The following words when used in this Chapter shall have the
meanings set out herein:
All animals of the canine or feline species, both male and
female.
Any person having a right of property in a dog or cat, or
who keeps or harbors a dog or cat, or who has it in his/her care,
or acts as its custodian, or who knowingly permits a dog or cat to
remain on or about any premises owned or occupied by him/her.
Allowing a dog or cat to be off the private premises of the
owner or keeper, or his/her agent or servant, and not on a leash or
confined to the arms, motor vehicle, trailer or other conveyance of
the owner or keeper, his/her agent or servant.
Physical injury that creates a substantial risk of death
or that causes serious disfigurement or protracted loss or impairment
of the function of any part of the body.
A person upon the premises of the owner or keeper of the
dog in question without license or privilege to be upon said premises.
Any dog running at large or a dog on the premises of its
owner or keeper but not confined to said premises by a leash, fence,
structure or other means that would prevent the dog from leaving such
premises.
Any of the following dogs:
Any dog, whether or not running at large, and whether or not
unrestrained, that without provocation has bitten any person not a
trespasser causing serious physical injury to that person.
Any unrestrained dog, whether or not running at large, that
without provocation has attempted to bite any person not a trespasser
which would cause serious physical injury to that person.
Any unrestrained dog, whether or not running at large, that
without provocation has placed any person not a trespasser in apprehension
of immediate serious physical injury.
Any dog that has killed another dog, cat or other domestic animal
without provocation.
[Ord. No. 592 §II,
1997]
It shall be the duty of the Mayor to enforce and administer
the terms and provisions of this Chapter, and in carrying out such
duty and responsibility the Board of Aldermen shall have the authority
to employ a Humane Officer (dog catcher) and to fix his/her compensation
and duties with the funds budgeted therefor; to establish, maintain
and operate a City dog pound; to establish rules and regulations for
the reception and caring for sick, injured or diseased animals and
the boarding of animals at the City dog pound, and to establish fees
therefor; and to perform such other duties and possess such authority
as may be necessary to effectively carry out, administer and enforce
the terms and provisions of this Chapter.
[Ord. No. 592 §VIII,
1997]
It shall be the duty of any person or person owning, controlling,
possessing or having the management or care, in whole or in part,
of any dog to apply to the City Collector and obtain a dog license
tag on or before April first (1st) of each and every year, for which
license the City Collector is hereby authorized to charge the sum
as set by the Board of Aldermen each year for all types of dogs. It
is hereby declared an offense for any such person to neglect, fail
or refuse to pay said license fee and secure the metal tag of suitable
design and to keep the same securely attached to the animal by means
of a collar or harness or substantial make and condition, said metal
tag to be numbered from one (1) upwards, provided that no metal tag
shall be issued unless the applicant therefor presents a certificate
of inoculation of such dog against rabies from a licensed veterinarian
showing inoculation during the previous twelve (12) month period;
provided further, that such inoculation requirement shall not apply
to any dog less than six (6) months of age.
A.
It
shall be unlawful to own, keep or harbor a vicious dog in the City
of Matthews 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.
[Ord. No. 592 §III,
1997]
The Humane Officer shall take up and impound any dog found in
the City not wearing a tag indicating that such dog has been licensed
and vaccinated for the current year, whether such dogs be with their
owners, running at large or enclosed. It shall also be the duty of
said Humane Officer to take up and impound dogs which may be kept
or are running at large contrary to this Chapter and to take up and
impound any wild or domestic animals or fowls running at large contrary
to this Chapter.
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.
Every officer impounding a dog or cat under this Chapter shall,
within twenty-four (24) hours after such impounding, enter upon a
registry open to the public, and in plain public view at the 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.
[Ord. No. 592 §IV,
1997]
At any time prior to the disposal, sale or destroying of any
dog impounded by the City, the owner thereof, upon satisfactory proof
of ownership, may redeem such dog upon exhibiting a certificate of
license and certificate of vaccination for rabies and by paying a
fee of fifteen dollars ($15.00) and a boarding fee of one dollar ($1.00)
per day. If such dog has not been licensed or vaccinated for rabies,
the owner, in addition to paying the redemption fee of fifteen dollars
($15.00) and before being entitled to have such dog, must have such
dog licensed and vaccinated for rabies.
[Ord. No. 592 §V,
1997]
All dogs and other animals taken up by the City shall be impounded
and kept in the City dog pound and shall be securely kept and cared
for and fed by the City for not less than seven (7) days nor more
than ten (10) days. If at the expiration of seven (7) days such dog
or other animal has not been redeemed, it may be disposed of by the
City, none shall be destroyed by poisoning, torturing or skinning.
Any dog or other animal not redeemed within seven (7) days may be
sold or given away by the City as hereinbefore provided.
[Ord. No. 592 §VI,
1997]
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. 592 §VII,
1997]
It is hereby declared an offense for any person or persons owning,
controlling, possessing, or having the management or care, in whole
or in part, of any dog to permit the same 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 (10) feet in length,
so as to effectively prevent such dog from biting, molesting or approaching
any other person or animal.
[Ord. No. 592 §IX,
1997]
No person shall keep or harbor any dog which by loud, continual
or frequent barking, howling or yelping shall annoy or disturb any
neighborhood persons, or which habitually barks at or chases pedestrians,
horses or any vehicle whatsoever, to the annoyance of such pedestrians
or drivers or owners of horses or vehicles, provided however, no violation
under this Section shall be prosecuted without there first being filed
by an injured party a signed complaint formally charging said violator
hereunder.
B.
All
fines and penalties for a first finding of guilt under this Section
may be waived by the court if the person found guilty of animal neglect
shows that adequate, permanent remedies for the neglect have been
made. Reasonable costs incurred for the care and maintenance of neglected
animals may not be waived. This Section shall not apply to the provisions
of Section 578.007, RSMo., or Chapter 272, RSMo.
C.
In
addition to any other penalty imposed by this Section 578.009, RSMo.,
the court may order a person found guilty of animal neglect to pay
all reasonable costs and expenses necessary for:
1.
The care and maintenance of neglected 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; and
4.
The avoidance or minimization of any public health risks created
by the neglect of the animals.
A.
A person is guilty of animal trespass if a person having ownership
or custody of an animal knowingly fails to provide adequate control
for a period equal to or exceeding twelve (12) hours.
B.
For a first conviction of animal trespass, each offense shall be
punishable by a fine not to exceed two hundred dollars ($200.00).
The second and all subsequent convictions shall be punishable by imprisonment
or a fine not to exceed five hundred dollars ($500.00), or both such
fine and imprisonment. All fines for a first conviction of animal
trespass may be waived by the court, provided that the person found
guilty of animal trespass shows that adequate, permanent remedies
for trespass have been made. Reasonable costs incurred for the care
and maintenance of trespassing animals may not be waived. This Section
shall not apply to the provisions of Section 578.007 or Sections 272.010
to 272.370, RSMo.
A.
A person
commits the offense of animal abuse if he or she:
1.
Intentionally or purposely kills an animal in any manner not allowed
by or expressly exempted from the provisions of Sections 578.005 to
578.023 and 273.030, RSMo.;
2.
Purposely or intentionally causes injury or suffering to an animal;
or
3.
Having ownership or custody of an animal knowingly fails to provide
adequate care which results in substantial harm to the animal.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
