[CC 1990 §210.010; Ord. No. 92.029 §210.010, 6-8-1992]
The following words when used in this Chapter, shall have the
meanings set out herein:
Shall be construed to mean any animal of the feline species,
both male and female.
Shall be construed and held to mean any animal of the canine
species, both male and female.
[CC 1990 §210.020; Ord. No. 92.029 §210.020, 6-8-1992]
No dog or cat above the age of four (4) months shall be permitted
to be and remain in the City of Desloge, unless such dog or cat shall
be vaccinated at least once each year with anti-rabies vaccine. An
impounded dog or cat will not be released until vaccinated with anti-rabies
vaccine.
[CC 1990 §210.030; Ord. No. 92.029 §210.030, 6-8-1992]
It shall hereafter be unlawful for any owner, keeper, or any
person having the care or control of a dog or cat to suffer or permit
said dog or cat to run at large within the corporate limits of the
City of Desloge, Missouri, and it shall be the duty of every owner
or person having the care and control of a dog or cat to keep the
same within a proper enclosure upon said owner's or persons' premises,
no dog or cat shall be allowed to run upon the property of another,
and no dog or cat shall be allowed to roam upon the streets or sidewalks
of the City of Desloge, Missouri, unless said dog or cat is securely
fastened to a leash or halter and the leash or halter held by some
person at all times.
[CC 1990 §210.040; Ord. No. 92.029 §210.040, 6-8-1992]
It shall be the duty of the Animal Control Warden, or his/her
designee, to take up and impound, in a suitable place to be designated
by the City Administrator, all dogs and cats running at large in the
limits of the City.
[CC 1990 §210.050; Ord. No. 92.029 §210.050, 6-8-1992]
When any dog or cat has been impounded, under the provisions
of the preceding Section, the Animal Control Warden, or his/her designee,
shall immediately advertise the impounding of such dog or cat by two
(2) posters giving the description of the dog or cat, stating the
date of capture and the date of impending execution, to be put up
in two (2) public and conspicuous places within the corporate limits
of the City of Desloge.
[CC 1990 §210.060; Ord. No. 92.029 §210.060, 6-8-1992; Ord. No. 95.023 §1, 11-13-1995; Ord. No. 2009.21 §1, 12-14-2009]
A.
Any
animal so taken up and impounded, as provided by this Chapter, may
be redeemed by the owner or the custodian thereof by paying to the
City Clerk or his/her designee a ten dollar ($10.00) impoundment fee.
An additional ten dollar ($10.00) animal maintenance fee for each
day the animal is impounded shall be paid. Verification shall be made
to the City Clerk or his/her designee that the impounded animal has
a current rabies vaccination at the time of redemption. Should the
impounded animal not have or if the owner cannot provide verification
of vaccination, the animal shall not be redeemed until a rabies vaccination
has been given by a qualified veterinarian. The cost of the vaccination
shall be added to the redemption fee and paid at the time of the redemption.
A reasonable effort shall be made to notify the owner or custodian
of any animal impounded.
B.
In
the event that any animal so impounded should not be redeemed by the
owner or custodian thereof within five (5) business days after impoundment,
any other person shall be entitled to adopt such animal. All animals
adopted shall be spayed or neutered and receive a rabies vaccination
at the adoptive owner's expense. Should the animal not be old enough
to receive this treatment, the adoptive owner shall sign a letter
of intent to comply once the animal has reached the appropriate age.
The City of Desloge Animal Control Officer shall verify that the above
requirements are met.
C.
If
an animal is impounded and an adoptive owner cannot be found within
three (3) business days after the initial five (5) day impoundment
period, the animal shall be humanely euthanized and disposed of by
a qualified veterinarian.
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.
B.
For
purposes of this Section, "animal" shall be defined
as a mammal.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
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.
[CC 1990 §210.080; Ord. No. 92.029 §210.080, 6-8-1992; Ord. No. 2012.01 §1, 1-9-2012]
No person or family shall have more than three (3) cats or more
than three (3) dogs which are over the age of six (6) months present
on their premises unless said person or family has a license to operate
a kennel under the Zoning Code of the City of Desloge.
[CC 1990 §210.100; Ord. No. 92.029 §210.100, 6-8-1992]
Duly authorized City personnel may destroy dogs in a pack consisting
of four (4) or more dogs, on sight, if said dogs are running at large.
[CC 1990 §210.110; Ord. No. 92.029 §210.110, 6-8-1992]
Any person violating the provisions of this Article shall be
deemed guilty of a misdemeanor and upon conviction shall be punished
by a fine of not less than five dollars ($5.00) nor more than five
hundred dollars ($500.00). Each day a violation continues shall be
deemed a separate offense.
