[CC 1974 §4-71; Ord. No. 1290 §2, 11-19-1986]
As used in this Article, the following terms shall have the
meanings respectively ascribed to them by this Section:
Normal and prudent attention to the needs of an animal, including
wholesome food, clean water, shelter and health care as necessary
to maintain good health in a specific species of animal.
To reasonably restrain or govern an animal so that the animal
does not injure itself, any person, any other animal or property.
Every living vertebrate except a human being.
A facility which is used to house or contain animals and
which is owned, operated or maintained by a duly incorporated humane
society, animal welfare society, society for the prevention of cruelty
to animals, or other not-for-profit organization devoted to the welfare,
protection and humane treatment of animals.
An animal raised on a farm or ranch and used or intended
for use in farm or ranch production, or as food or fiber.
To feed or shelter an animal at the same location for three
(3) or more consecutive days.
The destruction of an animal accomplished by a method approved
by the American Veterinary Medical Association's Panel on Euthanasia
(JAVMA 173; 59-72, 1978) or more recent editions, but animals killed
during the feeding of pet carnivores shall be considered humanely
killed.
In addition to its ordinary meaning, any person who keeps
or harbors an animal or professes to be owning, keeping or harboring
an animal.
Any individual, partnership, firm, joint stock company, corporation,
association, trust, estate or other legal entity.
Birds, rabbits or rodents which damage property or have an
adverse effect on the public health but shall not include any endangered
species listed by the United States Department of the Interior nor
any endangered species listed in the Wildlife Code of Missouri.
A.Â
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.Â
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.Â
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 three (3) months 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.Â
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.Â
The care and maintenance of neglected or abandoned animals within
the person's custody or ownership;
2.Â
The disposal of any dead or diseased animals within the person's
custody or ownership;
3.Â
The reduction of resulting organic debris affecting the immediate
area of the neglect or abandonment; and
4.Â
The avoidance or minimization of any public health risks created
by the neglect or abandonment of the animals.
A.Â
A person
is guilty of animal abuse when a person:
1.Â
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.Â
Purposely or intentionally causes injury or suffering to an animal;
or
3.Â
Having ownership or custody of an animal knowingly fails to provide
adequate care or adequate control.
B.Â
For
purposes of this Section, "animal" shall be defined
as a mammal.
[CC 1974 §4-74; Ord. No. 1290 §5, 11-19-1986]
A.Â
The
provisions of this Article shall not apply to:
1.Â
Care or treatment performed by a licensed veterinarian within the
provisions of Chapter 340, RSMo.;
2.Â
Bona fide scientific experiments;
3.Â
Hunting, fishing or trapping as allowed by Chapter 252, RSMo., including
all practices and privileges as allowed under the Missouri Wildlife
Code;
4.Â
Facilities and publicly funded zoological parks currently in compliance
with the Federal "Animal Welfare Act" as amended;
5.Â
Rodeo practices currently accepted by the Professional Rodeo Cowboy's
Association;
6.Â
The killing of an animal by the owner thereof, the agent of such
owner, or by a veterinarian at the request of the owner thereof;
7.Â
The lawful, humane killing of an animal by an Animal Control Officer,
the operator of an animal shelter, a veterinarian, or law enforcement
or health official;
8.Â
With respect to farm animals, normal or accepted practices of animal
husbandry;
9.Â
The killing of an animal by any person at any time if such animal
is outside of the owned or rented property of the owner or custodian
of such animal and the animal is injuring any person or farm animal
but shall not include Police or guard dogs while working;
10.Â
The killing of house or garden pests; or
11.Â
Field trials, training and hunting practices as accepted by Professional
Houndsmen of Missouri.
[Ord. No. 1860 §1, 2-12-2003]
A person commits the crime of killing or disabling a Police
animal when such person knowingly causes the death of a Police animal
or knowingly disables a Police animal to the extent it is unable to
be utilized as a Police animal, when that animal is involved in a
law enforcement investigation, apprehension, tracking or search and
rescue or the animal is in the custody of or under the control of
a Law Enforcement Officer, Department of Corrections Officer, Municipal
Police Department, Fire Department and a rescue unit or agency.
