[R.O. 2012 §210.010; CC 2007 §210.010; CC 1979 §73.010; Ord. No. 3895 §2, 3-12-1979]
It shall be unlawful for any person or persons firm, or corporation owning or having charge of any dog to permit same to run-at-large within the corporate limits of the City of Pierce City, Missouri.
[R.O. 2012 §210.020; CC 2007 §210.020; CC 1979 §73.020; Ord. No. 3895 §2, 3-12-1979]
The restriction imposed by Section 210.010 shall not prohibit the appearance of any dog upon the public ways or upon public property when such dog is on a leash and is kept under the control of the accompanying person.
[R.O. 2012 §210.030; CC 2007 §210.030; CC 1979 §73.030; Ord. No. 3895 §2, 3-12-1979]
Every natural person, firm, co-partnership, association or corporation who are residents or maintain offices in this City shall vaccinate for rabies annually, or as prescribed by a licensed veterinarian, all dogs housed and maintained by them within the corporate limits of this City which have reached an age of three (3) months and over. Any such person or entity above noted shall display proof of said vaccination by attaching a durable tag to the collar or harness placed around the dog's neck, said tag to show the year or applicable period of vaccination.
[R.O. 2012 §210.040; CC 2007 §210.040; CC 1979 §73.040; Ord. No. 4041 §2, 4-8-1985; Ord. No. 08-12 §1, 9-9-2008]
A. 
Any dog which is found running-at-large in this City shall be impounded by the Police Department of this City.
1. 
If the owner of the dog is known, they will be notified as soon as possible. The dog will be held twenty-four (24) hours at no charge, after twenty-four (24) hour period the impoundment fee will be ten dollars ($10.00) per day and a citation will be issued to appear in court and the impoundment fee will be included in the court costs. If the animal is not picked up within seven (7) days the holding facility personnel will transport the animal to the proper animal shelter.
2. 
If the owner of the dog is unknown and no one claims the dog within seven (7) days the holding facility personnel will transport the animal to the proper animal shelter.
3. 
If an owner appears to claim the dog within the seven (7) days they will be issued a citation to appear in court and included in the court costs will be the ten dollar ($10.00) per day impoundment fee.
[R.O. 2012 §210.050; CC 2007 §210.050; Ord. No. 99-3, 5-10-1999; Ord. No. 08-11 §1, 9-9-2008]
A. 
Any duly authorized public health official or law enforcement official may impound any animal found outside of the owned or rented property of the owner or custodian of such animal when such animal shows evidence or neglect or abuse. Any animal impounded pursuant to this Section shall be:
1. 
If the owner can be ascertained and the animal is not diseased or disabled beyond recovery for any useful purpose, held for recovery by the owner. The owner shall be notified as soon as possible of impoundment by phone or in person of the animal's location and recovery procedures. The animal shall be held for seven (7) days. An animal unclaimed after seven (7) days will be transported by holding facility personnel to the proper animal shelter.
2. 
Placed in the care or custody of a veterinarian or the appropriate animal control authority. The animal shall not be disposed of unless diseased or disabled beyond recovery for any useful purpose, until after expiration of a minimum of seven (7) days, during which time the public shall have clear access to inspect or recover the animal through time periods ordinarily accepted as usual business hours. After seven (7) days the animal will be transported by holding facility personnel to the proper animal shelter.
3. 
If diseased or disabled beyond recovery for any useful purpose as determined by a public health official, law enforcement official, or veterinarian shall be humanely killed.
B. 
The owner or custodian of an animal impounded pursuant to this Section shall be liable for reasonable costs for the care and maintenance of the animal. Any person incurring reasonable costs for the care and maintenance of such animal shall have a lien against such animal until the reasonable costs have been paid.
C. 
Any duly authorized public official or Law Enforcement Officer may seek a warrant from the appropriate court to enable him or her to enter private property in order to inspect, care for, or impound neglected or abused animals. All requests for such warrants shall be accompanied by an affidavit stating the probable cause to believe a violation of said ordinance has occurred. A person acting under the authority of a warrant shall:
1. 
Be given a disposition hearing before the court through which the warrant was issued, within thirty (30) days of the filing of request of the purpose of granting immediate disposition of the animals impounded.
a. 
Place impounded animals in the care or custody of a veterinarian, the appropriate animal control authority, or animal shelter. If no appropriate veterinarian, animal control authority, or animal shelter is available, the animal shall not be impounded unless it is diseased or disabled beyond recovery for any useful purpose;
b. 
Humanely kill any animal if it is determined by a licensed veterinarian that the animal is diseased or disabled beyond recovery for any useful purpose;
c. 
Not be liable for any necessary damage to property while acting under such warrant.
2. 
The owner or custodian or any person claiming an interest in any animal that has been impounded because of neglect or abuse may prevent disposition of the animal by posting bond or security in an amount sufficient to provide for the animal's care and keeping for at least thirty (30) days, inclusive of the date on which the animal was taken into custody. The authority taking custody of an animal shall give notice of the provisions of this Section by posting a copy of this Section at the place where the animal was taken into custody or by delivering it to a person residing on the property.
3. 
The owner or custodian of any animal humanely killed pursuant to this Section shall not be entitled to recover any damages related to nor the actual value of the animal if the animal was found by a licensed veterinarian to be diseased or disabled, or if the owner or custodian failed to post bond or security for the care, keeping and disposition of the animal after being notified of impoundment.
D. 
If a person is adjudicated guilty of the offense of animal neglect or animal abuse and the court having jurisdiction is satisfied that an animal owned or controlled by such person would in the future be subject to such neglect or abuse, such animal shall not be returned to or allowed to remain with such person, but its disposition shall be determined by the court.
[R.O. 2012 §210.060; CC 2007 §§210.060, 210.080; CC 1979 §§73.060, 73.080; Ord. No. 3895 §2, 3-12-1979]
A. 
It shall be unlawful for any person or above-named entity to interfere with the lawful performance of duty of any person or persons designated by this City to enforce the provisions of this Article.
B. 
It is unlawful for any unauthorized person to break open the pound or to attempt to do so, or to take or let out any dogs therefrom, or to take or attempt to take from any officer any dog taken up by him/her in compliance with this Chapter or in any matter whatever to interfere with or hinder such officer in the discharge of his/her duties under the provisions of this Article.
[R.O. 2012 §210.070; CC 2007 §210.070; CC 1979 §73.070; Ord. No. 3895 §2, 3-12-1979; Ord. No. 97-5 §§1 — 2, 8-28-1997]
A. 
No person shall own, keep, harbor or allow to be upon their premises any dangerous dog. A dog shall be considered dangerous by virtue of:
1. 
Having inflicted a severe or fatal injury on a human being whether on public or private property. "Severe injury" means any physical injury resulting directly from an animal's bite or strike which results in death, broken bones, lacerations requiring stitches or hospitalization. The victim receiving severe injuries must provide the Police Department a signed physician's statement documenting injury and treatment qualifying such as a sever injury or sign an authorization for release of such statement.
2. 
Having killed a domestic animal, livestock or poultry without provocation, while off the owner's property.
3. 
Being owned or harbored primarily or in part for the purpose of fighting; or any animal trained for fighting.
4. 
Having bitten in an aggressive manner a human being, without provocation, on public or private property other than the property of the owner.
5. 
Having bitten in an aggressive manner while on the owner's property, without provocation, a human being other than the owner or a member of the owner's family who normally resides at the place where the animal is kept.
6. 
When unprovoked, chases or approaches a person upon the streets, sidewalks, or any public grounds, or private property other than that of the owner, in a menacing fashion or apparent attitudes of attack, regardless of whether a person is injured by the animal.
7. 
Possessing a known propensity, tendency or disposition to attack unprovoked, in the opinion of a Police Officer to cause injury, or to otherwise threaten the safety of human beings or domestic animals.
B. 
A dog may be declared dangerous if:
1. 
A written complaint is signed by the individual attacked or their legal guardian, and
2. 
A conviction of the owner of the dangerous dog occurs in the Municipal Court of Pierce City.
C. 
Any dog having a dangerous complaint initiated against such animal shall be securely impounded at any approved location until determination of guilt occurs in the Municipal Court. The owner of such dog shall be responsible for all costs incurred per Section 210.040 of City Code while said animal is impounded. Any animal not reclaimed (if allowed) by its owner within three (3) days after judicial action is completed shall be disposed of pursuant to Sections 210.040 — 210.050.
D. 
Any person charged with a violation of this Section who, being duly notified, fails to appear in Municipal Court shall, upon order of the court, waive their right to redeem their dog. The dog shall be disposed of pursuant to Sections 210.040 — 210.050.
E. 
Upon final determination by the court that said dog is a dangerous dog, it shall no longer be kept in Pierce City.
F. 
Any dog that inflicts a severe or fatal injury on a human being on any public or private property may be deemed an imminent threat to the public and ordered humanely euthanized by the court.
G. 
No dog shall be declared dangerous pursuant to any part of this Section if the threat, injury or damage caused by such dog was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog or was tormenting, abusing, or assaulting the dog or has been observed or reported to have tormented, abused or assaulted the dog, or was committing or attempting to commit a crime. Nor shall any dog be declared dangerous if it was responding to pain or injury or was protecting itself, its kennel or offspring. Dogs utilized as part of a K-9 Police dog program by a Police official are exempted while performing duty.
H. 
Upon conviction of any person of a violation of this Section, the Municipal Judge may, in addition to the usual judgment upon conviction, order the City to forthwith take up and humanely euthanize such animal.
I. 
Upon conviction of any violation of this Section, a penalty of not less than fifty dollars ($50.00) and not over five hundred dollars ($500.00) and/or ninety (90) days in jail may be imposed in addition to any sanctions herein contained.
[R.O. 2012 §210.080; CC 2007 §210.090; CC 1979 §73.100; Ord. No. 3895 §2, 3-12-1979]
No person shall keep or harbor a dog which habitually barks or cries.
[R.O. 2012 §210.090; CC 2007 §210.100; CC 1979 §73.110; Ord. No. 3895 §2, 3-12-1979]
It shall be unlawful for any dog owner to permit his/her dog to damage any lawn, garden or other property not his/her own.
[R.O. 2012 §210.100; CC 2007 §210.110; CC 1979 §73.120; Ord. No. 3895 §2, 3-12-1979]
The Board of Aldermen is hereby authorized to employ an Animal Control Officer (ACO) to carry out the provisions of this Chapter upon terms satisfactory to said Board. The ACO will be hired with the advice of the Chief of Police and shall be under his/her operational control at all times.
[R.O. 2012 §210.110; CC 2007 §210.120; CC 1979 §73.130; Ord. No. 3895 §2, 3-12-1979]
No person shall maintain in this City a kennel where dogs are kept for sale or training without first securing a license from the City Clerk. The license fee shall be the same as that prescribed for retail merchants occupation tax in this City.
[R.O. 2012 §210.120; CC 2007 §210.130; CC 1979 §73.140; Ord. No. 3895 §2, 3-12-1979]
The Board of Aldermen is herewith authorized to appropriate and expend those sums by it deemed necessary to construct and maintain suitable pound facilities for the dogs impounded under the provisions of this Article.
[R.O. 2012 §210.130; CC 2007 §210.140; Ord. No. 08-12 §2, 9-9-2008]
No person shall keep any swine, this includes potbellied pigs, or goats within the corporate limits of this City.
[R.O. 2012 §210.140; CC 2007 §210.170]
Any person who shall keep or use, or in any way be connected with or interested in the management of, or shall receive money for the admission of any person to any place kept or used for the purpose of fighting or baiting any bull, bear, cock or other creature, except dogs, and any person who shall encourage, aid or assist or be present thereat, or who shall permit or suffer any place belonging to him/her or under his/her control to be so kept or used, shall, on conviction thereof, be guilty of an ordinance violation.
A. 
A person is guilty of animal neglect if he/she has custody or ownership or both of an animal and fails to provide adequate care.
B. 
A person is guilty of animal abandonment if he/she has knowingly abandoned an animal in any place without making provisions for its adequate care.
C. 
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 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 is guilty of animal abuse if 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 which results in substantial harm to the animal.
[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.
[1]
Note — Under certain circumstances this offense can be a felony under state law.
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.
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.
[R.O. 2012 §210.200; Ord. No. 08-5 §1, 8-11-2008]
A. 
It shall be an ordinance violation to harbor, within the City any wild animal.
B. 
"Wild animal", for the purposes of this Section, means all birds, mammals, marsupials, reptiles, fish, and other aquatic and amphibious forms, and all animals not designated as domestic under these Sections or presumed, under Missouri law, to be domestic animals, regardless of classification or origin, whether resident, migratory or imported, protected or unprotected, tamed or untamed; and shall extend to and include any and every part of any individual species of wildlife. By way of inclusion but not limitation, the term "wild animal" shall include the following species: lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguarundi, marsupial of any kind, buffalo, bison, deer, elk, peccary, javelina, razorback, hyena, wolf, coyote, bear, wolverine, badger, weasel, skunk, non-human primate, emu, ostrich, bird of any raptor species, alligator, crocodile, cayman, pit viper and any other animal, amphibian, fish or reptile of a species, not presumed under Missouri law to be domestic (ferae domesticans), which, at any age, is or can be deadly, poisonous or dangerous to humans. The term shall include all constrictor snakes similar in adult size to anacondas, pythons or boa constrictors, regardless of the age or size of the snake at the time the same is harbored. The term shall include crosses of wild and domestic animals such as wolf/dog crosses.
C. 
The term "harbor", for purposes of this Section, means to keep, maintain, bring within the City temporarily or permanently or within the City to control, knowingly cause or allow the same to remain on premises owned or controlled by the person charged, or to confine the same in any manner. The term "harbor" shall not include allowing native species of birds or small animals to enter or remain on premises of their own volition, so long as the same are not confined, lured or constrained in their freedom of movement in any manner. The term "lured" shall not include erecting birdhouses or setting out food for wild birds, rabbits, or squirrels.
D. 
Excepted from the prohibitions of this Section are the following, which may be otherwise characterized as "wild animals", so long as the same are kept securely within a dwelling house: aquarium fish, small animals or reptiles of a species that is not deadly, poisonous or dangerous at any age, and birds other than raptors.
[R.O. 2012 §210.210; Ord. No. 08-5 §2, 8-11-2008]
A. 
No person shall be allowed to erect or maintain any house, pen or place for the slaughter of any cattle, hogs, sheep or other animals, and no person shall slaughter any such cattle, hogs, sheep or other animals within the City.
B. 
Any person violating any provisions of this Section shall upon conviction be deemed guilty of committing a nuisance.
[R.O. 2012 §210.220; Ord. No. 12-6 §§2 — 8, 10-8-2012]
A. 
Definitions. For purposes of this Section, the following definitions shall apply:
LIVESTOCK
Domesticated animals including alpaca, bison, camel, cattle, deer, donkey, horse, llama and mule.
PROPERLY CONSTRUCTED FENCE
A fence constructed in such a way that restricts and prevents movement of the animals contained within to an area outside the fence.
WATERFOWL
All members of the family Anatidae including, but not limited to, ducks, geese and swans.
WILDLIFE
All non-domesticated animals.
B. 
Restriction Of Certain Animals. No person shall keep or cause to be kept within the corporate limits of the City of Pierce City any hog, swine, goat or kid, sheep or lamb or wildlife.
C. 
No Animals At Large. No person owning any livestock, chickens, guineas, turkeys, pigeons or waterfowl shall allow or permit the same to run at large, except on premises owned or controlled by such person.
D. 
Limitation On Number Of Livestock. Each residence household shall be limited to two (2) cows or calves per acre of property with a properly constructed fence. If there is no residence on the lot, the owners of land shall be limited to two (2) cows, calves, horses or colts per acre of property within a properly constructed fence.
E. 
Limitation On Number Of Waterfowl And Birds. Each residence household shall be limited to ten (10) hens and one (1) rooster per residence so long as they are contained within a properly constructed fence. If there is no residence on the lot, the owners of land shall be limited to ten (10) hens and one (1) rooster per acre so long as they are contained within a properly constructed fence.
F. 
Geographical Restriction. No person shall keep or cause to be kept any livestock, chickens, guineas, turkeys, pigeons or waterfowl in a fence which is less than fifty (50) feet from any church or school, nor shall any person permit the accumulation of manure within such fence.
G. 
Penalties For Violation. All persons violating the provisions of this Section shall be guilty of an ordinance violation and punished by a fine not less than twenty-five dollars ($25.00) and not more than five hundred dollars ($500.00).