[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:
Any warm blooded carnivorous or omnivorous domestic, wild
or exotic animal.
A cat of either sex or one which has been neutered or spayed.
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.
Any person exercising control over an animal or providing
shelter to an animal on premises or controlled by said person.
All animals of the canine species, both male and female.
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.
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.
Any veterinarian duly licensed under the laws of this State.
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.
A dog is under "restraint":
No longer than thirty-one (31) days.
Any of the following animals:
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.
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.
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.
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.
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.
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.
