizen complainant to sign the summons. Multiple complainants are required for a summons to issue for a violation of Subsection (A)(4) between 6:00 A.M. and 10:00 P.M. All violations of Section 205.140 will be handled as prescribed in Section 100.220 of this Code.
[R.O. 2017 § 205.145; Ord. No. 07-17 §§ 1, 5, 12-21-2007]
No person shall keep a dog in any
pen on property owned or controlled by him/her, where the exterior
boundary of such pen is closer than twenty-five (25) feet to the nearest
point of the dwelling of another, or the business of another, or to
a church or school.
[R.O. 2017 § 205.150; Ord. No. 07-17 §§ 1, 5, 12-21-2007]
A.
Cats. No person at any time shall keep,
harbor, own or care for more than four (4) cats over the age of six
(6) months unless a license has been issued by the City to operate
a kennel.
B.
Dogs. No person shall at any time keep,
harbor, own or care for more than four (4) dogs over the age of six
(6) months unless a license has been issued by the City to operate
a kennel.
[1]
Editor's Note: Former Section 205.160, Impoundment
and Disposition of Stray Cats, adopted and amended by Ord. No. 07-17
§§ 1, 5, 12-21-2007, was repealed 12-15-2015 by Ord.
No. 15-15 §§ 5, 8.
[R.O. 2017 § 205.170; Ord. No. 07-17 §§ 1, 5, 12-21-2007]
A.
Distance From Dwellings And Other Structures.
No person shall keep a cow, bull, mule, jack, horse, goat or sheep
in an outdoor enclosure or pasture, the exterior boundary of which
is within one hundred (100) feet of the dwelling house of another,
or a church, school or place of business of another.
B.
Limitation On Number Kept. No person shall
keep more than one (1) cow, bull, jack, horse, goat or sheep or any
combination of such animals in an outdoor enclosure or pasture unless
such outdoor enclosure or pasture shall have an area of twenty-one
thousand seven hundred eighty (21,780) square feet for each of such
animals, provided that the provisions of this Subsection shall not
apply to the keeping of suckling offspring of any such animal.
C.
Animals Prohibited On Streets Or Sidewalks.
No person shall pasture cattle, mules, jacks, horses, goats or sheep
in such a manner so as to permit them to access a street or sidewalk
or the private property of another without the consent of the owner
or occupier thereof, nor otherwise permit such animals to run at large.
[R.O. 2017 § 205.180; Ord. No. 07-17 §§ 1, 5, 12-21-2007; Ord. No. 15-15 §§ 6,
8, 12-15-2015]
Restricted. No person shall keep
or permit the keeping of hogs, swine or pigs on premises owned or
controlled by him/her.
[R.O. 2017 § 205.190; Ord. No. 07-17 §§ 1, 5, 12-21-2007]
A.
No person shall keep chickens or other
domestic fowl in any pen having an area of less than one hundred forty-four
(144) square feet or where the exterior boundary of such pen is less
than fifty (50) feet from the nearest point from the dwelling or place
of business of another, or from a church or school. If more than twelve
(12) chickens or other domesticated fowl are kept in any such pen,
the pen shall have an area equal to twelve (12) additional square
feet for each additional chicken or other domesticated fowl kept therein.
B.
No person shall keep more than twenty-five
(25) chickens or other domestic fowl in any indoor facility where
such facility is located less than fifty (50) feet from the nearest
point of the dwelling or place of business of another, or from a church
or school. This Subsection shall not apply to any lawfully licensed
and operating hatchery.
C.
No person owning, harboring or caring for
any chickens, guineas, geese, ducks, turkeys or other domestic fowl
shall allow or permit the same to run at large.
D.
The keeping of any male chickens (roosters),
guineas (cock), geese (gander), ducks (drake), turkeys (tom/gobbler)
or any other male domestic fowl is prohibited.
[Ord. No. 15-15 §§ 7,
8 12-15-2015]
