[Ord. No. 984 §2, 10-4-2001]
As used in this Chapter, the following terms mean:
Any person appointed by the Mayor with the consent and approval
of the Board of Aldermen of the City to enforce provisions relating
to the regulations, licensing and control of animals within the City
and set forth herein, including the power to issue tickets for violations
of said ordinances.
Any premises designated by the City for the purpose of impounding
and caring for animals held under authority of this Chapter.
Any living creature, domestic or wild.
Any animal off the premises of the owner and not under the
control of the owner or a member of the owner's immediate family,
either by leash or otherwise.
A non-resident variety show that features animal acts.
Any bite, abrasion, laceration or scratch caused by an animal
sufficient to break the skin.
Any person, partnership or corporation engaged in business
of breeding, buying, selling or boarding dogs or cats or engaged in
the training of dogs.
Any person, partnership or corporation owning, keeping or
harboring animals.
An individual, partnership, company or corporation.
Any person, partnership or corporation engaged in business
of breeding, buying, selling or boarding animals of any species.
An animal shall be deemed to be under restraint if on the
premises of its owner or if accompanied by a responsible person and
under that person's control.
Allowing a dog or cat to be off the private premises of the
owner or keeper, or his/her agent or servant, and not on a leash or
confined to the arms, motor vehicle, trailer or other conveyance of
the owner or keeper, his/her agent or servant.
Any exhibition or act featuring performing animals.
Any establishment maintained and operated by a licensed veterinarian
for boarding of animals or the diagnosis and treatment of diseases
and injuries of animals.
Any of the following dogs:
Any dog, whether or not running at large and whether or not
unrestrained, that without provocation has bitten any person not a
trespasser causing serious physical injury to that person.
Any unrestrained dog, whether or not running at large, that
without provocation has attempted to bite any person not a trespasser
which would cause serious physical injury to that person.
Any unrestrained dog, whether or not running at large, that
without provocation has placed any person not a trespasser in apprehension
of immediate serious physical injury.
Any dog that has killed another dog, cat or other domestic animal
without provocation.
Any park or zoo operated by a person or private corporation.
[Ord. No. 984 §3, 10-4-2001]
A.
No
person shall, without first obtaining a written permit from the City,
own, keep, harbor or have custody of any dog over three (3) months
of age.
B.
The
Collector shall cause a notice of the necessity of paying such licensing
fee to be printed in the Mound City News by the fifteenth (15th) day
of June each year.
C.
The
name, address and Social Security number of the owner or keeper of
the dog registered, an accurate description of the dog and the tag
number issued to that dog shall be entered in a book kept by the City
Collector.
D.
The
City shall promulgate regulations governing the issuance of permits.
The City may amend such regulations from time to time as it deems
desirable for the public health and welfare.
[Ord. No. 984 §4, 10-4-2001]
A.
In
order to obtain a permit, the applicant must:
1.
Show that he/she is prepared to comply with the regulations for obtaining
a permit promulgated by the City;
2.
Present to the City Collector a certificate of immunization issued
and signed by a licensed and registered veterinarian stating that
said dog has been immunized against rabies for the current year.
3.
Present a statement signed by a licensed and registered veterinarian
stating that the female dog has been spayed and the date said animal
was spayed if the applicant is applying for a permit for a spayed
dog.
4.
Pay the applicable license fee to the City Collector, as follows:[1]
a.
For each fixed female and male dog, seven dollars fifty cents ($7.50);
b.
For each unspayed female dog, ten dollars ($10.00);
c.
A three dollar ($3.00) fee per dog, per month that the tags are delinquent
will be assessed;
d.
A picture of the dog(s) being licensed is also required for each
license;
e.
No fee shall be required of any humane society, veterinary hospital
or municipal animal control facility.
[1]
Editor's Note: The fees herein were updated at the City's
request to align with meeting minutes dated May 10, 2018.
[Ord. No. 984 §5, 10-4-2001]
[Ord. No. 984 §6, 10-4-2001]
The City may revoke any permit if the person holding the permit
refuses or fails to comply with this Chapter, the regulations of any
State or local law governing cruelty to animals or the keeping of
animals. Upon the revocation of any permit by the City, the City may
order that within ten (10) days thereafter the owner or person who
held the permit shall humanely dispose of such animal owned, kept
or harbored by that person and no part of the permit fee shall be
refunded. It shall be a condition of the issuance of any permit to
any owner of dogs kept for commercial purposes that the City shall
be permitted to inspect all animals and premises where animals are
kept at any time and the City shall, if permission for such inspection
is refused, revoke the permit of the refusing owner.
[Ord. No. 984 §7, 10-4-2001]
A.
Upon
issuing a permit to keep any dog, the Collector shall execute a receipt
in duplicate. He/she shall deliver the original receipt to the person
who pays the fee, retaining the duplicate. The Collector shall also
issue to the owner a durable tag (the shape of which shall be different
for each license year) stamped with an identifying number and with
the year of issuance. Tags should be designed so that they may conveniently
be fastened to the collar or harness of the dog.
B.
In
case any dog tag is lost, a duplicate may be issued by the Collector
upon presentation of a receipt showing the payment of the license
fee for each current year. A charge of one dollar ($1.00) shall be
made for each such duplicate tag.
C.
Dog
tags are not transferable and no refunds shall be made for any reason
on any dog or cat license fee including, but not limited to, leaving
Mound City or death of the dog or cat before the expiration of the
license period.
D.
It
is unlawful to counterfeit or attempt to counterfeit tags provided
for in this Section or to take from any dog tag legally placed upon
it by its owner with the intent to place it upon another dog or to
place it upon another dog.
E.
The
owner shall cause said tags to be affixed by a permanent metal fastening
to the collar of the dog so licensed in a manner such that the tag
may be easily seen by the officers of the City of Mound City. The
owner shall see that the tag is constantly worn by such dog. The City
shall maintain a record of identifying numbers and shall make this
record available to the public.
F.
Any
dog found running at large upon the streets of this City without such
tag shall be deemed not to have the license fee paid upon them.
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.
[Ord. No. 984 §9, 10-4-2001; Ord. No. 1138 §1, 7-9-2009]
A.
Unrestrained
or unlicensed dogs may be taken by a Police Officer or other appropriate
City Officer and impounded in an animal shelter which is designated
as the City pound and there be confined in a humane manner.
B.
If
the dog is licensed, the City shall as soon as reasonably possible
upon impoundment notify the owner by telephone or mail of the impoundment
of the dog and inform them of the requirements for regaining custody
of the dog. The City shall post notice in some conspicuous place if
the dog is unlicensed.
C.
Animals
impounded under this Chapter shall be kept at least five (5) business
days unless reclaimed by their owners or their owner executes a release
allowing the animal to become property of the City prior to the end
of such time period. At the end of the five (5) business days, the
animal shall immediately become the property of the City at which
time the City may either put the animal up for adoption or have it
humanely euthanized. If the owner executes a release and surrenders
the animal to the City then the animal shall be kept at least twenty-four
(24) hours and then either put up for adoption or humanely euthanized.
[Ord. No. 984 §10, 10-4-2001]
A.
No
owner or person shall be allowed to redeem an animal from the pound
unless said person:
1.
Pays a standard fee per day of confinement and impoundment fee established
by the Board of Aldermen;
2.
Presents a valid license when the impounded animal is a dog;
3.
Presents written proof that the animal has received a rabies vaccination
if the impounded animal is a dog over six (6) months old.
B.
The
owner may also be proceeded against for violation of this Chapter
and his/her permit may be revoked.
[Ord. No. 984 §11, 10-4-2001]
The City shall make arrangements for animals to be impounded
where any animal is taken up for being in violation of this Chapter.
Said animal shall be delivered, kept and fed in a humane manner until
lawfully reclaimed by its owner or otherwise disposed of under the
provisions of this Chapter.
[Ord. No. 984 §12, 10-4-2001]
A.
No dog, whether licensed or not, shall be allowed to run at large or upon the premises of one other than the owner. If any such dog is found running at large in violation of this provision, it shall be taken up and impounded and shall not be released, except after satisfaction of the requirements set forth in Sections 205.080 — 205.090 of this Chapter and meeting any other requirements set forth within this Chapter and any subsequent amendments thereto.
B.
In
addition to, or in lieu of, impounding a dog found at large, the Police
Officer or Animal Control Officer may issue to the known owner of
such animal a notice of ordinance violation of this Chapter.
C.
If,
however, any dangerous, fierce or vicious animal so found at large
cannot be safely taken up and impounded, such animal may be slain
by any Police Officer.
[Ord. No. 984 §13, 10-4-2001]
Every female dog in heat shall be confined in a building or
secure enclosure in such manner that such female dog cannot come into
contact with another animal except for planned breeding.
[Ord. No. 984 §14, 10-4-2001]
All cats within the City limits shall be immunized against rabies
for the current year with the owner of said cat keeping in his/her
possession a signed statement by a licensed or registered veterinarian
evidencing said immunization.
[Ord. No. 984 §15, 10-4-2001]
A.
No
person shall own, keep or harbor upon his/her premises any animal
that by loud or frequent or habitual barking, yelping or howling or
by threat of attacking or biting causes fear or annoyance to the neighborhood
or to persons passing upon the streets or sidewalks, molests passerby,
chases vehicles, habitually attacks other domestic animals, trespasses
upon school grounds or trespasses upon private property in such manner
as to damage property. Such animals shall be deemed a nuisance.
B.
In
addition to other penalties prescribed by this Chapter, if upon violation
and conviction of the provisions of this Section relating to vicious
animals it shall appear to the judge of the Municipal Court that it
is necessary for the public safety and welfare that the animal concerned
be removed from the City limits or euthanized, the judge shall so
order and the Animal Control Officer or Chief of Police shall see
that the order of the court is carried out.
A.
A person
commits the offense of animal abuse if he or 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.
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 this 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.
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.
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.
[Ord. No. 1096 §§1 —
2, 8-9-2007]
A.
It
shall be unlawful to keep, harbor, own or in any way possess within
the corporate limits of the City of Mound City, Missouri:
1.
Any warm-blooded, carnivorous or omnivorous, wild or exotic animal (including, but not limited to, non-human primates, raccoons, skunks, foxes and wild and exotic cats; but excluding fowl, ferrets and small rodents of varieties used for laboratory purposes). This Section shall not be construed to apply to a zoological garden, theatrical exhibit or circus as defined in Section 205.010 of this Chapter, except that no theatrical exhibit or act shall be held in which animals are encouraged to perform through the use of chemical, electrical or mechanical devices.
2.
Any animal having poisonous bites.
3.
Any pit bull dog; provided that pit bull dogs registered with the City of the date of enactment of this Section (August 9, 2007) may be kept within the City subject to the standards and requirements set forth in Section 205.180(B). "Pit bull dog" is
defined to mean:
a.
The bull terrier breed of dog;
b.
The Staffordshire bull terrier breed of dog;
c.
The American pit bull terrier breed of dog;
d.
The American Staffordshire terrier breed of dog;
e.
Dogs of mixed breed or of other breeds than above listed which breed
or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers;
f.
Any dog that has the appearance and characteristics of being predominantly
of the breeds of bull terrier, Staffordshire bull terrier, American
pit bull terrier, American Staffordshire terrier; any other breed
commonly known as pit bulls, pit bull dogs or pit bull terriers; or
a combination of any of those breeds.
4.
Any Rottweiler dog; provided that Rottweiler dogs registered with the City on the date of enactment of this Section (August 9, 2007) may be kept within the City subject to the standards and requirements set forth in Section 205.180(B). "Rottweiler dog" is defined to mean the following:
a.
The Rottweiler breed of dog;
b.
Dogs of mixed or crossed breeds of which one (1) or more of the mixed
breeds or crossed breeds include the Rottweiler breed of dog;
c.
Any dog that has the appearance and characteristics of being predominately
of the breed of Rottweiler dog; any other breed and any other dog
commonly known as or referred to as a Rottweiler; or a combination
of any of the above.
5.
Any dog which is the product of crossbreeding of a dog with a wolf,
coyote, fox or any other warm-blooded, carnivorous or omnivorous,
wild or exotic animal, such animals to be defined as "wolf
dogs". "Wolf dogs" shall also be defined
to mean any dog that has the appearance and characteristics of being
predominately of an animal other than a dog and any animal commonly
known as a "wolf dog".
B.
Keeping Of Dangerous Dogs. The provisions of Section 205.180(A) are not applicable to owners, keepers or harborers of dangerous dogs registered with the City of Mound City on the effective date of this Section (August 9, 2007). The keeping, owning or harboring of any such dogs, however, shall be subject to the following standards:
1.
Leash and muzzle. No person shall permit a dangerous
dog to go outside his/her kennel or pen unless such dog is securely
leashed with a leash no longer than four (4) feet in length. No person
shall permit a dangerous dog to be kept on a chain, rope or other
type of leash outside its kennel or pen unless a person is in physical
control of the leash. Such dogs may not be leashed to inanimate objects
such as trees, posts, buildings, etc. In addition, all dangerous dogs
on a leash outside the animal's kennel must be muzzled by a muzzling
device sufficient to prevent such dog from biting persons or other
animals.
2.
Confinement. Dangerous dogs shall be 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 dangerous dogs must be locked with a key
or combination lock when such animals are within the structure. Such
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. All structures which house dangerous dogs
must comply with all zoning and building regulations of the City.
All such structures must be adequately lighted and ventilated and
kept in a clean and sanitary condition.
3.
Confinement indoors. No dangerous dogs shall be kept indoors unless such dog is penned within an area as described in Section 205.180(B)(2).
4.
Signs. All owners, keepers or harborers of dangerous
dogs within the City shall within ten (10) days of the effective date
of this Section (August 9, 2007) display in a prominent place on their
premises a sign easily readable by the public, using the words "beware
of dog." In addition, a similar sign is required to be posted on the
kennel or pen of such animal.
5.
Insurance. All owners, keepers or harborers of dangerous
dogs must within ten (10) days of the effective date of this Section
(August 9, 2007) provide proof to the Mound City Clerk of public liability
insurance in single incident amount of five hundred thousand dollars
($500,000.00) for bodily injury to or death of any person or persons
or for damage to property owned by any persons that may result from
the ownership, keeping or maintenance of such animal. Such insurance
policy shall provide that no cancellation of the policy will be made
unless ten (10) days' written notice is first given to the Mound City
Clerk.
6.
Identification photographs. All owners, keepers
or harborers of dangerous dogs must within ten (10) days of the effective
date of this Section (August 9, 2007) provide to the City Clerk two
(2) color photographs of the animal clearly showing the color and
approximate size of the animal.
7.
Reporting requirements. All owners, keepers or harborers
of dangerous dogs must within ten (10) days of the incident report
the following information in writing to the Mound City Clerk as required
hereinafter:
8.
Sale or transfer of ownership prohibited. No person
shall sell, barter or in any other way dispose of a dangerous dog
registered with the City of Mound City, unless such transfer is to
a person or entity who does not reside within the City.
9.
Animals born of dangerous dogs. All offspring born
of dangerous dogs registered with the City must be removed from the
City within six (6) weeks of the birth of such animal.
10.
Irrebuttable presumptions. There shall be an irrebuttable presumption that any dog registered with the City as a dangerous dog or any of those breeds prohibited by Section 205.180(A) is, in fact, a dog subject to the requirements of the Section.
11.
Failure to comply. It shall be unlawful for the
owner, keeper or harborers of a dangerous dog registered with the
City of Mound City to fail to comply with the requirements and conditions
set forth in this Section. Any dog found to be the subject of a violation
of this Section shall be subject to immediate seizure and impoundment.
In addition, failure to comply will result in the revocation of the
license of such animal, resulting in the immediate removal of the
animal from the City.
C.
Violations And Penalties. In addition to all other penalties
available pursuant to the ordinances of Mound City, the following
penalties may be imposed: Should the defendant refuse to remove the
dog from the City, the Municipal Court Judge shall find the defendant
owner in contempt of court and order the immediate confiscation and
impoundment of the animal. Each day that a violation of this Section
continues shall be deemed a separate offense. In addition to the foregoing
penalties, any person who violates this Section shall pay all expenses,
including shelter, food, handling, veterinary care and testimony necessitated
by the enforcement of this Section.
[Ord. No. 1113 §§1 —
2, 5-8-2008]
No person or group of persons residing at the same address shall
at any time keep, harbor or own, on any parcel of land within the
City, more than three (3) dogs and three (3) cats over the age of
six (6) months. This provision shall not apply to any lawfully operated
commercial kennel or a kennel maintained in connection with a small
animal hospital or the City pound. For purposes of this Section, in
addition to any general penalty allowed the judge shall order the
defendant to remove sufficient number of dogs or cats to bring into
compliance with this Section.
[1]
Editor's Note — Ord. no. 1096 §1, adopted August 9, 2007, repealed section 205.180 "wild animals" and section 205.190 "vicious dogs prohibited — exceptions" and §2 enacted new provisions which are set out as section 205.180 "animals — keeping prohibited" and section 205.190 is reserved for the city's future use. Former sections 205.180 and 205.190 derived from ord. no. 984 §17, 10-4-2001. Subsequently, ord. no. 1113 §2, adopted May 8, 2008, enacted new provisions which are set out as section 205.190.
[Ord. No. 984 §18, 10-4-2001]
A.
It
is unlawful for any person having knowledge that any person has been
bitten by a dog or other animal to refuse to notify the Police promptly.
B.
Any
animal that bites a person shall be quarantined for ten (10) days
if ordered by the appropriate City Officer. During quarantine the
animal shall be securely confined and kept from contact with any other
animal. At the discretion of the appropriate City Officer, the quarantine
may be on the premises of the owner. If the appropriate City Officer
requires other confinement, the owner shall surrender the animal for
quarantine period to an animal shelter or shall, at his/her own expense,
place it in a veterinary hospital.
Whenever rabies becomes prevalent in the City, the Mayor shall,
according to the necessity of the case, issue a quarantine order,
requiring every owner or person in charge of any dog or dogs within
the limits of the City, to either kill or impound his/her dog or dogs
or to have such dog or dogs immunized. Said order shall be published
once in the paper officially publishing the business of the City;
and in the absence of such paper, shall be posted as in case of sales
of personal property. The Mayor is authorized by proclamation to terminate
any such quarantine whenever, in his/her judgment, the necessity for
it no longer exists.
[Ord. No. 984 §20, 10-4-2001]
Any animal suspected by an appropriate City Official to have
rabies shall be quarantined and examined by a licensed veterinarian
to determine whether or not it has rabies. If a veterinarian diagnoses
rabies in an animal in quarantine, the animal shall be humanely killed
and the head of such animal sent to a laboratory for pathological
examination and confirmation of the diagnosis.
[Ord. No. 984 §21, 10-4-2001]
The Sections of this Chapter requiring a permit shall not apply
to non-residents of the City who are keeping only domestic pets, provided
that animals of such owners shall not be kept in the City longer than
thirty (30) days and that the animals are kept under restraint and
the dog is vaccinated for rabies.
[Ord. No. 984 §22, 10-4-2001]
The Animal Control Officer shall receive a fee for his/her services
as established by a fee schedule set by the Board of Aldermen.
[Ord. No. 984 §23, 10-4-2001]
It is unlawful for any unauthorized person to break open the
pound or to attempt to do so or to take or let out any animals therefrom
or to take or attempt to take from any officer any animal taken up
by him/her in compliance with this Chapter or in any manner to interfere
with, hinder, molest or abuse such officer in the discharge of his/her
duties under this Chapter.
[Ord. No. 1112 §1, 4-10-2008]
A.
Distance From Dwellings And Other Structures. No person
shall keep a cow, bull, mule, jack, horse, goat, sheep or any form
of animal commonly known as livestock except hogs, swine or pigs (hereinafter,
collectively referred to as "livestock") or chickens, ducks, geese,
guinea hens or any form of bird commonly known as fowl (hereinafter,
collectively known as "fowl") in an outdoor enclosure or pasture,
the exterior boundary of which is within one hundred (100) feet of
the dwelling house of another, a church, a school, a business or other
such structure intended for human habitation on a permanent or temporary
basis.
No hogs, swine or pigs shall be kept within the City under any
conditions.
B.
Limitation On Number Kept. No person shall keep any livestock
in an outdoor enclosure or pasture unless such enclosure or pasture
shall have an area of twenty-one thousand seven hundred eighty (21,780)
square feet (one-half (½) acre) for each head of livestock
located thereon; provided that this area requirement shall not apply
to the keeping of suckling offspring of a cow or mare.
C.
Confinement Of Livestock And Fowl Within City. Every person
owning land within the City upon which livestock or fowl are kept
or permitted to be kept by the landowner or otherwise shall confine
and restrict such livestock and fowl to such property.
D.
Offensive Or Noxious Odors From Keeping Of Livestock Or Fowl. No person shall keep or allow or permit to be kept on any premises
occupied by him or under his charge or control any livestock or fowl
in a pen or other enclosure under such conditions that cause an offensive
or noxious smell or odor to arise therefrom, to the injury, annoyance
or inconvenience of any inhabitant of the City.
E.
Livestock Prohibited In Certain Structures. It shall be
unlawful to keep or maintain livestock in a building used for residential
purposes.
F.
Unlawful Release Of Livestock Or Fowl. It shall be unlawful
for any person to release or permit or cause to be released from any
enclosure any livestock or fowl.
