[Ord. No. 1341, 3-18-2024[1].]
As used in this Chapter, the following terms mean:
Any live, vertebrate creature kept as a pet excluding native
aquatic and amphibian animals that live in an aquarium twelve (12)
inches or smaller.
Any facility operated by a Humane Society, or Municipal agency,
or its authorized agents for the purpose of impounding or caring for
Animals held under the authority of this Article, or State laws.
Any Animal shall be deemed to be "at large" when it is off
the property of his/her Owner and not under control of a competent
person.
Any commercial establishment that engages in the business
of the temporary boarding of a dog or cat. Boarding facilities must
be a licensed operation registered with the City. Temporary boarding
is not to exceed fourteen (14) days. Facility is not meant for the
purpose of boarding business owner's own dogs or cats.
A commercial variety show featuring Animal acts for public
entertainment.
City of Scott City, Missouri.
The person employed by the City as the officer charged with
the enforcement of this Chapter and other City ordinances relative
to Animals.
Any pet shop, grooming shop, auction, zoological park, circus,
performing Animal exhibition or boarding facility.
A commercial establishment where Animals are bathed, clipped,
plucked or otherwise groomed.
Any person designated by the State of Missouri, a Municipal
Government or a Humane Society as a Law Enforcement Officer who is
qualified to perform such duties under the laws of this State.
A breed of goat classified in the National Pygmy Goat Association,
which when fully grown does not exceed seventy-five (75) pounds and
twenty (20) inches in height.
Domestic pigs kept as pets of a miniature breed, which when
fully grown shall not exceed one hundred fifty (150) pounds and twenty
(20) inches in height.
Any person, partnership or corporation owning or claiming
ownership of, keeping, or harboring one (1) or more Animals.
Any spectacle, display, act or event other than circuses,
in which performing Animals are used.
Any Animal kept for pleasure rather utility.
Any person, partnership or corporation, whether operated
separately or in connection with another business enterprise that
buys and sells any species or Animal.
Any Animal or Animals which:
Any Animal:
Dogs which are categorized as "service animals" by the Department
of Justice in the Code of Federal Regulations, as follows: any dog
that is individually trained to do work or perform tasks for the benefit
of an individual with a disability, including a physical, sensory,
psychiatric, intellectual, or other mental disability. Other species
of animals, whether wild or domestic, trained or untrained, are not
service animals for the purposes of this definition. The work or tasks
performed by a service animal must be directly related to the individual's
disability. The crime deterrent effects of an animal's presence and
the provision of emotional support, well-being, comfort, or companionship
do not constitute work or tasks for the purposes of this definition.
See: 28 CFR § 35.104.
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis and treatment of diseases and injuries of Animals.
Any Animal or Animals that constitute a physical threat to
human beings or other Animals.
Any live monkey (non-human primate), raccoon, skunk, fox,
poisonous snake, leopard, panther, tiger, lion, lynx, or any other
warm blooded animal which can normally be found in the wild state.
Any facility, other than a pet shop, displaying or exhibiting
one (1) or more species of non-domesticated Animals operated by a
municipality or government agency.
[1]
Editor's Note: Former Chapter 215, Animal Regulations, containing Sections 215.010 through 215.210, was repealed 3-18-2024 by Ord. No. 1341. Prior history includes: CC §§ 73.020, 73.060 — 73.090, 73.110 — 73.130; Ord. No. 14; Ord. No. 125; Ord. No. 512; Ord. No.
516; Ord. No. 569; Ord. No. 743; Ord. No. 776; Ord. No. 790; Ord. No. 920; Ord. No. 934; Ord. No.
940; Ord. No. 1045; Ord. No. 1114; Ord. No. 1180; Ord. No. 1182; Ord. No. 1188; Ord. No. 1212; Ord. No. 1213; Ord. No. 1290
[Ord. No. 1341, 3-18-2024]
No person shall interfere with, hinder or molest the Code Enforcement
Officer in the performance of any duty of such agent or seek to release
any dog or cat in the custody of the Code Enforcement Officer, except
as provided in this Chapter.
[Ord. No. 1341, 3-18-2024]
A.
Any
person owning, keeping, harboring, or having custody of any Animal
over three (3) months of age within this City must obtain a license
as herein provided.
B.
Written
application for licenses shall be made to the City which shall include
name and address of applicant, description of the Animal (including
name, breed, color, age and sex), the appropriate fee, and rabies
certificate issued by a licensed veterinarian or anti-rabies clinic.
C.
If
not revoked, licenses for the keeping of Animals shall be for a period
of one (1) year beginning with the presentation to the City of a fully
complete application including the rabies certificate and payment
of an annual fee of five dollars ($5.00).
D.
Application
for a license must be made within thirty (30) days after obtaining
an Animal over three (3) months, except that this requirement will
not apply to a non-resident keeping an Animal within the City for
not longer than sixty (60) days.
E.
License
fees shall not be required for seeing eye dogs, Service Animals, or
Governmental police dogs upon production of written proof of certification.
F.
Upon
acceptance of the license application and fee, the City shall issue
a durable tag or identification collar, stamped with an identifying
number and the year of issuance. Tags should be designed so that they
may be conveniently fastened or riveted to the Animal's collar or
harness.
G.
Dogs
and cats must wear identification tags or collars at all times when
off the premises of the Owners.
H.
The
City shall maintain a record of the identifying numbers of all tags
issued and shall make this record available to the public.
I.
Persons
who fail to obtain a license as required within the time period specified
in this Section will be subjected to a fine not to exceed one hundred
dollars ($100.00).
J.
A duplicate
license may be obtained upon payment of a fifty cent ($0.50) replacement
fee.
K.
No
person may use a license for any Animal other than the Animal for
which it was issued.
[Ord. No. 1341, 3-18-2024]
A.
No
person, partnership, or corporation shall operate a Commercial Animal
Establishment or Animal Shelter without first obtaining a permit in
compliance with this Section.
B.
The
City shall promulgate regulations for the issuance of permits and
shall include requirements for humane care of all Animals and for
compliance with the provisions of this Article and other applicable
laws. The City may amend such regulations from time to time as deemed
desirable for public health and welfare and the protection of Animals.
C.
Upon
showing by an applicant for a permit that he/she is willing and able
to comply with the regulations promulgated by the City, a permit shall
be issued upon payment of the applicable fee.
D.
The
permit period shall begin with the fiscal year and shall run for one
(1) year. Renewal applications for permits shall be made thirty (30)
days prior to, and up to sixty (60) days after, the start of the fiscal
year. Application for permit to establish a new Commercial Animal
Establishment under the provisions of this Article may be made at
any time.
E.
If
there is a change in ownership of a Commercial Animal Establishment,
the new owner may have the current permit transferred to his/her name
upon payment of a ten dollar ($10.00) transfer fee.
F.
Annual
permits shall be issued upon payment of the applicable fee:
|
For each pet shop
|
$75.00
|
|
For each auction
|
$50.00
|
|
For each circus
|
$25.00
|
|
For each performing animal exhibition
|
$50.00
|
|
For each grooming shop
|
$50.00
|
|
For each boarding facility
|
$50.00
|
G.
Every
facility regulated by this Article shall be considered a separate
enterprise and requires an individual permit.
H.
No
fee shall be required of any veterinary hospital, Animal Shelter,
or government or municipal operated zoological park.
I.
Any
person who has a change in the category under which a permit was issued
shall be subject to reclassification and appropriate adjustment of
the permit fee shall be made.
J.
Failure
to obtain a permit before opening any facility covered in this Section
shall result in a fine of two hundred dollars fifty cents ($200.50).
K.
A special
permit may be applied and obtained through City Hall for training
of search, rescue and recovery operation dogs. No fee will be required.
[Ord. No. 1341, 3-18-2024]
A.
The
City may revoke any permit or license if the person holding the permit
or license refuses or fails to comply with any provision of this Chapter,
the regulation promulgated by the City, or any law governing the protection
and keeping of Animals.
B.
Any
person whose permit or license is revoked shall, within ten (10) days
thereafter, humanely dispose of all Animals owned, kept, or harbored
and no part of the permit or license fee shall be refunded.
C.
It
shall be a condition of the issuance of any permit or license that
the City shall be permitted to inspect all Animals and the premises
where Animals are kept at any time and shall, if permission for such
inspections is refused, revoke the permit or license of the refusing
Owner.
D.
If
the applicant has withheld or falsified any information on the application,
the City shall refuse to issue a permit or license or revoke any issued
based on such information.
E.
No
person who has been convicted of cruelty to Animals shall be issued
a permit or license to operate a Commercial Animal Establishment.
F.
Any
person having been denied a license or permit may not reapply for
a period for thirty (30) days. Each reapplication shall be accompanied
by a ten dollar ($10.00) fee.
[Ord. No. 1341, 3-18-2024]
Except for a licensed Boarding Facility regulated by the Zoning Code of the City, no more than three (3) dogs plus three (3) cats over the age of three (3) months may be kept in or on any premises by any person or combination of persons residing in or working on said premises within the City. Premises encompass the dwelling unit, residence, place of business and adjoining yard. Any person or group of persons who shall own, keep or harbor upon his/her premises more than three (3) dogs plus three (3) cats over the age of three (3) months shall be deemed the Owner or keeper of a kennel. Unlicensed kennels within the City are declared to be a public nuisance and shall be abated in accordance with Chapter 230.
[Ord. No. 1341, 3-18-2024]
The Owner of every Animal shall be responsible for the removal
of any excreta deposited by his/her Animal(s) on public walks, recreation
areas, or private property.
[Ord. No. 1341, 3-18-2024]
No person shall own, keep or harbor any dog which by loud, continual
or frequent barking, howling or yelping shall annoy or disturb any
neighborhood or person, or which habitually barks at or chases pedestrians
or any vehicle whatsoever, to the annoyance of such pedestrians or
drivers.
[Ord. No. 1341, 3-18-2024]
A.
No
person owning, controlling, possessing, or having the management or
care, in whole or in part, of any dog or cat shall permit such dog
or cat to run At Large or go off the premises of any Owner or keeper
thereof, unless such dog is securely tied or led by a line or leash,
not to exceed ten (10) feet in length, so as to be under the control
of a competent person.
B.
No
person owning, possessing, or otherwise having under his control or
custody Animal, other than a dog or cat, shall permit the same to
run At Large in or upon any of the streets or public places or unenclosed
lands of the City, or to tie or tether same in such a way that such
Animal may go across or upon any of such places.
[Ord. No. 1341, 3-18-2024]
A.
All
dogs shall be kept under restraint, except for those used in service
of law enforcement, search and rescue and recovery, and with a special
permit issued by the City for times during training and while engaged
in search and rescue and recovery.
B.
Every
female dog or cat in heat shall be confined in a building or secure
enclosure in such a manner that such dog or cat cannot come into contact
with another Animal except for planned breeding.
C.
A Service
Animal shall be under the control of its handler. A Service Animal
shall have a harness, leash, or other tether, unless either the handler
is unable because of a disability to use a harness, leash, or other
tether, or the use of a harness, leash, or other tether would interfere
with the Service Animal's safe, effective performance of work or tasks,
in which case the Service Animal must be otherwise under the handler's
control (e.g., voice control, signals, or other effective means).
[Ord. No. 1341, 3-18-2024]
A.
Service
Animals as defined in this Chapter, or Service Animals meeting the
definition of "service animal" as provided by Department of Justice
regulations, shall be permitted in public areas of buildings, facilities
or other areas owned or managed by the City.
B.
Any
Animal that does not meet the definition of "Service Animal," such
as a pet or "support animal," is prohibited from all buildings, facilities
or other areas owned or operated by the City, unless otherwise specifically
authorized by the City.
C.
Service
Animals must be harnessed, leashed, or tethered, unless these devices
interfere with the Service Animal's work or the individual's disability
prevents using these devices. In that case, the individual must maintain
control of the animal through voice, signal, or other effective controls.
[Ord. No. 1341, 3-18-2024]
A.
Unrestrained
dogs and Public Nuisance Animals shall be taken by the Police or Code
Enforcement Officers and impounded in an Animal Shelter and there
confined in a humane manner.
B.
Impounded
dogs and cats shall be kept for not less than five (5) working days.
C.
If
by a license tab or other means, the Owner of an impounded Animal
can be identified, the Code Enforcement Officer shall immediately
upon impoundment make every possible reasonable effort to notify the
Owners of the impoundment and inform such Owners of the conditions
whereby they may regain custody of such Animal.
D.
At any time prior to the disposal of any Animal impounded by the City, the Owner thereof, upon satisfactory proof of ownership, may redeem such Animal upon exhibiting a certificate of license and a certificate of vaccination for rabies and by paying a redemption fee of fifty dollars ($50.00), plus an additional ten dollars ($10.00) for each day the Animal was impounded. If such Animal has not been licensed or vaccinated for rabies, the Owner, in addition to paying the redemption fee and the boarding fee, shall immediately after the Animal is released to the Owner, have such Animal licensed and/or vaccinated for rabies. Thereafter, within five (5) days after the Animal has been released to the Owner, the Owner shall tender to the Code Enforcement Officer proof of licensing and/or vaccination for rabies. If the Owner fails to tender proof of licensing and/or vaccination for rabies within the prescribed time, the Code Enforcement Officer shall impound the Animal and dispose of the Animal pursuant to Subsection (E) of this Section.
E.
Any
Animal not reclaimed by its Owner within five (5) working days shall
become the property of the City, or Humane Society, and shall be placed
for adoption in a suitable home or humanely euthanized, upon the discretion
of the Code Enforcement Officer.
F.
In
addition to, or in lieu of, impounding an Animal found at large, the
Code Enforcement Officer or Police Officer may issue to the known
Owner of such Animal a citation to appear in court to answer to charges
of violation of this Chapter.
G.
Any
dog or cat impounded for being a Public Nuisance may not be redeemed
unless such redemption is authorized by a court having jurisdiction.
[Ord. No. 1341, 3-18-2024]
No unclaimed dog or cat shall be released for adoption without
being sterilized or without written agreement from the adopter guaranteeing
that such Animal will be sterilized and a deposit of at least fifteen
dollars ($15.00) must be paid at the time of adoption.
[Ord. No. 1341, 3-18-2024]
Upon execution of an affidavit indicating the person is the
Owner or has right to possession of a dog or cat, such Owner may surrender
said dog or cat to the Code Enforcement Officer to be euthanized upon
payment of a fee of thirty-five dollars ($35.00) to cover the cost
of euthanizing the Animal.
[Ord. No. 1341, 3-18-2024]
A.
No
Owner shall fail to provide his/her Animals with sufficient good and
wholesome food and water, proper shelter and protection from the weather,
veterinary care when needed to prevent suffering, and with humane
care and treatment.
B.
No
person shall beat, cruelly ill treat, torment, overload, overwork,
or otherwise abuse an animal or cause, instigate, or permit any dogfight,
cockfight, bullfight, or other combat between animals or between animals
and humans.
C.
No
Owner of an Animal shall abandon such Animal.
D.
No
person shall crop a dog's ears, except when a licensed veterinarian
issues a signed certificate that the operation is necessary for the
dog's health and comfort, and in no event shall any person except
a licensed veterinarian perform such an operation.
E.
Chickens
or ducklings younger than eight (8) weeks of age may not be sold in
quantities of less than twenty-five (25) to a single purchaser.
F.
No
person shall give away any live animal, fish, reptile, or bird as
a prize for, or as an inducement to enter, any contest, game, or their
competition, or as an inducement to enter a place of amusement; or
offer such vertebrate as an incentive to enter into any business agreement
whereby the offer was for the purpose of attracting trade.
G.
Any
person who, as the operator of a motor vehicle, strikes a domestic
Animal shall stop at once and render such assistance as may be possible
and shall immediately report such injury or death to the Animal's
Owner. In the event the Owner cannot be ascertained and located, such
operator shall at once report the accident to the appropriate Law
Enforcement Agency or to the local Humane Society.
H.
No
person shall expose any known poisonous substance, whether mixed with
food or not, so that the same shall be liable to be eaten by any Animal,
provided that it shall not be unlawful for a person to expose on his/her
own property common rat poison mixed only with vegetable substances.
[Ord. No. 1341, 3-18-2024]
A.
Only
one (1) Mini Goat or one (1) Mini Pig shall be allowed on any premises
within the City, except as hereinafter provided. Mini Goats and Mini
Pigs located in commercial or residential zoned areas shall be located
to the rear of the residential or commercial property and shall be
in an area enclosed, which shall comply with setback requirements
for secondary buildings.
B.
The
Owners of all Mini Pigs and Mini Goats shall remove all manure and
waste caused by the boarding of said Animals on a regular basis, so
as to abate any odor to neighboring properties.
[Ord. No. 1341, 3-18-2024]
No person shall keep or maintain any hogs, goats or sheep within
four hundred (400) feet of any residence or other dwelling place other
than that of the Owner, nor keep or maintain horses or cows within
one hundred fifty (150) feet of the property line of any residence
or other dwelling place other than that of the Owner, nor keep or
maintain a combined total of three (3) or more rabbits, chickens,
ducks, turkeys, or other domestic fowl within one hundred fifty (150)
feet of the property line of any residence or other dwelling place
other than that of the Owner; provided, however, that if all occupants
of residences or other dwelling places within such distances agree
thereto, in writing, such animals or fowl may be kept and maintained
at less than such distances; and provided, further, that nothing in
this Section shall prevent the keeping of cows, cattle, sheep or goats
at any auction barn or veterinary hospital provided same are kept
in a clean and non-odorous condition.
[Ord. No. 1341, 3-18-2024]
Any person who shall, within the City, load, unload, or transfer
from one (1) vehicle to another any hogs, sheep, cattle or other livestock
in any public place, street or thoroughfare or on any private premises,
and any person who shall park or stand any vehicle in which hogs,
sheep, cattle or other livestock are loaded on any public place, street
or thoroughfare or on any unenclosed private premises for a period
longer than one (1) hour, shall be deemed guilty of an offense.
[Ord. No. 1341, 3-18-2024]
A.
No
person shall keep or permit to be kept on his/her premises any Wild
or Vicious Animal for display or for exhibition purposes, whether
gratuitously or for a fee. This Section shall not be construed to
apply to zoological parks, performing animal exhibition, or Circuses.
B.
No
person shall keep or permit to be kept any Wild Animal as a pet.
C.
The
City may release or order the release of any infant Wild Animal kept
under temporary permit which is deemed capable of survival.
[Ord. No. 1341, 3-18-2024]
It shall be unlawful for any person to willfully injure, molest
or disturb in any way any birds or the nest, eggs, young or brood
of any such birds, except that this provision shall not apply to any
birds declared by any law or ordinance to be "pests," nor shall any
person kill, molest or injure any squirrel in the City.
[Ord. No. 1341, 3-18-2024]
Every Vicious Animal, as determined by the City, shall be confined
by the Owner within a building or secure enclosure and shall be securely
muzzled or caged whenever outside of its confinement.
[Ord. No. 1341, 3-18-2024]
A.
No
performing animal exhibition or Circus shall be permitted in which
animals are induced or encouraged to perform through the use of chemical,
mechanical, electrical, or manual devices in a manner which will cause,
or is likely to cause, physical injury or suffering.
B.
All
equipment used on a performing animal shall fit properly and be in
good working condition.
[Ord. No. 1341, 3-18-2024]
It shall be a violation of this Chapter to interfere with a
Humane Officer in the performance of his/her duties.
[Ord. No. 1341, 3-18-2024]
A.
No
person shall deposit, throw or place any dead or fatally sick or injured
animal, or part thereof, on any public place or private premises,
or into any sewer or drainage ditch.
B.
It
shall be the duty of the City to pick up and dispose of all dead animals
and fowl on the public streets or public places.
[Ord. No. 1341, 3-18-2024]
No person shall, within the City, keep or suffer to be kept
a beehive containing bees.
[Ord. No. 1341, 3-18-2024]
A.
"Dangerous
Dog" is defined as:
1.
According to the records of the appropriate authority, has inflicted
severe injury on a human being without provocation on public or private
property;
2.
According to the records of the appropriate authority, has killed
a domestic Animal without provocation while off the Owner's property;
3.
Is harbored in part or primarily for the purpose of dogfighting or
any dog trained for dogfighting;
4.
Is used primarily to guard public or private property and is not
owned by a governmental or law enforcement unit;
5.
Without provocation, has attacked, caused injury to or otherwise
threatened the safety of domestic Animals;
6.
With or without provocation, chases or approaches a person upon the
streets, sidewalks or any public or private property in a menacing
fashion or apparent attitude of attack.
[Ord. No. 1341, 3-18-2024]
A.
No
person shall permit a Dangerous Dog to go outside its kennel or pen
unless:
1.
Such dog is securely leashed with a leash no longer than four (4)
feet in length and a person is in physical control of the leash. No
person shall permit such dogs to be kept on a chain, rope, or other
type of leash outside its kennel or pen leashed to inanimate objects
such as trees, posts, buildings, or other structures or devices.
2.
Such dog is muzzled by a muzzling device sufficient to prevent the
dog from biting persons or other Animals.
[Ord. No. 1341, 3-18-2024]
A.
All
dogs subject to this Article shall be securely confined indoors or
in a secure 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 its sides. All structures
used to confine such dogs must be locked with a key or combination
lock when such dogs are within the structure. Such structures must
have a secure bottom or floor attached to the sides of the pen or
the sides of the pen must be embedded in the ground no less than two
(2) feet. All structures erected to house such dogs must comply with
all zoning and building regulations of the City. All such structures
must be adequately lighted and ventilated and kept in a clean a sanitary
condition.
B.
No
such dog may be kept on a porch, patio or in any part of a house or
structure that would allow the dog to exit such building on its own
volition. In addition, no such dog 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.
[Ord. No. 1341, 3-18-2024]
All Owners of dogs subject to this Article shall display in
a prominent place on their premises and on the kennel or pen of such
dog signs easily readable by the public using the words "Beware of
Dog."
[Ord. No. 1341, 3-18-2024]
All Owners of Dangerous dogs must, no less than annually, provide
proof to the City of public liability insurance in a single incident
amount of fifty thousand dollars ($50,000.00) for bodily injury or
death of another person or persons or for damage to property owned
by any person or persons which may result from the ownership, keeping
or maintenance of such dog. Owner must also provide to City a copy
of an endorsement stating such insurance policy shall not be cancelled
unless ten (10) days' prior written notice is first given to the City.
[Ord. No. 1341, 3-18-2024]
All Owners of dogs subject to this Article must provide to the
City two (2) color photographs of the dog clearly showing the color
and approximate size of the dog. Further, they shall register the
dog with the City providing the name of the dog and the address where
the dog shall be maintained and shall execute an acknowledgement of
receipt of a copy of this Article.
[Ord. No. 1341, 3-18-2024]
All Owners of dogs subject to this Article shall, within ten
(10) days of the event or incident, report, in writing, to the City
the removal from the City or death of such dog, the birth of offspring
of such dog, and the new address of the dog should the Owner move
within the corporate City limits.
[Ord. No. 1341, 3-18-2024]
There shall be a conclusive presumption that any dog registered
under this Article is in fact a dog subject to the requirements of
this Article.
[Ord. No. 1341, 3-18-2024]
It shall be unlawful for the Owners of a dog subject to this
Article to fail to register that dog with the City as required by
this Article or for an Owner of such dog to fail to comply with the
requirements and conditions of this Article. Any dog found to be the
subject of violation of this Article shall be subject to immediate
seizure and impoundment. In addition, failure to comply will result
in the revocation of the license of such Animal, resulting in the
immediate removal of the Animal from the City.
[Ord. No. 1341, 3-18-2024]
A.
A person commits the offense of keeping a dangerous dog if he or she owns or possesses a dog that is dangerous as defined in Section 215.300 and that dog bites, attacks, or aggressively pursues any person on a subsequent occasion.
B.
In addition to the penalty set forth in Section 110.010, the Code Enforcement Officer shall immediately seize: (1) any Dangerous Dog that bites, attacks or aggressively pursues any person; and (2) any dog that has not previously met the definition of Dangerous Dog that bites a person or attacks and causes serious injury to or the death of any human. The dog shall be impounded and held for ten (10) business days after the Owner is given written notification and thereafter destroyed.
C.
The
Owner of the impounded dog may file a written appeal to the Municipal
Court to contest the impoundment and destruction of such dog. The
Owner shall provide notice of the filing of the appeal to the Code
Enforcement Officer who seized the dog. If the Owner files such an
appeal and provides proper notice, the dog shall remain impounded
and shall not be destroyed while such appeal is pending and until
the court issues an order for the destruction of the dog. The court
shall hold a disposition hearing within thirty (30) days of the filing
of the appeal to determine whether such dog shall be humanely destroyed.
The court may order the Owner of the dog to pay the costs associated
with the dog's keeping and care during the pending appeal.
D.
Notwithstanding any provision of this Section to the contrary, if a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the Owner is not guilty of any offense specified under this Section, and is not civilly liable under this Section, nor shall such dog be destroyed as provided in Subsection (B) of this Section. For purposes of this Section, the term "criminal activity" shall not include the act of trespass upon private property under Section 225.120 as long as the trespasser does not otherwise engage in, attempt to engage in, or have intent to engage in other criminal activity.
