City of Fair Grove, MO
Greene County
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Table of Contents
Table of Contents
[Ord. No. 07-08-01 §1, 8-14-2007]
The following words, when used in this Chapter, shall have the meanings set out herein:
DOGS OR CATS
All animals of the canine or feline species, both male and female.
OWNER OR KEEPER
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.
RUNNING AT LARGE
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.
SERIOUS PHYSICAL INJURY
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.
TRESPASSER
A person upon the premises of the owner or keeper of the dog in question without license or privilege to be upon said premises.
UNRESTRAINED DOG
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.
VICIOUS DOG
Any of the following dogs:
1. 
Any dog, whether or not running at large and whether or not unrestrained, that without provocation or command has bitten or attacked any person not a trespasser causing serious physical injury to that person.
2. 
Any unrestrained dog, whether or not running at large, that without provocation or command has attempted to bite or attack any person not a trespasser which would cause serious physical injury to that person.
3. 
Any unrestrained dog, whether or not running at large, that without provocation or command has placed any person not a trespasser in apprehension of immediate serious physical injury by growling, lunging, chasing an individual or bicyclist.
4. 
Any dog that has killed another dog, cat or other domestic animal without provocation off the owner's or possessor's property.
5. 
No dog shall be defined or considered vicious if the dog is working for a law enforcement agency or any Law Enforcement Officer in the performance of law enforcement work or is protecting its owner or possessor's person or premises from someone committing a crime. No dog shall be defined or considered vicious because of its breed.
[Ord. No. 07-08-01 §1, 8-14-2007]
The owner or keeper of any dog or cat in the City of Fair Grove 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. The City Clerk shall issue a tag evidencing the registration and certificate of vaccination, and the owner or keeper shall securely attach the tag issued to a collar to be worn continuously by the animal for which the tag was issued. It shall be unlawful for the owner or keeper of any dog or cat to permit such animal to remain in the City of Fair Grove unless wearing the tag above provided for herein. The owner or keeper of any dog or cat will be responsible that such dog or cat is kept up-to-date on all vaccinations.
[Ord. No. 07-08-01 §1, 8-14-2007]
A. 
It shall be unlawful for any person or persons, firm or corporation owning or having charge of any dog or cat to permit same to run at large within the corporate limits of the City.
B. 
The restriction imposed by the above restriction shall not prohibit the appearance of any dog or cat upon the public ways or upon public property when such dog or cat is on a leash and is kept under the control of the accompanying person.
C. 
It shall be unlawful for any person or persons owning chicken hens or having charge of any chicken hen to permit same to roam free outside a confinement in accordance with Chapter 405, Article VI, Section 405.370, within the corporate limits of the City.
[Ord. No. 115 §1, 11-10-2015]
[Ord. No. 07-08-01 §1, 8-14-2007; Ord. No. 115 §2, 11-10-2015]
A. 
Any dog or cat which is found running at large in this City may be apprehended by Chief of Police, City Police, and any other person of the City of Fair Grove especially designated by the Board of Aldermen and/or Mayor for such purpose. The owner, if known, may be given a citation which has a fine of twenty-five dollars ($25.00) for the first (1st) offense and forty dollars ($40.00) for each additional offense. Owners may also be charged any expense the City may incur by the apprehension of any such dog or cat.
B. 
The owner of any chicken hen or hens found roaming free outside a confinement in accordance with Chapter 405, Article VI, Section 405.370, may be given a citation which has a fine of twenty-five dollars ($25.00) for the first offense and forty dollars ($40.00) for each additional offense.
[Ord. No. 07-08-01 §1, 8-14-2007]
A. 
It shall be unlawful to own, keep or harbor a vicious dog in the City of Fair Grove 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 with a minimum tensile strength of three hundred (300) pounds and a person has physical control of the leash. 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, but will also not cause injury to the dog or interfere with its vision or respiration.
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 in letters at least five (5) inches high using the words "Beware of Dog". In addition, a similar sign is required to be posted on the kennel or pen of such dog.
[Ord. No. 07-08-01 §1, 8-14-2007]
A. 
It shall be the duty of the Chief of Police, the City Police, and any other person of the City of Fair Grove especially designated by the Board of Aldermen and/or Mayor for such purpose to apprehend:
1. 
Any dog or cat without the tag provided in Section 205.020,
2. 
Any dog or cat running at large, or
3. 
Any vicious dog in violation of Section 205.050 above.
B. 
In effecting the capture of any dog or cat, the officers or designated persons aforesaid are authorized and directed to use traps, nets, tranquilizer guns or any other humane method. Any dog or cat found in violation of this Chapter may be impounded and placed in an animal shelter as authorized by an officer to impound said animal.
[Ord. No. 07-08-01 §1, 8-14-2007]
A. 
The Police Department of this City shall give notice of the apprehension and impoundment of any dog or cat to the owner of such dog or cat if the owner is known to the department. In the event the owner is unknown or cannot be reasonably ascertained, the Police Department shall post notice of apprehension at City Hall to the effect that if the dog or cat is not reclaimed within one (1) week from the time of its impoundment, it will be disposed of by any humane means deemed appropriate by the animal care facility designated by Board of Aldermen and Mayor. The notice should include description of such dog or cat, including breed, color and approximate size, and the date apprehended.
B. 
Any dog or cat impounded pursuant to Section 205.060 may be redeemed by its owner or possessor at the animal shelter during normal business hours provided the owner or possessor thereof proves to the satisfaction of the approved animal care facility that he or she has complied with the provisions of this Chapter and paid all impoundment fees.
[Ord. No. 07-08-01 §1, 8-14-2007]
The owner or possessor of any dog or cat impounded under this Chapter shall pay to the City Official especially designated to receive the same a sum sufficient to reimburse the City for its costs to apprehend and impound such dog or cat. No owner or possessor shall be relieved of liability for payment of an impoundment charge incurred by virtue of an animal being euthanized as provided herein.
[Ord. No. 07-08-01 §1, 8-14-2007]
It shall be unlawful for any person, firm, association, partnership or corporation to interfere with the lawful performance of duty of any person or persons designated by this City to enforce the provisions of this Chapter.
[Ord. No. 07-08-01 §1, 8-14-2007]
A. 
Any dog or cat that has inflicted a bite upon any individual shall be confined for a period of at least ten (10) days following said bite in order to determine whether said dog or cat is afflicted with rabies or hydrophobia. Said dog or cat may be confined by the owner or possessor of said animal at the discretion of the Chief of Police of the City or said animal may be confined to a facility designated by the Board of Aldermen and Mayor.
B. 
If any dog or cat has been found to have inflicted a bite upon two (2) or more persons, said dog or cat may be destroyed. For purposes of this Section, an affidavit or statement from any responsible person or from a Law Enforcement Officer shall be filed with the Municipal Judge who shall conduct a hearing or inquiry as to the facts. Upon an affirmative resolution of the facts by the Municipal Judge, the animal in question may be destroyed, after ten (10) days have first elapsed in order to provide an appropriate time during which appeal or extraordinary judicial remedy may be sought.
[Ord. No. 07-08-01 §1, 8-14-2007]
No person, firm, association, partnership or corporation shall keep or harbor a dog which habitually barks, howls or cries or a cat which habitually meows or cries. After a person, firm, association, partnership or corporation has been found guilty of same three (3) times, said person, firm, association, partnership or corporation will have twenty-four (24) hours from the time the third (3rd) conviction is final to remove said cat or dog outside the City. If said dog or cat is not removed within the twenty-four (24) hour period, the Chief of Police, City Police, or other person under the authority of the Police Department may remove said animal and take to an animal care facility.
[Ord. No. 07-08-01 §1, 8-14-2007]
A. 
Every person who owns or possesses any dog or cat shall take reasonable and necessary steps and precautions to protect other people, property and animals from injuries or damage which might result from their dog's behavior, regardless of whether such behavior is motivated by mischievousness, playfulness or ferocity. In the event that the owner or possessor of any dog or cat is a minor, the parent(s) or guardian(s) of such minor shall be responsible for ensuring compliance with the provision of this Chapter.
B. 
It shall be unlawful for any dog or cat owner to permit his/her dog or cat to damage any lawn, garden or other property which is not his/her own.
[Ord. No. 07-08-01 §1, 8-14-2007]
The Board of Aldermen is herewith authorized to appropriate and expend those sums that it deems necessary to finance the reasonable cost incurred in apprehension and impounding dogs or cats and to construct, lease, maintain or contract with the Humane Society, another governmental authority or a private contractor suitable pound facilities for the dogs and cats impounded under the provisions of this Chapter.
[Ord. No. 07-08-01 §1, 8-14-2007]
Any person, firm, association, partnership or corporation keeping or maintaining a dog or cat shall keep kennels, pens or yards in which such animal is kept or maintained in a clean and sanitary condition so same will not emit foul or disagreeable odors and shall not permit any concentration of offal. The enclosure shall be large enough to humanely accommodate such animal. The animal shall have housing and daily food and water. If any person, firm, association, partnership or corporation violates said provision and an affidavit is filed by the Police Department or complainant, the Police Department will investigate said complaint and, if need be, a citation will be issued.
[1]
Cross Reference — As to animal neglect and abandonment, §205.180.
[Ord. No. 07-08-01 §1, 8-14-2007]
A. 
No person shall keep any pet or pets in any pen on property owned or controlled by him/her, the exterior boundary of which pen is closer than twenty-five (25) feet at the nearest point to the dwelling of another, a church, school or place of business of another.
B. 
The word "pen" shall not include completely or substantially enclosed rear or front yards.
[Ord. No. 07-08-01 §1, 8-14-2007]
A. 
The fee for annual City dog and cat licenses shall be two dollars ($2.00) per dog and/or cat over the age of six (6) months. Such fee shall be payable to the City Clerk annually. Fees being due December thirty-first (31st) and each year thereafter.
B. 
It is a violation for any person, firm, association, partnership or corporation to violate any provision of this Section. Upon first (1st) conviction thereof, the violator shall pay a fine not exceeding twenty-five dollars ($25.00); upon conviction of a second (2nd) violation, a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00); and upon conviction of a third (3rd) violation, said violator shall pay a fine of not less than fifty dollars ($50.00) and not more than one hundred dollars ($100.00).
[Ord. No. 07-08-01 §1, 8-14-2007]
No person shall at any time keep, harbor or own as pets more than a total of four (4) cats and dogs per dwelling unit over the age of six (6) months, or a combination thereof.
A. 
A person commits the offense of animal neglect if he or she:
1. 
Has custody or ownership of an animal and fails to provide adequate care; or
2. 
Knowingly abandons an animal in any place without making provisions for its adequate care.
B. 
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. 
In addition to any other penalty imposed by this 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. 
The care and maintenance of neglected 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; and
4. 
The avoidance or minimization of any public health risks created by the neglect of the animals.
A. 
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. 
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. 
A person commits the offense of animal abuse if he or she:
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 which results in substantial harm to the animal.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
[Ord. No. 07-08-01 §1, 8-14-2007]
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.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
[Ord. No. 07-08-01 §1, 8-14-2007]
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.
[Ord. No. 07-08-01 §1, 8-14-2007]
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.
[Ord. No. 07-08-01 §1, 8-14-2007]
No person shall keep any lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarondi, 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.