[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:
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; Ord.
No. 1071, 9-15-2022]
A.
The City of Buckner contracted with an outside Animal Control Service
that charges its own set of fees for animal impoundment and related
services. A copy of the Animal Control Service fee schedule is physically
available at City Hall and electronically available upon request.
B.
Any and all fees collected under this Chapter will be collected by
the contracted Animal Control Service. Any fees for unclaimed animals
will be paid by the City of Buckner, and the City of Buckner reserves
the right to seek reimbursement for unpaid fees from the animal's
owner(s).
[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 the
failure to redeem an impounded animal from the contracted Animal Control
Service prior to the expiration of the time limits established for
the disposition of animals as set forth by the Animal Control Service.
If the City of Buckner incurs fees from the Animal Control Service
because of a failure by a Buckner citizen to pick up an animal, the
City of Buckner may collect from the citizen the actual amount of
fees the City of Buckner paid on the citizen's behalf. If a Buckner
citizen does not retrieve the animal from the Animal Control Service
within the permitted time limits, the City of Buckner reserves the
right to make final determination for what is to be done with the
animal. The provisions of 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 returned to the owner or keeper because of a refusal by
the Animal Control Service.
[Ord. No. 1072, 9-15-2022]
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; Ord. No. 1058, 10-7-2021]
A.
No
person or persons shall permit any geese, ducks, chickens, turkeys
and all other domestic fowls, to run at large. The owner or owners,
keepers or possessors of same shall keep such fowls, geese, ducks,
chickens, and turkeys on the premises of such owner, keeper or possessor
of same. The owner or owners, keepers or possessors of domestic fowls
shall not allow the fowl to create any odor that would be deemed a
nuisance by a reasonable person. No person or persons shall be allowed
to keep more than twelve (12) domestic fowls. Any person or persons
keeping domestic fowls shall not keep more than one (1) rooster.
B.
Those
owning or keeping domestic fowl on the effective date of this Section
(10-7-2021) shall be allowed to "grandfather" the existing domestic
fowl. Once the grandfathered domestic fowls perish, they may not be
replaced with new domestic fowl unless the total number of domestic
fowls is under twelve (12) per owner or keeper.
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.
[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.
