The following words, when used in this Chapter, shall have the
meanings set out herein:
Infected with the rabies virus as determined by standard
laboratory testing.
Any living animal, domestic or wild, excepting birds, fish,
amphibians and farm animals.
A human being that is capable of controlling and governing
the animal in question and to whose commands the animal is obedient.
All animals of the canine or feline species, both male and
female.
When bitten by, or fought with, or has come in close contact
with a dog or other animal shown to be infected with the rabies virus
as determined by standard laboratory testing.
In addition to its ordinary meaning, any person who keeps
or harbors an animal or professes to be owning, keeping, or harboring
an animal.
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.
[CC 1986 §225.030]
The Board of Aldermen does hereby create the office of Impounding
Officer, to which said position the Mayor may appoint a suitable person;
provided however, that the Board of Aldermen may, in its discretion
and in lieu of the creation of the office of the City Impounding Officer,
enter into a contract with any person, firm, corporation, organization
or agency for the control, pickup and disposition of any animals which
are found in violation of this Chapter within the City of Truesdale.
Such contract shall be in writing and shall fix the compensation to
be paid and shall be for such period and upon such terms and conditions
as the Board of Aldermen may impose. The person, firm, corporation,
organization or agency so selected shall perform all the duties and
be subject to all of the requirements of this Chapter applicable to
the City Impounding Officer in addition to the duties imposed by such
contract. The Mayor may, in addition, authorize the Police Department
to pick up and restrain animals found within the City in violation
of this Chapter.
[CC 1986 §225.060]
Any person who shall interfere with or obstruct a City Official
in the reasonable performance of his/her duty in apprehending any
dog, cat or other animal for impounding or investigation under this
Chapter or any person who shall refuse to deliver up his/her dog,
cat or other animal, upon request by a proper City Official, whenever
such official has reasonable cause to believe that such dog, cat or
other animal has not been inoculated against rabies within a period
of one (1) year or such dog, cat or other animal is running at large
in violation of this Chapter, shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be punished as hereinafter provided.
The owner or keeper of any dog or cat in the City of Truesdale
is hereby required to have such animals vaccinated against rabies
by a licensed veterinarian and to procure a certificate of such vaccination
from the veterinarian and to present such certificate to the City
Clerk upon obtaining same; and the City Clerk shall register such
certificate, which registration shall remain in force until the expiration
of the rabies tag at which time the tag shall be renewed; and upon
registration, the City Clerk shall issue a tag evidencing the registration
and certificate of vaccination, and the owner or keeper shall securely
attach the tag so issued to a collar to be worn continuously by the
animal for which the tag was issued. It shall be unlawful for the
owner or keeper of any dog or cat to permit such animal to remain
in the City of Truesdale unless wearing the tag above provided for
herein.
[CC 1986 §225.020]
It shall be unlawful for any person or persons owning, controlling,
harboring, possessing or having the management or care, in whole or
part, of any dog, cat or other animal to permit such dog, cat or other
animal to run at large. For the purpose of this Chapter, every dog,
cat or other animal when on any street, alley or any other public
place in the City of Truesdale which is not attached to a leash, the
other end of which is securely held by a competent person or which
is not so confined as to prevent its straying from the premises, shall
be deemed running at large; provided however, that a dog, cat or other
animal bearing an identification tag containing the name and address
of its owner securely fastened to a collar about the neck of such
animal may remain in an enclosure on the property of its owner without
leash or other confinement.
It shall be unlawful for the owner or keeper of any dog or cat to permit the same to run at large within the City of Truesdale at any time. Any dog or cat found without the tag provided in Section 205.020, and any dog or cat found running at large, shall be impounded.
A.
It
shall be unlawful to own, keep or harbor a vicious dog in the City
of Truesdale 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, all vicious dogs 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 City 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.
[CC §1986 §225.050; Ord. No. 208 §1, 10-13-1993]
A.
The
Impounding Officer or any other person, firm, corporation, organization
or agency with which the City has contracted according to the provisions
of this Chapter and the member of the Police Department while in the
pursuit of a dog, cat or other animal running at large shall have
right of entry to any lots or lands including those of the owner of
such dog, cat or other animal for the purpose of collecting any dog,
cat or any other animal found in violation of this Chapter.
B.
Any
individual, family, partnership, corporation, association, society
or overall any legal entity of any kind which owns, manages, controls,
possesses dog(s) and/or (cat(s) within the City limits of the City
of Truesdale shall register said animal individually with the City
Clerk.
1.
The owner, caretaker and/or guardian of any dog(s) and/or cat(s)
which has/have resided within the City limits of the City of Truesdale
and which have not been registered shall be subject to a fine of not
less than one dollar ($1.00) and not more than one hundred dollars
($100.00).
2.
There shall be no costs involved to register said animals.
3.
Failure to register said animals shall cause any individual, family,
partnership, corporation, association, society or overall any legal
entity of any kind to lose its grandfathering legal status as to when
this Section was originally passed.
It shall be the duty of the Chief of Police, the City Police and any other person of the City of Truesdale, especially designated by the Board of Aldermen and the Mayor for such purpose, to take up any dog or cat without the tag provided in Section 205.020, 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.
[CC 1986 §225.040]
A.
The
Impounding Officer, Police Officer or any person designated by the
Board of Aldermen shall have the power to catch, confine and impound
dogs, cats or other animals as follows:
1.
All dogs, cats and other animals which are running off the owner's
premises and not securely led by leash.
2.
All female dogs, cats or other animals not securely confined in an
enclosed place while in heat.
3.
All dogs, cats or other animals affected with rabies and all dogs,
cats and other animals suspected of being exposed to or affected with
rabies, including dogs, cats and other animals known to have been
bitten by a rabid animal, whether such dog, cat or other animal is
running at large or on a leash.
4.
All dogs, cats or other animals with vicious propensities.
5.
Dogs, cats or other animals impounded in accordance with this Chapter
shall be impounded in a place designated by and under the supervision
of the Board of Aldermen.
Every officer impounding a dog or cat under this Chapter shall,
within twenty-four (24) hours after such impounding, post a notice
to the public and in plain public view at the City Hall of the City
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. Like notice shall be given
to the City Collector and Police Department.
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 City for its costs in impounding such dog or cat and keeping it
impounded.
[Ord. No. 728 §1, 1-14-2015]
It shall be the duty of any officer impounding any dog or cat
under this Chapter to keep the same for a period of not less than
five (5) business days before offering for adoption or euthanasia
except that before releasing an animal to a dealer, the holding period
must include at least one (1) full Saturday and a period of not less
than five (5) full days excluding time in transit.
[CC 1986 §225.080]
A.
No
person, firm, corporation or association owning or having custody
or control of any dog, cat or other animal affected with rabies or
any dog, cat or other animal which has been exposed to rabies which
shows symptoms or indications of having rabies shall permit such dog,
cat or other animal upon any street, alley, public place or private
property within the City other than the property of the owner or custodian
of such dog, cat or other animal and then only if such dog, cat or
other animal is so confined as to prevent its straying from the premises.
B.
Every
person, firm, corporation or association owning or having custody
or control of any dog, cat or other animal which has bitten a person
or which acts in a manner suggesting that it is or may be affected
with rabies shall impound such dog, cat or other animal in the facility
designated by the City of Truesdale for a period of ten (10) days
for observation. If such person, firm, association or corporation
shall fail to have such dog, cat or other animal impounded as herein
required, the official or officials charged with the enforcement of
this Chapter shall impound such dog, cat or other animal as herein
provided.
[CC 1986 §225.140]
The Mayor or a person designated by him/her shall dispose of
any dog, cat or other animal affected with rabies and he/she shall
have the power to examine and impound any animal bitten by or exposed
to any animal affected with rabies.
[CC 1986 §225.100]
Every physician shall report to the Chief of Police pertinent
information concerning any resident of the City of Truesdale who has
been bitten by an animal suspected of being rabid and every veterinarian
shall report all pertinent information concerning rabid animals under
his/her care.
[CC 1986 §225.110]
Any dog, cat or other animal captured and impounded as authorized
by this Chapter and determined not to be affected with rabies may
be redeemed by the owner or other person have the right of possession
of such animal upon payment of a redemption fee of fifteen dollars
($15.00) plus any expense of taking, impounding and keeping of said
animal. If the animal is not redeemed in the manner provided herein
within seven (7) days after his/her capture, such animal shall be
destroyed or may be adopted out. In case any impounded animal is uninoculated,
the owner thereof may redeem such animal by paying the redemption
fee and depositing the sum of ten dollars ($10.00) with the City Collector.
It shall be the duty of such owner to furnish an inoculation certificate
within five (5) days thereafter and upon furnishing such certificate
the deposit shall be returned. Failure to exhibit such certificate
within the required time shall subject the owner or person redeeming
such animal to the penalties provided for the violation of this Chapter.
[CC 1986 §225.120]
The redemption fee provided for by the preceding Section shall
be fifteen dollars ($15.00) for the first (1st) time any dog, cat
or other animal is impounded, twenty-five dollars ($25.00) for the
second (2nd) time such dog, cat or other animal is impounded and thirty-five
dollars ($35.00) for each time thereafter such dog, cat or other animal
is impounded. This schedule of fees is to apply to any one (1) calendar
year.
[CC 1986 §225.160]
The Mayor or a person designated by him/her shall dispose of any animal found to be vicious under the terms of Sections 205.040 and 205.055(4) and he/she shall have the power to impound any such animal. He/she shall have the power to require the owners of such animal to take necessary measures to dispose of any such animal having been found to have vicious propensities and he/she is further authorized to dispose of such animal if necessary measures are not taken by the owner.
[CC 1986 §225.150; Ord. No. 207 §1, 10-13-1993]
A.
No
individual, family, partnership, corporation, association, society
or overall any legal entity of any kind which owns, manages, controls,
possesses dogs and/or cats shall have more than three (3) dogs and/or
three (3) cats within the City limits of the City of Truesdale, Missouri.
1.
If any cat should have kittens or should any dog have puppies, they
must be removed after eight (8) weeks.
B.
Any
individual family, partnership, corporation, association, society
or overall any legal entity of any kind which has a dog(s) and/or
a cat(s) within the City limits of the City of Truesdale shall see
to it that said dog(s) and/or cat(s) do not bark, yelp or howl.
[CC 1986 §225.130]
The owner and/or custodian of a dog, cat or other animal shall
provide humane shelter from heat, cold, rain, snow or other conditions
that could be harmful to the animal and they shall provide the animal
with adequate food and drink to maintain the animal in good health
and shall not treat such animal in a cruel and inhumane manner.
A.
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.
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.
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 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 (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.
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.
[CC 1986 §225.190]
No person in the City shall fail to provide any animal or fowl
in his/her charge or custody with necessary sustenance, drink and
protection from the elements or cause any of these omissions to be
done. Any such shelter so provided shall be kept clean and inoffensive
insofar as is reasonably possible and filth, offal, etc., shall not
be allowed to unduly accumulate therein.
A.
Any
person who commits any of the following acts is guilty of an ordinance
violation:
1.
Permitting baiting or animal fighting to be done on any premises
under his/her charge or control;
2.
Promoting, conducting, or staging a baiting or fight between two
(2) or more animals;
3.
Advertising a baiting or fight between two (2) or more animals;
4.
Collecting any admission fee for a baiting or fight between two (2)
or more animals.
B.
Any
person who commits any of the following acts is guilty of an ordinance
violation:
1.
Knowingly attending the baiting or fighting of animals;
2.
Knowingly selling, offering for sale, shipping, or transporting any
animal which has been bred or trained to bait or fight another animal;
3.
Owning or possessing any of the cockfighting implements, commonly
known as gaffs and slashers, or any other sharp implement designed
to be attached to the leg of a gamecock;
4.
Manufacturing, selling, bartering or exchanging any of the cockfighting
implements, commonly known as gaffs and slashers, or any other sharp
implement designed to be attached to the leg of a gamecock.
[CC 1986 §225.180]
A.
A person
is guilty of animal abuse when 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 or adequate control.
B.
Molestation Of Birds And Fowl. It shall be unlawful for
any person to molest, injure or disturb any small birds or fowl of
the nest, young brood of any such birds or fowl within the City.
[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 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.
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. 318 §1(225.300), 6-9-1999]
A.
No
person shall keep or permit the keeping of the following animals on
premises owned or controlled by said person within the City limits
of the City of Truesdale:
1.
Hogs
2.
Pigs
3.
Cattle
4.
Mules
5.
Horses
6.
Goats
7.
Sheep
8.
Poisonous reptiles
9.
Warm-blooded carnivorous or omnivorous animals including, but not
limited to, non-human primates twenty (20) pounds or over
10.
Raccoons
11.
Skunks
12.
Foxes
13.
Leopards
14.
Panthers
15.
Tigers
16.
Lions
17.
Mountain lions
18.
Bobcats/lynx
19.
Crocodiles
20.
Alligators
21.
Bears
22.
Emus
23.
Ostriches
24.
Potbellied pigs
25.
Poultry (chickens, geese, turkeys, ducks)
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This Section shall not apply to zoos or zoological parks owned
by the State of Missouri or political subdivisions thereof, traveling
circuses being present in the City for less than two (2) weeks of
any calendar year, scientific or educational institutions, research
laboratories, veterinary hospitals or validly licensed pet shops under
applicable Federal, State and local laws. This Section shall also
not apply to domestic animals namely dogs, cats, parakeets, canaries,
cockatoos, myna birds, parrots, lovebirds or finches if not more than
three (3) in number.
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B.
As
of the ninth (9th) day of June 1999, anyone who has farm animals,
i.e., hogs, pigs, cattle, mules, horses, goats or sheep shall be grandfathered
in and as long as that property remains in the name of the present
owner of said property.
C.
Penalty. Any violation of this Section shall be liable for
a fine of up to three hundred dollars ($300.00) and/or a jail sentence
of up to fifteen (15) days. Each day a violation continues shall be
a separate offense.
