The following words, when used in this Chapter, shall have the
meanings set out herein:
All animals of the canine species, both male and female.
Any person having a right of property in a dog, or who keeps
or harbors a dog, or who has it in his/her care or acts as its custodian,
or who knowingly permits a dog to remain on or about any premises
owned or occupied by him/her.
Allowing a dog 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 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 or other domestic animal
without provocation.
Pit bull dogs.
The owner or keeper of any dog in the City of Seymour 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 and to present such certificate to the City Clerk
on or before July first (1st) of each year; and the City Clerk shall
register such certificate, which registration shall remain in force
until the June thirtieth (30th) next following said registration.
It shall be unlawful for the owner or keeper of any dog to permit
such animal to remain in the City of Seymour unless such certificate
has been procured.
[Code 1999 §205.025; CC 1979 §610.121; Ord. No. 204 §3, 6-7-1965; Ord. No. 209 §6, 2-7-1966]
A.
The
Chief of Police or other persons designated by the City, or under
contract with the City of Seymour, Missouri, to provide animal control,
shall have the power to catch, confine, and impound dogs and other
animals as follows:
1.
All female dogs not securely confined in an enclosed place while
in heat.
2.
All dogs or other animals affected with rabies and all dogs and other
animals suspected by him/her or such employee to be exposed to or
affected with rabies, including dogs or other animals known to have
been bitten by a rabid animal, whether such dog or other animal is
running at large or on a leash.
4.
All dogs found running at large within the City limits of the City
of Seymour, Missouri, shall be impounded as hereinafter provided.
[Code 1999 §205.028; CC 1979 §610.122; Ord. No. 209 §8, 2-7-1966]
It is unlawful for any person to conceal any animal or interfere
with the Chief of Police or persons designated by him/her in the performance
of his/her legal duties as provided in this Chapter. The Chief of
Police or persons designated by him/her shall have the right of entry
to any unenclosed lots or lands for the purpose of collecting any
stray. The Chief of Police or his/her duly appointed representative
shall have the right of entry to any property or premises within the
City of Seymour, Missouri, during the period that a quarantine order
has been issued by the Board of Aldermen, for the purpose of examining
or obtaining any dog suspected of having rabies or having been exposed
to rabies.
It shall be unlawful for the owner or keeper of any dog to permit the same to run at large within the City of Seymour at any time. Any dog found without having the vaccination certificate registered with the City Clerk as set out in Section 205.015, and any dog found running at large, shall be impounded.
The parent or guardian of a minor child is responsible for the
adequate care of any animal owned by, in the control of, or harbored
by that minor child.
A.
It
shall be unlawful to own, keep or harbor a vicious dog in the City
of Seymour except in accordance with the following provisions:
1.
Leash and muzzle. No person shall permit a vicious
dog to go outside its 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 vicious 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 or buildings. In addition, all vicious dogs on a leash
outside its kennel or pen must be muzzled by a muzzling device sufficient
to prevent such dog from biting persons or other animals.
2.
Confinement. All vicious 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 vicious dogs must be locked
with a key or combination lock when such dogs are within the structure.
Said 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. Also, such structures must be adequately
lighted and ventilated and kept in a clean and sanitary condition.
3.
Confinement indoors. No vicious dog may be kept
on a porch, patio or any part of a house or structure that would allow
the dog to exit such building on its own volition. In addition, no
such animal may be kept in a house or structure when the windows are
open or when screen windows or screen doors are the only obstacle
preventing the dog from exiting the structure.
4.
Signs. All owners, keepers or harborers of vicious
dogs within the City shall 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 dog.
[Code 1999 §205.060]
Any officer performing duties under this Chapter shall be compensated
from the City Treasury as provided from time to time by the Board
of Aldermen. Such officer shall account to the City for all sums collected
from owners or keepers under this Chapter and pay same into the City
Treasury. Costs of feeding and keeping dogs impounded shall be paid
from the City Treasury.
Every officer impounding a dog 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 City Hall of the
City a description of such dog, 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 before
disposition of such dog.
The owner or keeper of any dog 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 City for its costs in impounding such dog and keeping it impounded.
It shall be the duty of any officer impounding any dog under this Chapter to keep the same impounded for a period of seven (7) days, unless such dog shall be reclaimed by his/her owner or keeper under Section 205.070 of this Chapter. If, after the expiration of seven (7) days from the date of such impoundment, such dog 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.
[Ord. No. 763, 10-25-2018]
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 and horses.
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.
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.
