City of Buckner, MO
Jackson County
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Table of Contents
Table of Contents
[R.O. 2003 §205.010; Ord. No. 400 §73.010, 6-3-1982]
It shall be unlawful for any person to own, keep or harbor any dog or cat over six (6) months of age within the corporate limits of the City of Buckner without registering such dog or cat and paying a yearly license tax thereon, as hereinafter provided.
[R.O. 2003 §205.020; Ord. No. 400 §73.020, 6-3-1982; Ord. No. 1109, 5-5-2011]
Any person, firm or corporation owning, keeping or harboring any dog or cat or dogs or cats over the age of six (6) months within the corporate limits of Buckner shall pay an annual license tax as follows: ten dollars ($10) for each male or female dog or cat, or fifty dollars ($50) each for a lifetime license.
[R.O. 2003 §205.030; Ord. No. 400 §73.030, 6-3-1982]
The license tax hereinbefore provided shall be for the calendar year and shall become due on January 1, and each January 1 thereafter.
[R.O. 2003 §205.040; Ord. No. 400 §73.040, 6-3-1982; Ord. No. 778 §2, 9-6-2007]
The owning, harboring or keeping of dogs or cats over six (6) months of age in excess of a total of four (4) (any combination that adds up to a total of four (4) dogs and/or cats) upon any property in the City of Buckner shall be deemed a nuisance per se; provided, that the owner or keeper may secure from and at the discretion of the governing body, a permit to keep or harbor dogs or cats in excess of a total of four (4) (any combination that adds up to a total of four (4) dogs and/or cats) upon adequately showing that the premises are so situated and that special circumstances exist which would not constitute a nuisance to the neighborhood.
[R.O. 2003 §205.050; Ord. No. 400 §73.050, 6-3-1982]
The owner or harborer of any dog or cat over the age of six (6) months in the City shall cause such dog or cat to be registered with the City Clerk. It shall be the duty of the City Clerk, upon receipt of the license tax hereinbefore required, to keep in a book suitable for the registration of dogs or cats, the registration and the amount paid therefor and shall deliver to the owner or keeper of such dog or cat a receipt in writing, stating that such person has registered such dog or cat and the number of which he is registered, and shall also deliver to the owner or keeper of such dog or cat a metallic tag with the letters and/or registration number marked or stamped thereon; which shall be by the owner or keeper attached to the collar to be used on said dog or cat so registered.
[R.O. 2003 §205.060; Ord. No. 400 §73.060, 6-3-1982; Ord. No. 1109, 5-5-2011]
When it shall be made to appear to the City Clerk that any tag has become lost, he shall, upon presentation of the certificate, issue another tag for a fee of one dollar ($1).
[R.O. 2003 §205.070; Ord. No. 400 §73.070, 6-3-1982]
It shall be unlawful for any person to take off or remove the City license tag from any dog or cat belonging to another, or remove the strap or collar on which the same is fastened.
[R.O. 2003 §205.080; Ord. No. 400 §73.080, 6-3-1982; Ord. No. 1250, 9-6-2012]
A. 
Any person making application for a license for a dog or cat shall be required to present to the Police Clerk at the time of making such application a certificate issued by a licensed veterinarian showing that such dog or cat has been vaccinated with a recognized anti-rabies vaccine and showing that the vaccination so administered to such dog or cat was administered within the twelve (12) months immediately prior to the date the application is made.
B. 
It shall be unlawful for any person, owner, or harborer of any dog or cat six (6) months of age or older, to fail to obtain and provide proof of valid and current rabies vaccinations for said animal(s).
C. 
Any person found guilty of any provision of this Section shall be deemed guilty of an ordinance violation and shall be subject to a fine of up to five hundred dollars ($500.00) and/or to incarceration for a term not to exceed ninety (90) days.
[R.O. 2003 §205.090; Ord. No. 400 §73.090, 6-3-1982]
Any person who shall allow any dog or cat to habitually remain or to lodge or to be fed within his home, store, yard, enclosure or place, shall be deemed and considered as "keeping and harboring" said dog or cat within the meaning of this Article.
[R.O. 2003 §205.100; Ord. No. 400 §73.110, 6-3-1982]
It shall be unlawful for any person owning, keeping or harboring any dog or cat to permit, suffer or allow said dog or cat to run at large within the City. For the purpose of this Section, any dog or cat shall be deemed to have been permitted, suffered or allowed by its owner, keeper or harborer to run at large if not effectively, physically restrained on a chain or leash, or behind a suitable fence or other proper method of physical restraint from which it cannot escape.
[R.O. 2003 §205.110; Ord. No. 400 §73.115, 6-3-1982]
As used in this article, the following terms shall have the meanings indicated:
OWNER
The person having the right of property or custody of a dog or cat or who keeps or harbors a dog or cat or knowingly permits a dog or cat to remain on or about any premises occupied by that person.
[R.O. 2003 §205.120; Ord. No. 400 §73.120, 6-3-1982; Ord. No. 528 §205.120, 2-2-1995]
Wherever any dogs or cats shall be found running at large within the City limits of Buckner, such dog or cat may be taken up by the Animal Control Officer or by any other agency designated by the City of Buckner, Missouri, and such animal shall be held for a period of not less than five (5) business days, which must include at least one (1) full Saturday, at a shelter provided for such purposes, and if within said five (5) business days the owner of any animal so held shall present to the person in charge of such shelter house a reclamation deposit receipt from the City Clerk, such animal shall be delivered to the owner. If not so claimed and after notice, if possible, as below provided, the animal shall become the property of the designated agency to be disposed of in some humane manner or placed in a good home under the agency's regulations.
[R.O. 2003 §205.130; Ord. No. 400 §73.130, 6-3-1982]
Notice of pickup shall immediately be made, if possible, by the City to the owner or keeper of the dog or cat as shown by the licensing records of the City. Failure to receive such notice shall not prevent the City or its authorized agency to carry out the provisions of this Article.
[R.O. 2003 §205.140; Ord. No. 400 §73.140, 6-3-1982]
It shall be unlawful to keep or harbor any female dog or cat within the City of Buckner during such time as she is in heat, whether or not she has a tag, unless such person shall keep such dog or cat inside the buildings located upon the owner's premises, and should the owner or keeper fail to do so, then the City may take up said female dog or cat and impound her and dispose of her unless otherwise reclaimed, in the manner as provided in Section 205.120.
[R.O. 2003 §205.150; Ord. No. 400 §73.150, 6-3-1982; Ord. No. 630 §1, 9-7-2000]
A. 
Vicious Dogs And Cats. It shall be unlawful for any person within the City to keep, own or harbor any cross or vicious dog or cat, unless such person shall keep such dog or cat securely fastened and tied or muzzled so that he cannot reach any person or animal to do damage or injury and shall keep said dog or cat in an enclosure securely fenced so that said dog or cat cannot escape therefrom; provided, that if any such vicious dog or cat is not so muzzled, fastened, tied or fenced, the City may take up the dog or cat and impound it and dispose of it, unless otherwise reclaimed, in the manner as provided in Section 205.120.[1]
[1]
Editor's Note: Former Subsection (B), Keeping of Pit Bull Dogs Prohibited, was repealed 9-16-2016 by Ord. No. 988.
[R.O. 2003 §205.160; Ord. No. 400 §73.160, 6-3-1982]
It shall be unlawful for the owner of any animal or any person harboring a dog or cat when notified that such animal has bitten any person or has so injured any person as to cause an abrasion of the skin, to sell or give away such animal or to permit or allow such animal to be taken beyond the limits of the City for a period of not less than fifteen (15) days after date that such animal has so bitten or injured any person, except under the care of a licensed veterinarian. It shall be the duty of such owner or keeper, upon receiving notice of the bite or injury aforesaid, to immediately place such dog or cat in a licensed veterinarian hospital or kennel, where such animal shall be confined for a period of not less than ten (10) days and such owner or person keeping or harboring such dog or cat shall notify the City Clerk of the name and location of said veterinarian hospital or kennel and the date that said animal was confined.
[R.O. 2003 §205.170; Ord. No. 400 §73.180, 6-3-1982]
A. 
No person shall own, harbor, or keep any animal which by making excessive noise disturbs a neighborhood. The following definitions and conditions shall be specially applicable to enforcement of the aforesaid prohibition of this Section:
1. 
The phrase "excessive noise" shall mean and include any noise produced by an animal which is so loud and continuous or untimely as to disturb peace of a neighbor.
2. 
The term "neighbor" shall mean an individual residing in a residence structure which is within one hundred (100) yards of the property on which the animal is kept or harbored and who does in writing state that he will testify under oath to said animal making excessive noise.
3. 
If a general ordinance summons is issued charging violation of this Section, a subpoena shall also be issued to the disturbed neighbor to testify in the matter.
[R.O. 2003 §205.180; Ord. No. 485 §73.190, 8-1-1991; Ord. No. 1109, 5-5-2011]
A. 
There shall be established the following fees relating to the pickup, impoundment, daily care/boarding and the euthanizing of dogs and cats:
Prices effective May 5, 2011:
Daily Care/Boarding Fee
$20
Euthanasia Fee
$50
B. 
Prior to the release of an impounded dog or cat, the City Clerk shall collect all applicable fees and license fee plus a twenty-five dollar ($25.00) deposit. The twenty-five dollar ($25.00) deposit shall be refunded upon proof of compliance with Section 205.020 and 205.080.
C. 
Failure to exhibit proof of compliance with said Sections within ten (10) days following release of the impounded dog or cat will result in the deposit being retained by the City as an administrative fee and subject the dog or cat to a subsequent impoundment.
[R.O. 2003 §205.190; Ord. No. 400 §73.200, 6-3-1982]
When a dog or cat has been impounded for a third time in any one (1) year, a fee of twenty dollars ($20.00) will be charged in addition to all fees provided in Section 205.180.
[R.O. 2003 §205.200; Ord. No. 400 §73.210, 6-3-1982]
A dog or cat shall be considered a nuisance if it: damages, soils, defiles or defecates on private property other than the owner's or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner; causes unsanitary, dangerous, or offensive conditions; causes a disturbance by excessive barking or other noise making; or chases vehicles, or molests, attacks, or interferes with persons or other domestic animals on public property.
[R.O. 2003 §205.210; Ord. No. 400 §73.220, 6-3-1982]
In addition to members of the Police Department, the Animal Control Officer of the City shall have the power to enforce the provisions of this Chapter, including, but in no way limited to, the powers to issue notice of violation of the provisions of this Chapter and, as far as permissible under the laws of the State and ordinances of the City, to enter upon private property after observing any violation of the provisions of this Chapter for the purpose of enforcement hereof.
[Ord. No. 1110 §2, 5-5-2011]
A. 
It shall be unlawful for any owner or keeper to abandon any animal.
B. 
For the purpose of this Section, the term "to abandon" includes but is not limited to: any instance where the owner or keeper leaves an animal without demonstrated or apparent intent to recover or to resume custody; or leaves an animal for more than twelve (12) hours without providing for adequate food, water and shelter for the duration of the absence; or turns out or releases an animal; or dumps or releases an animal from a vehicle.
C. 
For the purpose of this Section, the term "to abandon" includes the failure to redeem an impounded animal from the Police Department prior to the expiration of the time limits established for the disposition of animals (ten (10) days). The provisions this Subsection shall not apply to any failure to redeem an animal that has, prior to the expiration of the time limits established for the disposition of animals, been destroyed, or not been redeemed to the owner or keeper because of a refusal by the Chief of Police or his or her designee to redeem.
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.
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.
[R.O. 2003 §205.250; C.C. 1979 §73.440]
No person in the City shall maintain any place where fowl or animals are suffered to fight upon exhibition or for sport or upon any wager.
[R.O. 2003 §205.260]
A. 
The entire area embraced within the corporate limits of the City be, and the same is hereby designated as a bird sanctuary.
B. 
It shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or to rob bird nests or wild fowl nests. Provided, however, if starlings or similar birds are found to be congregated in such numbers in a particular locality that they constitute a nuisance or menace to health or property in the opinion of the proper health authorities of the City, then in such event said health authorities may approve the trapping, hunting or shooting of such birds.
[R.O.2003 §205.270; C.C. 1979 §73.470]
No person or persons shall permit any geese, ducks, chickens, turkeys and all other domestic fowls, to run at large. The owner or owners, keeper or possessors of same shall keep such fowls, geese, ducks, chickens, and turkeys on the premises of such owner, keeper or possessor of same.
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 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.
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.
[Ord. No. 1110 §1, 5-5-2011]
A. 
The keeping or harboring of dangerous animals other than dogs within the City is hereby prohibited. Other than as to dogs which are regulated by Chapter 205, the Chief of Police or his or her designee, shall have the authority and responsibility to declare an animal dangerous because of past behavior, violations, potential spread of zoonotic disease, or the inherently dangerous nature of the animal as to persons. Such declaration shall be made in writing and shall include the date of and reasons for the declaration. Upon request, the Chief of Police or his or her designee shall provide a copy of the written declaration to the requesting person. Such declaration shall be grounds for the impoundment and destruction of the animal unless, without danger to the public, it can be and is removed from the City within forty-eight (48) hours after being declared dangerous. If such animal is found again in the City limits, it will be immediately seized and promptly destroyed or disposed of in some other manner including but not limited to giving such animal to a licensed refuge or zoo.
B. 
Except insectivore animals, it is unlawful to keep or harbor any poisonous animal or any carnivorous or omnivorous animal and including but not limited to nonhuman primates, all nondomestic cats including bobcats and lynx, ocelots, mountain lions, tigers, panthers, lions, or any wild/domestic cat hybrid, wolves, wolf/dog hybrids with any percent of wolf parentage, raccoons, skunks, foxes, crocodiles, alligators and caimans. The only exclusion to this clause are domestic livestock, small fowl, domestic dogs, domestic cats and small rodents of varieties used for laboratory purposes. Nonpoisonous snakes shall be kept in locked escape-proof cages, except when being handled. It shall be an ordinance violation for an owner, keeper, harborer or handler to permit a snake or lizard to escape from a cage or while being handled.
[Ord. No. 1110 §3, 5-5-2011]
A. 
Pursuant to authority to regulate or prohibit the keeping or running at large of any animal or fowl, this Chapter regulates the possession of all animals and fowl in this City and seeks to balance the consequences of the exercise of such privilege of possession with the right of all citizens to enjoy a normal urban environment free of reasonable fear of dogs or other animals possessed within this City.
B. 
No person shall own, keep or harbor any dog or other animal that is not securely confined, which by attempting to bite, jump upon, charge toward or otherwise threaten any other person shall cause such other person to have a reasonable fear of immediate serious physical injury. Any person cited pursuant to this Subsection may state as a defense subject to proof that the threatening behavior of the animal was instigated or provoked by the complainant or that the fear expressed by the complainant was not a reasonable fear of immediate serious physical injury, and the court shall give any such defense such weight as the court in its judicial discretion finds to be appropriate in the circumstances of the case. Complaints under Subsection may only be lodged by a Police Officer.
C. 
It shall be a violation to maintain any animal or fowl within the City as a public nuisance as such is defined by the common law of the State, the Statutes of the State or the ordinances of this City.
D. 
No person shall own, keep or harbor any dog or other animal or fowl in such manner as to hinder, obstruct or interfere with access to an outside utility meter, utility pole or mailbox by any authorized employee of the utility or postal service. Any dog or other animal or fowl so owned, kept or harbored as to hinder, obstruct or interfere with access to an outside utility meter, utility pole or mailbox may be removed by the Chief of Police or his or her designee and taken to the Police Department or suitable housing facility.
E. 
It shall be the primary responsibility of the Police Department to provide services as enumerated in Subsections (A) through (D) of this Section. This Section shall not be construed to impose regulations upon animals or fowl exempt from regulation.
[Ord. No. 1110 §4, 5-5-2011]
A. 
If any dangerous, fierce or vicious dog, cat or other animal believed involved in an incident cannot be safely captured or prevented from escaping by usual means, such animal may be slain by a Police Officer if such is the Officer's belief. In all cases where such animal may have exposed a person to rabies and is slain before the completion of the observation period stipulated for the species, it shall be the duty of any person slaying such animal to forthwith deliver or cause to be delivered all the remains of such animal to the Police Department for testing.
B. 
For the purose of disease or injury control, the Chief of Police or his or her designee is hereby empowered to impound and observe pets in transit through the City at the request of any official animal control agency, health officer or law enforcement agency of another jurisdiction.
[Ord. No. 1110 §5, 5-5-2011]
Whenever any animal is found confined in a motor vehicle in a public place under weather conditions that endanger its life as determined by the Chief of Police or his or her designee, such is a violation of this Section. The Chief of Police or his or her designee is hereby authorized, to enter such vehicle and rescue such animal and thereafter impound it. A prominent written notice shall be left on or in the vehicle advising that the animal has been removed under the authority of this Section and impounded.