[Ord. No. 07-08-01 §1, 8-14-2007]
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 or command has bitten or attacked
any person not a trespasser causing serious physical injury to that
person.
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.
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.
Any dog that has killed another dog, cat or other domestic animal
without provocation off the owner's or possessor's property.
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.
[Ord. No. 07-08-01 §1, 8-14-2007; Ord. No. 115 §2, 11-10-2015; Ord. No. 175, 6-25-2019]
A.
Any
dog, cat, or animal 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 fifty dollars and fifty cents ($50.50)
for the first offense and one hundred dollars and fifty cents ($100.50)
for each subsequent offense. Owners may also be charged any expense
the City may incur by the apprehension of any such animal.
B.
The owner of any chicken hen(s) 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 fifty dollars and fifty cents ($50.50) for the first offense and one hundred dollars and fifty cents ($100.50) for each subsequent 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:
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.
[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 conviction thereof,
the violator shall pay a fine not exceeding fifty dollars and fifty
cents ($50.50).
[Ord. No. 182, 9-24-2019]
[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.
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.
