[Ord. No. 997-96-09 §1, 6-6-1996]
For the purposes of this Chapter the following terms shall be
deemed to have the meaning indicated below:
ADEQUATE CARE
Normal and prudent attention to the needs of an animal, including
wholesome food, clean water, shelter and health care as necessary
to maintain good health in a specific species of animal.
ADEQUATE CONTROL
To reasonably restrain or govern an animal so that the animal
does not injure itself, any person, any other animal, or property.
ANIMAL
Every living vertebrate except a human being.
ANIMAL SHELTER
A facility which is used to house or contain animals and
which is owned, operated or maintained by a duly incorporated humane
society, animal welfare society, society for the prevention of cruelty
to animals, or other not-for-profit organizations devoted to the welfare,
protection, and humane treatment of animals.
FARM ANIMAL
An animal raised on a farm or ranch and used or intended
for use in farm or ranch production.
HARBOR
To feed or shelter an animal at the same location for three
(3) or more consecutive days.
HUMANE KILLING
The destruction of an animal accomplished by a method approved
by the American Veterinary Medical Association's Panel on Euthanasia,
but animals killed during the feeding of pet carnivores shall be considered
humanely killed.
OWNER
In addition to its ordinary meaning, any person who keeps
or harbors an animal or professes to be owning, keeping, or harboring
an animal.
PERSON
Any individual, partnership, firm, company, corporation,
association, trust, estate, or other legal entity.
PESTS
Birds, rabbits, or rodents which damage property or have
an adverse effect on the public health, but shall not include any
endangered species listed by the United States Department of the Interior
nor any endangered species listed in the Wildlife Code of Missouri.
[Ord. No. 997-96-09 §1, 6-6-1996]
A. The provisions
of this Chapter shall not apply to:
1. Care
or treatment performed by a licensed veterinarian.
2. Bona
fide scientific experiments.
3. Hunting,
fishing, or trapping as allowed by Chapter 252, RSMo., including all
practices and privileges as allowed under the Missouri Wildlife Code.
4. Facilities
and publicly funded Zoological Parks currently in compliance with
the Federal Animal Welfare Act as amended.
5. Rodeo
practices currently accepted by the Professional Rodeo Cowboy's Association.
6. The
humane killing of an animal by the owner thereof, the agent of such
owner, or by a veterinarian at the request of the owner thereof.
7. The
lawful, humane killing of an animal by an animal control officer,
the operation of an animal shelter, a veterinarian, or law enforcement
or health official.
8. With
respect to farm animals, normal or accepted practices of animal husbandry.
9. The
killing of an animal by any person at any time if such animal is outside
of the owned or rented property of the owner or custodian of such
animal and the animal is injuring any person or farm animal but shall
not include police or guard dogs while working.
10. The
killing of house or garden pests.
[Ord. No. 997-96-09 §1, 6-6-1996]
A person is guilty of animal neglect if the person has custody
or ownership or both of an animal and fails to provide adequate care
or adequate control of the animal, including, but not limited to,
abandoning an animal in any place without making provisions for its
adequate care which results in substantial harm to the animal.
[Ord. No. 997-96-09 §1, 6-6-1996]
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 this Chapter.
2. Purposely
or intentionally causes injury or suffering to an animal.
[Ord. No. 997-96-09 §1, 6-6-1996]
The parent or guardian of a minor child is responsible for the
adequate care and adequate control of any animal owned by, in the
control of, or harbored by the minor child.
[Ord. No. 997-96-09 §1, 6-6-1996]
A. Any duly
authorized public health official, law enforcement official, or animal
control officer may impound any animal when such animal shows evidence
of being subject to animal neglect or animal abuse. Any animal so
impounded shall be placed in the care or custody of a veterinarian,
the appropriate animal control authority or animal shelter.
B. If such
animal is diseased or disabled beyond recovery for any useful purpose
as determined by a public health official or veterinarian, such animal
may be humanely killed in lieu of impoundment.
C. Any animal
so impounded shall be held for recovery by the owner. If the owner
can be ascertained, the owner shall be notified within five (5) business
days of impoundment by phone or by mail of the animal's location and
recovery procedures. The animal shall be held for ten (10) business
days. An animal unclaimed after ten (10) business days may be put
up for adoption or humanely killed. During the ten (10) day period,
the public shall have clear access to inspect or recover the animal
through time periods ordinarily accepted as usual business hours.
D. The owner
or custodian of an animal impounded pursuant to this Section shall
be liable for the reasonable costs for the care and maintenance of
the animal. Any person incurring reasonable costs for the care and
maintenance of such animal shall have a lien against such animal until
the reasonable costs have been paid and may put up for adoption or
humanely kill any animal if such costs are not paid within ten (10)
days after demand. Any money received for an animal adopted pursuant
to this Section in excess of costs shall be paid to the owner of such
animal, if the owner can be ascertained.
[Ord. No. 997-96-09 §1, 6-6-1996]
If a person is convicted or found guilty or enters a plea of
guilty to the offense of animal neglect or the offense of animal abuse,
and if the court having jurisdiction is satisfied that an animal owned
or controlled by such person would in the future be subject to such
neglect or abuse, such animal shall not be returned to or allowed
to remain with such person, and shall be put up for adoption or humanely
killed as if such animal had been unclaimed.