The following words, when used in this Chapter, shall have the
meanings set out herein:
All animals of the canine or feline species, both male and
female.
Any person having a right of property in a dog or cat, or
who keeps or harbors a dog or cat, or who has it in his/her care,
or acts as its custodian, or who knowingly permits a dog or cat to
remain on or about any premises owned or occupied by him/her.
Allowing a dog or cat to be off the private premises of the
owner or keeper, or his/her agent or servant, and not on a leash or
confined to the arms, motor vehicle, trailer or other conveyance of
the owner or keeper, his/her agent or servant.
Physical injury that creates a substantial risk of death
or that causes serious disfigurement or protracted loss or impairment
of the function of any part of the body.
A person upon the premises of the owner or keeper of the
dog in question without license or privilege to be upon said premises.
Any dog running at large or a dog on the premises of its
owner or keeper but not confined to said premises by a leash, fence,
structure or other means that would prevent the dog from leaving such
premises.
Any of the following dogs:
Any dog, 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 dog, 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 dog, whether or not running at large, that
without provocation has placed any person not a trespasser in apprehension
of immediate serious physical injury.
Any dog that has killed another dog, cat or other domestic animal
without provocation.
It shall be unlawful for the owner or keeper of any dog or cat
to permit the same to run at large within the Village of Indian Point
at any time. Any dog or cat found running at large, shall be impounded.
The parent or guardian of a minor child is responsible for the
adequate care of any animal owned by, in the control of, or harbored
by that minor child.
A.
It shall be unlawful to own, keep or harbor a vicious dog in the
Village of Indian Point except in accordance with the following provisions:
1.
Leash and muzzle. No person shall permit a
vicious dog to go outside its kennel or pen unless such dog is securely
leashed with a leash no longer than four (4) feet in length. No person
shall permit a vicious dog to be kept on a chain, rope or other type
of leash outside its kennel or pen unless a person is in physical
control of the leash. Such dogs may not be leashed to inanimate objects
such as trees, posts or buildings. In addition, any vicious dog on
a leash outside its kennel or pen must be muzzled by a muzzling device
sufficient to prevent such dog from biting persons or other animals.
2.
Confinement. All vicious dogs shall be securely
confined indoors or in a securely enclosed and locked pen or kennel,
except when leashed and muzzled as above provided. Such pen, kennel
or structure must have secure sides and a secure top attached to the
sides. All structures used to confine vicious dogs must be locked
with a key or combination lock when such dogs are within the structure.
Said structure must have a secure bottom or floor attached to the
sides of the pen or the sides of the pen must be imbedded in the ground
no less than two (2) feet. Also, such structures must be adequately
lighted and ventilated and kept in a clean and sanitary condition.
3.
Confinement indoors. No vicious dog may be
kept on a porch, patio or any part of a house or structure that would
allow the dog to exit such building on its own volition. In addition,
no such animal may be kept in a house or structure when the windows
are open or when screen windows or screen doors are the only obstacle
preventing the dog from exiting the structure.
4.
Signs. All owners, keepers or harborers of
vicious dogs within the Village shall display in a prominent place
on their premises a sign easily readable by the public using the words
BEWARE OF DOG. In addition, a similar sign is required to be posted
on the kennel or pen of such dog.
It shall be the duty of the Chief of Police, the Village Police, and any other person of the Village of Indian Point, especially designated by the Board of Trustees and the Chairman for such purpose, to take up any dog or cat running at large, or any vicious dog in violation of Section 205.040 above and to impound the same. In effecting the capture of any dog or cat, the officers aforesaid are authorized and directed to use traps, nets, tranquilizer guns or any other humane method.
Every officer impounding a dog or cat under this Chapter shall,
within twenty-four (24) hours after such impounding, enter upon a
registry open to the public and in plain public view at the Village
Hall of the Village, a description of such dog or cat, including breed,
color and approximate size, and the date apprehended, and if the owner
or keeper is known, the name and address of such owner or keeper;
or the owner or keeper shall be given actual notice of the impoundment
of such dog or cat before disposition of such dog or cat.
The owner or keeper of any dog or cat impounded under this Chapter
shall pay to the Chief of Police, Police Officer, or other official
especially designated to receive the same, a sum sufficient to reimburse
the Village for its costs in impounding such dog or cat and keeping
it impounded.
It shall be the duty of any officer impounding any dog or cat under this Chapter to keep the same impounded for a period of seven (7) days, unless such dog or cat shall be reclaimed by his/her owner or keeper under Section 205.070 of this Chapter. If, after the expiration of seven (7) days from the date of such impoundment, such dog or cat shall not have been reclaimed, the same shall be disposed of or destroyed in a humane manner.
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.
Animal neglect or animal abandonment are ordinance violations. For
a first 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 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 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. This Section shall not apply
to the provisions of Section 578.007 or Sections 272.010 to 272.370,
RSMo.
D.
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.
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 Village, the Chairman
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 Village, 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 Village; and in the absence of such paper, shall be posted
as in case of sales of personal property. The Chairman is authorized
by proclamation, to terminate any such quarantine whenever, in his/her
judgment, the necessity for it no longer exists.
No person may keep any lion, tiger, leopard, ocelot, jaguar,
cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena,
wolf, bear, non-human primate, coyote, any deadly, dangerous, or poisonous
reptile, or any deadly or dangerous reptile over eight (8) feet long,
in any place other than a properly maintained zoological park, circus,
scientific or educational institution, research laboratory, veterinary
hospital, or animal refuge.
[Ord. No. 90-1 §1, 5-8-1990]
No person shall own, keep or harbor upon his premises any dog
that by loud or frequent or habitual barking, yelping or howling;
or by threat of attacking or biting, causes fear or annoyance to the
neighborhood; or to persons passing upon the streets or sidewalks.
