[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:
- ADEQUATE CARE
- 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.
- ADEQUATE CONTROL
- 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.
- ANIMAL SHELTER
- 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.
- FARM ANIMAL
- 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.
- HUMANE KILLING
- 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 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.
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.
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.
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:
The care and maintenance of neglected or abandoned animals within the person's custody or ownership;
The disposal of any dead or diseased animals within the person's custody or ownership;
The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and
The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.
A person is guilty of animal abuse when a person:
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.;
Purposely or intentionally causes injury or suffering to an animal; or
Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.
For purposes of this Section, "animal" shall be defined as a mammal.
[CC 1974 §4-74; Ord. No. 1290 §5, 11-19-1986]
The provisions of this Article shall not apply to:
Care or treatment performed by a licensed veterinarian within the provisions of Chapter 340, RSMo.;
Bona fide scientific experiments;
Hunting, fishing or trapping as allowed by Chapter 252, RSMo., including all practices and privileges as allowed under the Missouri Wildlife Code;
Facilities and publicly funded zoological parks currently in compliance with the Federal "Animal Welfare Act" as amended;
Rodeo practices currently accepted by the Professional Rodeo Cowboy's Association;
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;
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;
With respect to farm animals, normal or accepted practices of animal husbandry;
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;
The killing of house or garden pests; or
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.