B.Â
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.Â
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.Â
The care and maintenance of neglected animals within the person's
custody or ownership;
2.Â
The disposal of any dead or diseased animals within the person's
custody or ownership;
3.Â
The reduction of resulting organic debris affecting the immediate
area of the neglect; and
4.Â
The avoidance or minimization of any public health risks created
by the neglect of the animals.
A.Â
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.Â
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.
A.Â
A person
commits the offense of animal abuse if he or she:
1.Â
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.Â
Purposely or intentionally causes injury or suffering to an animal;
or
3.Â
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.
[CC 1984 §5.050]
The members of the Police Department or any other person in
the City are authorized to kill any dangerous animals of any kind
when it is necessary for the protection of any person or property.
[CC 1984 §5.070]
Any person who shall ride or drive any horse, mule or other
animal on the streets, alleys or public grounds within the City in
a rapid or unusual manner or at any unusual rate of speed or shall
knowingly ride or drive any vicious or dangerous animal of any kind
on the streets and alleys or shall ride or attempt to ride or drive
any unbroken horse, mule or other animal in any street, alley or public
place within the City without securely fastening the animal or who
shall turn any such animal loose or unfasten the animal shall be guilty
of a violation of this Section.
[CC 1984 §5.080]
It shall be unlawful to permit any cattle, horse, swine, rabbits,
sheep, goats or poultry to run at large in the City. It shall further
be unlawful to picket or tie any such animal in any of the streets
of the City for the purpose of grazing or feeding.
[Ord. No. 1389, 12-13-2021]
A.Â
All
premises where an animal is kept shall be maintained in a clean and
sanitary condition at all times and sanitary methods shall be used
to obliterate or prevent any offensive odors.
B.Â
Dogs
kept in pens shall have a minimum of thirty (30) square fee of run
area per dog, except mother and puppies, and such areas shall be cleaned
at least three (3) times per week.
C.Â
In
no event shall animal waste be allowed to be a part of garbage or
refuse collection.
[1]
Editor's Note: Former Section 205.190, Livestock Not To Be Kept Near Residences, Public Places, was repealed 12-13-2021, by Ord. No. 1389. See now Sections 205.185, Sanitation Requirement for Animal Pens, Etc.; 205.195, Stable, Shed, Etc.; and 205.205, Animal Waste On Public And Private Property..
[Ord. No. 1389, 12-13-2021]
Whenever any stable, stall, shed or apartment, or any yard or
appurtenance thereof, in which any horse, cattle, sheep, cow or swine
or any other animal or fowl shall be kept, or any place within the
limits of this City, in which manure or liquid discharges of such
animals or fowl shall collect or accumulate, and which stable, stall,
shed or apartment or any yard or appurtenance thereof, is not kept
in a clean and wholesome condition so that no offensive smell shall
be allowed to escape therefrom, shall be deemed a nuisance.
A.Â
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.Â
As
used in this Section, "animal" means every living
creature, domesticated or wild, but not including Homo sapiens.
C.Â
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. 1389, 12-13-2021]
A.Â
No
owner, keeper or harborer of any animal shall allow such animal to
perform any normal bodily function of excrement, urination or regurgitation
upon the private property of another person or upon any other private
property not owned by the owner, keeper or harborer of such animal
unless the owner, keeper or harborer of such animal immediately and
properly removes and disposes of any such waste.
B.Â
No
owner, keeper or harborer of any animal shall allow such animal to
perform any normal bodily function of excrement, urination or regurgitation
upon the private property of another person or upon any public property,
any City, County or State owned or maintained property for the general
public's access, recreation or use unless the owner, keeper or harborer
of such animal immediately and properly removes and disposes of any
such waste.
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.
[CC 1984 §5.020]
It shall be unlawful to permit any dangerous animal or vicious
animal of any kind to run at large within the City.
[CC 1984 §5.030]
Any person who shall within the City exhibit in an indecent
manner any stallion, jack, bull, boar or ram or cause or permit any
such animal to be let to any animal of the opposite sex unless the
same be in some enclosed shed or stable entirely hidden from public
view shall be deemed guilty of a violation of this Section.
[CC 1984 §5.040]
Any person who shall hitch or fasten or cause to be fastened
or hitched to any shade or ornamental tree, to any fence within the
City or to any City property without the owner's or City's permission
any horse, mule or other animal shall be deemed guilty of a violation
of this Section.