[Ord. No. 02-17, 2-23-2017]
The following words, when used in this Chapter, shall have the
meanings set out herein:
All animals of the canine or feline species, both male and
female.
Any person having a right of property in a dog or cat, or
who keeps or harbors a dog or cat, or who has it in his/her care,
or acts as its custodian, or who knowingly permits a dog or cat to
remain on or about any premises owned or occupied by him/her.
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.
Physical injury that creates a substantial risk of death
or that causes serious disfigurement or protracted loss or impairment
of the function of any part of the body.
A person upon the premises of the owner or keeper of the
dog in question without license or privilege to be upon said premises.
Any dog running at large or a dog on the premises of its
owner or keeper but not confined to said premises by a leash, fence,
structure or other means that would prevent the dog from leaving such
premises.
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 restrained 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.
[Ord. No. 10-16 § 1, 8-25-2016]
The owner or keeper of any dog or cat in the Village of Airport
Drive is hereby required to have such animals vaccinated against rabies
by a licensed veterinarian and to procure a certificate of such vaccination
from the veterinarian which shall be produced upon request by any
official of the Village of Airport Drive.
It shall be unlawful for the owner or keeper of any dog or cat to permit the same to run at large within the Village of Airport Drive at any time. Any dog or cat found without the tag provided in Section 205.020, and any dog or cat found running at large, shall be impounded.
It shall be unlawful to own, keep or harbor a vicious dog in
the Village of Airport Drive.
It shall be the duty of the Chief of Police, the Village Police, and any other person of the Village of Airport Drive, especially designated by the Board of Trustees and the Chairman for such purpose, to take up any dog or cat without the tag provided in Section 205.020, any dog or cat running at large, or any vicious dog in violation of Section 205.040 above and to impound the same. In effecting the capture of any dog or cat, the officers aforesaid are authorized and directed to use traps, nets, tranquilizer guns or any other humane method.
Any officer performing duties under this Chapter shall be compensated
from the Village Treasury as provided from time to time by the Board
of Trustees. Such officer shall account to the Village for all sums
collected from owners or keepers under this Chapter and pay same into
the Village Treasury. Costs of feeding and keeping dogs or cats impounded
shall be paid from the Village Treasury.
Every officer impounding a dog or cat under this Chapter shall,
within twenty-four (24) hours after such impounding, enter upon a
registry open to the public and in plain public view at the Village
Hall of the Village, a description of such dog or cat, including breed,
color and approximate size, and the date apprehended, and if the owner
or keeper is known, the name and address of such owner or keeper;
or the owner or keeper shall be given actual notice of the impoundment
of such dog or cat before disposition of such dog or cat.
The owner or keeper of any dog or cat impounded under this Chapter
shall pay to the Chief of Police, Police Officer, or other official
especially designated to receive the same, a sum sufficient to reimburse
the Village for its costs in impounding such dog or cat and keeping
it impounded.
It shall be the duty of any officer impounding any dog or cat under this Chapter to keep the same impounded for a period of seven (7) days, unless such dog or cat shall be reclaimed by his/her owner or keeper under Section 205.080 of this Chapter. If, after the expiration of seven (7) days from the date of such impoundment, such dog or cat shall not have been reclaimed, the same shall be disposed of or destroyed in a humane manner.
A.
A person
is guilty of animal neglect when he/she has custody or ownership or
both of an animal and fails to provide adequate care or adequate control
which results in substantial harm to the animal.
B.
A person
is guilty of animal abandonment when he/she has knowingly abandoned
an animal in any place without making provisions for its adequate
care.
C.
Animal
neglect or animal abandonment are ordinance violations. For a first
(1st) offense of either violation, a term of imprisonment not to exceed
fifteen (15) days, or a fine not to exceed five hundred dollars ($500.00),
or both such fine and imprisonment may be imposed. For a second (2nd)
or subsequent violation of either offense, a term of imprisonment
not to exceed ninety (90) days, or a fine not to exceed five hundred
dollars ($500.00), or both such fine and imprisonment may be imposed.
All fines and penalties for a first (1st) conviction of animal neglect
or animal abandonment may be waived by the court provided that the
person found guilty of animal neglect or abandonment shows that adequate,
permanent remedies for the neglect or abandonment have been made.
Reasonable costs incurred for the care and maintenance of neglected
or abandoned animals may not be waived.
D.
In
addition to any other penalty imposed by this Section, the court may
order a person found guilty of animal neglect or animal abandonment
to pay all reasonable costs and expenses necessary for:
1.
The care and maintenance of neglected or abandoned 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 or abandonment; and
4.
The avoidance or minimization of any public health risks created
by the neglect or abandonment of the animals.
A.
A person
is guilty of animal abuse when a person:
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 or adequate control.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
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.
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.
Whenever rabies becomes prevalent in the Village, the Chairman
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 Village, 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 Village; and in the absence of such paper, shall be posted
as in case of sales of personal property. The Chairman is authorized
by proclamation, to terminate any such quarantine whenever, in his/her
judgment, the necessity for it no longer exists.
No person may keep any lion, tiger, leopard, ocelot, jaguar,
cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena,
wolf, bear, non-human primate, coyote, any deadly, dangerous, or poisonous
reptile, or any deadly or dangerous reptile over eight (8) feet long,
in any place other than a properly maintained zoological park, circus,
scientific, or educational institution, research laboratory, veterinary
hospital, or animal refuge, unless such person has registered such
animals with the local law enforcement agency in the County in which
the animal is kept.
