[Ord. No. 450 §1 3-7-2005]
The following words and phrases, when used in this Chapter, shall have the meanings respectfully ascribed to them:
AT LARGE
When a dog is off the premises of the owner and not under reasonable control.
DOG
All animals of the canine species, both male and female.
IMPOUND
To take into custody any dog by human means for the purpose of confinement.
OWNER
In addition to its ordinary meaning, any person who keeps or harbors an animal or professes to be owning, keeping, or harboring an animal.
REASONABLE CONTROL
Any dog shall be under reasonable control when on the premises of the owner or when off the premises of the owner. The dog is with and obedient to the owner and does not deface or damage the property or disturb the peace of any person. When a dog places any person in fear or immediate danger or harm, it shall be deemed to be beyond reasonable control, except when in defense of the property or person of the owner.
TAG
Any object, regardless of shape or size, bearing registration number to indicate that the dog has been registered and vaccinated for rabies by a practicing veterinarian.
VACCINATION-REGISTRATION
The vaccination for immunization against rabies at the expense of the owner or custodian by the administration of anti-rabic virus by a licensed veterinarian and issuance of an appropriate certificate.
[Ord. No. 450 §3, 3-7-2005]
The restrictions imposed by Section 205.020 herein shall not prohibit the appearance of any dog upon streets or public property when the dog is under the immediate reasonable control of the person or owner charged with its care or within a confined area sufficiently maintained to keep said animal within its confines.
[Ord. No. 450 §4, 3-7-2005]
It shall be unlawful for any person to own, keep or harbor any dog which by loud, continual or frequent barking or howling disturbs the neighbor or neighborhood of any person or which threatens or chases pedestrians or vehicles.
[Ord. No. 450 §5, 3-7-2005]
A. 
No dog owner shall keep any dog over six (6) months of age within the City of Lincoln, Missouri, unless the license, therefore, has first been secured. License shall be issued by the City Collector for a fee of three dollars ($3.00) for each male or spayed female dog and five dollars ($5.00) for each unspayed female dog. A certificate shall accompany every application for a license from the doctor qualified to practice veterinary medicine in the State in which the dog is vaccinated, showing the dog has been vaccinated against rabies.
B. 
The dog license is valid from the time of purchase through December thirty-first (31st) of the same year and is renewable January first (1st) of each calendar year thereafter.
[Ord. No. 450 §6, 3-7-2005]
The owner of any dog shall cause a tag to be affixed by a permanent fastener to the collar of the dog so licensed in such a manner that the tag can be easily seen by an officer of the City. The owner shall see that such dog constantly wears the tag.
[Ord. No. 450 §7, 3-7-2005]
It shall be the duty of all of the officers authorized by this City, be it law enforcement personnel or City employees, to take and impound in a suitable place all dogs above the age of six (6) months found within the limits of the City, upon which no license has been obtained or wearing no collars when found or dogs found running at large within the limits of the City of Lincoln. It is hereby authorized that said officer can kill any such dog that should pose a threat to the personal safety of said officer of the City or cannot be confined and safely taken up and impounded.
[Ord. No. 450 §8, 3-7-2005]
A. 
All dogs that are not licensed and tagged as required by this Chapter or that are allowed to run free during the periods prohibited herein shall be taken up and into custody by the officer so authorized by the City of Lincoln, Missouri, within the City and at any other location. Said dog shall be impounded in a suitable place, notice of impoundment shall be posted in the City Hall of Lincoln, Missouri, for a period not less than one (1) week and if said dogs are not claimed at the expiration of such period, they may be put to death by humane method.
B. 
All dogs that are taken into custody that are licensed and tagged as required by this Chapter or whose owner or owners are known by the authorized officer shall be notified within five (5) days of such impoundment and given five (5) days from said notification to pick up said dog. Notification under this provision can be made by telephone, written notice left at the place of business or residence of the owner or any other means reasonably certain to give the owner actual notice of impoundment.
C. 
If any vaccinated dog shall be claimed by the owner thereof under Subsection (A) within the period of time prescribed, said dog shall be released to such owner upon proof of vaccination, the purchase of a City dog license and the payment to the City of Lincoln all sums due and owing for the keeping of said animal under the authorization of the City of Lincoln, Missouri.
1. 
If any unvaccinated dog shall be claimed by the owner thereof under Subsection (A) within the period of time prescribed, said dog shall be released to such owner upon proof of a scheduled vaccination within ten (10) days from the date of release and the payment to the City of Lincoln all sums due and owing for the keeping of said animal under the authorization of the City of Lincoln, Missouri. The owner must also purchase a dog tag within the same ten (10) day time period. If the license is not purchased within the specified time period, an authorized person shall take custody of said dog and the owner will be considered to be in violation of the provisions of this Chapter and subject to the penalties contained in this Chapter.
2. 
If any dog shall be claimed by the owner thereof under Subsection (B) within the period of time prescribed, said dog shall be released to such owner upon the payment to the City of Lincoln all sums due and owing for the keeping said animal under the authorization of the officer of the City of Lincoln, Missouri.
[Ord. No. 450 §9, 3-7-2005]
The City may enter into a contract with any entity or individual either within the City or at any other location to provide the services and perform the duties described.
[Ord. No. 450 §10, 3-7-2005]
Fees related to impoundment of dogs are as follows:
Initial pickup fee: $15.00.
Daily impoundment fee: $5.00 or such fee as set by contract between the City and any contracting entity
Adoption fee: $50.00
A. 
A person is guilty of animal neglect if he/she has custody or ownership or both of an animal and fails to provide adequate care.
B. 
A person is guilty of animal abandonment if 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. This Section shall not apply to the provisions of Section 578.007 or Sections 272.010 to 272.370, RSMo.
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.
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 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.
[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.
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. 647, 7-9-2018]
A. 
Definitions. As used in this Section, the following terms shall have the meanings indicated:
DANGEROUS DOG
A dog that has bitten and/or attacked any person or animal.
B. 
It shall be unlawful to own, keep, or harbor a dangerous dog in the City of Lincoln except in accordance with the following provisions:
1. 
Leash And Muzzle. No person shall permit a dangerous 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 dangerous 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 dangerous 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 dangerous 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 dangerous 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 embedded 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 dangerous 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 dangerous 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.
C. 
No person having a dangerous dog, or having a dog of a vicious propensity, which dog shall challenge or otherwise intimidate passersby, shall allow said dog off the owner's premises.
D. 
Compliance, Violations, And Penalties. It shall be unlawful for the owner or keeper of a dangerous dog within the City of Lincoln to fail to comply with the requirements and conditions set forth in this Section. Any dangerous dog found to be in violation of this Section may be, in addition to other penalties provided by the Municipal Code, subject to immediate seizure and impoundment for a minimum of ten (10) business days after the owner or possessor (if known) is given written notification and thereafter destroyed.
[Ord. No. 671, 9-14-2020]
A. 
Number And Type Of Chickens Allowed.
1. 
The maximum number of chickens allowed is six (6) per tract of land regardless of how many dwelling units are on the tract.
2. 
Only Female Chickens Are Allowed. There is no restriction of chicken species.
3. 
The provisions of this Section shall not apply to any chickens kept as part of an educational course by public and private schools and educational institutions with fifty (50) or more students when the chickens are kept on school property that is one-half (1/2) acre or more in size.
B. 
Non-Commercial Use Only. It shall be unlawful to engage in chicken breeding or fertilizer production for commercial purposes.
C. 
Enclosures.
1. 
Chickens must be kept in an enclosure or fenced area at all times. Chickens shall be secured within a henhouse or chicken tractor during non-daylight hours.
2. 
Enclosures must be kept in a clean, dry, odor-free, neat and sanitary condition at all times.
3. 
Henhouses, chicken tractors and chicken pens must provide adequate ventilation and adequate sun and shade and must be impermeable to rodents, wild birds and predators, including dogs and cats.
4. 
Henhouses And Chicken Tractors.
a. 
Henhouses and chicken tractors shall be designed to provide safe and healthy living conditions for the chickens while minimizing adverse impacts to other residents in the neighborhood.
(1) 
A henhouse or chicken tractor shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator and bird proof wire of less than one-inch openings.
(2) 
The materials used in making a henhouse or chicken tractor shall be uniform for each element of the structure such that the walls are made of the same material, the roof has the same shingles or other covering, and any windows or openings are constructed using the same materials. The use of scrap, waste board, sheet metal, or similar materials is prohibited. Henhouses and chicken tractors shall be well maintained.
(3) 
Henhouses, chicken tractors and chicken pens shall only be located to the rear of the dwelling or other main structure.
(4) 
Henhouses, chicken tractors and chicken pens must be located at least ten (10) feet from the property line and at least twenty-five (25) feet from any adjacent residential dwelling, church, school or place of business.
(5) 
Any enclosed chicken pen shall consist of sturdy wire or wooden fencing. The pen must be covered with wire, aviary netting, or solid roofing.
D. 
Odor And Noise Impacts.
1. 
Odors from chickens, chicken manure or other chicken related substances shall not be perceptible at the property boundaries.
2. 
Perceptible noise from chickens shall not be loud enough at the property boundaries to disturb persons of reasonable sensitivity.
E. 
Predators, Rodents, Insects And Parasites. The chicken owner shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. Chickens found to be infested with insects and parasites that may result in unhealthy conditions to human habitation may be removed.
F. 
Feed And Water. Chickens shall be provided with access to feed and clean water at all times. The feed and water shall be unavailable to rodents, wild birds and predators.
G. 
Waste Storage And Removal. The chicken owner must provide for the storage and removal of chicken manure. All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. No more than three (3) cubic feet of manure shall be stored. All other manure not used for composting or fertilizing shall be removed. The henhouse, chicken tractor, chicken pen and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner.
H. 
Chickens At Large. No dog or cat which kills a chicken will, for that reason alone, be considered a dangerous or aggressive animal.
I. 
Unlawful Acts.
1. 
It shall be unlawful for any person to keep chickens in violation of any provisions of this Section.
2. 
It shall be unlawful for any person to keep chickens in violation of any provision of this Section.
J. 
Nuisances. Any violation of this Section that constitutes a health hazard or that interferes with the use or enjoyment of neighboring property is a nuisance and may be abated under the general nuisance abatement provisions of Chapter 215.
K. 
Continuing violations. Each day that a violation of this Section continues is a separate offense.