City of Strafford, MO Article I General

Section 205.010 Definitions.

[Ord. No. 413-00 Art. II, 4-17-2000; Ord. No. 783, 10-17-2016]

The following words, when used in this Chapter, shall have the meanings set out herein:

DANGEROUS ANIMAL

1. Any animal which has inflicted severe or fatal injury on a human being without provocation whether on public or private property.

2. Any animal which has killed a domestic animal without provocation while off the owner's property.

3. Any animal which is kept or owned primarily or in part for the purpose of fighting.

4. Any animal kept and trained primarily for the purpose of guarding public or private property, specifically excepting all animals owned by governmental agencies for the purpose of law enforcement.

5. Any animal with a known propensity, tendency or disposition to attack human beings or domestic animals without provocation.

6. Any animal which, unprovoked, in a vicious or terrorizing manner chases or approaches any person in a menacing fashion or apparent attitude of attack upon the streets, sidewalks or any other public grounds or place.

7. All wild and/or domesticated animals are considered dangerous unless the animals have been registered and/or immunized as needed and required.

DOG

Any member of the canine species.

KEEPING OF AN ANIMAL

Any person who shall allow an animal to habitually remain, be lodged or be fed within any house, store, yard, enclosure or place or who shall have any ownership interest in the animal shall be deemed and considered as keeping said animal within the meaning of this Chapter.

MINIMUM CARE

Care sufficient to preserve the health and well-being of an animal and, except for emergencies or circumstances beyond the reasonable control of the guardian, includes, but is not limited to, the following requirements:

1. Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight.

2. Open or adequate access to potable water of a drinkable temperature in sufficient quantity to satisfy the animal's needs.

3. Access to a barn, house or other enclosed structure sufficient to protect the animal from wind, rain, snow, or sun and which has adequate bedding to protect against cold and dampness.

4. Veterinary care deemed necessary by a reasonable, prudent person to relieve distress from injury, neglect or disease.

5. Continuous access to an area:

a. With adequate ventilation.

b. With regular diurnal lighting cycles of either natural or artificial light.

c. Kept reasonably clean and free from excess waste or other contaminates that could affect the animal's health and possibly public health.

PROVOCATION

An animal is provoked under this Chapter if its action is in direct response to being tormented, abused or if its action was in direct response to protecting itself, its owner, its owner's property or its offspring.

Section 205.020 Animal Neglect Or Abandonment.

[Ord. No. 783, 10-17-2016]

A. A person is guilty of animal neglect when he/she has custody or ownership, or both, of an animal and fails to provide minimum 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 minimum care.

C. Animal neglect or animal abandonment are ordinance violations. For a first 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 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 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.

E. Under the provisions of Section 125.625 (Administrative Search Warrants) of the Strafford Municipal Code, any police officer or other person designated by the Board of Aldermen shall have the authority to enter upon any premises within the City and inspect said premises for discovery of animal neglect or abandonment.

Section 205.030 Animal Abuse. [1]

[Ord. No. 783, 10-17-2016]

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 cause injury or suffering to an animal; or

3. Having ownership or custody of an animal knowingly fails to provide minimum care or adequate control.

[1] Note — Under certain circumstances this offense can be a felony under state law.

Section 205.040 Knowingly Releasing An Animal.

[Ord. No. 783, 10-17-2016]

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 the Section, "animal" means every living creature, domesticated or wild, but not including Homo sapiens.

C. The provisions of the Section shall not apply to a public servant acting in the course of such servant's official duties.