[CC 1992 §205.110; Ord. No. 457 §3, 10-11-1988; Ord. No. 1111 §2, 7-29-1999; Ord. No. 1427 §1, 7-15-2005]
For the purpose of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
ANIMAL
Any warm blooded carnivorous or omnivorous domestic, wild
or exotic animal.
CAT
A cat of either sex or one which has been neutered or spayed.
CITY POUND
Any agency or facility engaged in housing and keeping of
animals designated by the Board of Aldermen as an impoundment facility
for the City of Platte City, Missouri.
CUSTODY
Any person exercising control over an animal or providing
shelter to an animal on premises or controlled by said person.
DOG
All animals of the canine species, both male and female.
EXPOSED TO RABIES
When bitten by, or fought with, or has come in close contact
with a dog or other animal shown to be infected with the rabies virus
as determined by standard laboratory testing.
HUMANE OFFICER
Any person designated by the Board of Aldermen to perform
duties under this Chapter, including any person designated to perform
the duties of an Animal Control Officer pursuant to any agreement
with Platte County, Missouri, to provide animal control services.
OWNER
Any person owning or temporarily keeping or temporarily harboring
an animal in addition to its ordinary meaning, any person who keeps
or harbors an animal or professes to be owning, keeping, or harboring
an animal.
RESTRAINT
A dog is under "restraint":
1.
If unattended it is on the property of its owner and confined
to an area by a fence, chain or other device.
2.
A dog is under "restraint" if attended by the owner or keeper
and it is on a leash or similar device and under the owner's or keeper's
immediate and effective control.
VICIOUS ANIMAL
Any of the following animals:
1.
Any animal, 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.
2.
Any unrestrained animal, 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.
3.
Any unrestrained animal, whether or not running at large, that
without provocation has placed any person not a trespasser in apprehension
of immediate serious physical injury.
4.
Any animal that has killed another dog, cat or other domestic
animal without provocation.
[CC 1992 §205.010; R.O. 1979 §11.000]
No person shall keep or allow to be kept upon his/her premises
or under his/her control any dog or other animal that is an annoyance
or nuisance to any person or is vicious, fierce, dangerous or likely
to harm or injure any person or allow such dog or animal to run at
large in the City.
[CC 1992 §205.040; R.O. 1979 §11.030]
No person in this City shall maintain any place where fowls
or any animals are suffered to fight upon exhibition or for sport
on any wager.
[CC 1992 §205.120; R.O. 1979 §11.200; Ord. No. 1427 §1, 7-15-2005]
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 harm to the animal.
B. Doghouses
and kennels shall be soundly constructed, dry and provided in cold
weather with clean bedding.
C. 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.
D. 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.
E. 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.
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.