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City of Kahoka, MO
Clark County
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Table of Contents
Table of Contents
[Ord. No. 397, 12-14-2009; Ord. No. 495, 12-10-2018]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
ABANDONED
An animal is abandoned if its owner fails to provide such animal with the essential requirements for food, water, shelter and safety for a period of three (3) days.
ANIMAL
Every non-human species of animal, both domestic and wild.
ANIMAL CONTROL OFFICER
A person designated by the Mayor and Board of Aldermen for the City of Kahoka to enforce the animal control ordinances of the City.
COMPETENT PERSON
Any owner or keeper of any dog, cat or other animal capable of physically restraining as necessary any dog, cat or other animal in their care. The animal in their care must be immediately responsive to their commands to heel.
IMPOUNDMENT
To apprehend, catch, trap, net, snare, dart or if necessary in the opinion of the Animal Control Officer or Police Officer due to an emergency situation euthanize any animal by an Animal Control Officer, Police Officer or other authority authorized by the Mayor or Board of Aldermen for the City of Kahoka.
KENNEL
The keeping or harboring of a combined total of five (5) or more adult dogs or cats over the age of six (6) months for business or commercial purposes. For purposes of this Subsection, business or commercial purposes shall include, but not be limited to, the purchase, sale or trade of dogs, cats or other animal or keeping dogs, cats or other animals for breeding or exhibition purposes.
OWNER
Any person owning, keeping or harboring an animal.
POUND
Any premises designated by action of the Board of Aldermen for the City of Kahoka for the purpose of impounding and caring for all animals found running at large or taken into care by the Animal Control Officer for violations of this Chapter.
PROPER SHELTER
A clean, sanitary shelter of sound construction with four (4) walls, floor and roof and an opening of sufficient size to allow ingress and egress for the animal to the inside of the shelter and it must be of sufficient size for the animal to stand, turn around and lie down without touching the sides or top of the shelter.
RESTRAINT
A dog, cat or other animal which is within a secure, fully enclosed or fenced area; under the hand-held leash, not to exceed ten (10) feet, at "heel" of a competent person; secured by a chain or cable sufficient to prevent the dog being at large; within a vehicle capable of preventing the dog, cat or other animal's escape; or secured by leash or other means on a vehicle, such as the open bed a truck, such that the dog, cat or other animal cannot reach the edge of any of the sides of the vehicle. However, a dog may be considered under restraint if it is on its owner's property and the owner is present with the dog and the animal is responsive to commands.
RUNNING AT LARGE
Allowing a dog or cat to be off the premises of the owner or keeper or his/her agent or servant and not on a leash controlled by a competent person or confined to the arms, motor vehicle, trailer or other conveyance of the owner or keeper or a competent person.
VICIOUS DOGS
Any of the following:
1. 
Any dog, whether or not running at large and whether or not unrestrained, that without provocation has bitten any person causing serious physical injury to a person not a trespasser who is a person upon the premises of the owner or keeper without license or privilege to be upon the premises.
2. 
Any unrestrained dog, whether or not running at large, that without provocation has attempted to bite any person not a trespasser, who is a person upon the premises of the owner or keeper without license or privilege to be upon the premises, which would cause serious physical injury to that person.
3. 
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.
4. 
Any dog that killed another dog, cat or other domestic animal without provocation.
5. 
Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury to a human being.
6. 
Any pit bull which shall include the Staffordshire Bull Terrier breed of dog, the American Staffordshire Terrier breed of dog, the American Pit Bull Terrier breed of dog and all dogs which have the appearance and characteristics of being predominately of said breeds.
PUBLIC NUISANCE
Any animal or animals that unreasonably annoy humans, endanger the life or health of people, or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance animal" shall mean and include, but is not limited to, any animal that:
1. 
Is found at large three (3) or more times;
2. 
Damages the property of anyone other than its owners;
3. 
Molests or intimidates pedestrians or passersby;
4. 
Chases vehicles; or
5. 
Attacks other domestic animals.
[Ord. No. 345 §3, 10-13-2004; Ord. No. 495, 12-10-2018]
A. 
The owner or keeper of any dog or cat in the City of Kahoka 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 on or before May first (1st) of each year; and the City Clerk shall register such certificate, which registration shall remain in force until the April thirtieth (30th) next following said registration; 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 Kahoka unless wearing the tag above provided for herein.
B. 
All tags will cost five dollars ($5.00) per tag. Any person or persons violating the Subsection (A) of this Section shall be punished by a fine of not more that fifty dollars ($50.00).
[Ord. No. 495, 12-10-2018]
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 Kahoka 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.
[Ord. No. 495, 12-10-2018]
It shall be unlawful for the owner or person in control of any animal to fail to exercise the proper care and control of his/her animal so as to prevent such animal from becoming a public nuisance animal. Any public nuisance animal shall be impounded.
[Ord. No. 278 §§1 — 4, 3-10-1997; Ord. No. 495, 12-10-2018[1]]
A. 
It shall be unlawful to own, keep or harbor a vicious dog in the City of Kahoka 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.
B. 
Any dog found at large that poses a public threat and cannot be safely apprehended by a Police Officer or Animal Control Officer will be destroyed.
C. 
No dog may be declared vicious if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the dog or was committing or attempting to commit a crime.
[1]
Editor's Note: Ord. No. 495 also changed the title of this Section from "Dangerous Dog — Control and Impoundment" to "Vicious Dogs Prohibited — Exceptions."
[Ord. No. 495, 12-10-2018]
A. 
Any animal which attacks, bites or injures a human being or other domestic animal without adequate provocation, shall be taken up and impounded by a Police Officer or Animal Control Officer at a location so designated by the City or a licensed veterinarian designated by the City, for a period of ten (10) days, the expense thereof, to be borne by the owner of such animal.
B. 
If within such period of ten (10) days the animal develops symptoms of rabies, then it shall be euthanized in a humane manner by a licensed veterinarian.
C. 
If the animal does not develop symptoms of rabies at the end of such ten-day period, then it may be returned to the owner upon payment of boarding fees. The animal may be returned earlier if certified by a licensed veterinarian to be free of rabies.
D. 
If the owner does not claim the animal within seven (7) days after the expiration of such ten-day period, it shall be disposed of as provided for in this Chapter.
E. 
If, based on a public safety concern, the Police Department can show cause that any animal should not be released pursuant to Subsection (D), the municipal court will authorize that the animal be held until an action or disposition in court authorizes the release.
F. 
If the owner, or person in control, of an animal is adjudicated as harboring a vicious animal, and the City can show cause that the release of the animal would create a continuing public safety hazard, the municipal court may authorize that the animal be permanently removed from the City limits, or euthanized in a humane manner by a licensed veterinarian.
[Ord. No. 495, 12-10-2018]
It shall be the duty of the Chief of Police, the City Police, the City Animal Control Officer, or any other person of the City of Kahoka, 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, any public nuisance animal, or any vicious dog in violation of Section 205.040 and 205.045 above and to impound the same.
[Ord. No. 495, 12-10-2018]
Any officer performing duties under this Chapter shall be compensated from the City Treasury as provided from time to time by the Board of Aldermen. Such officer shall account to the City for all sums collected from owners or keepers under this Chapter and pay same into the City Treasury. Costs of feeding and keeping dogs or cats impounded shall be paid from the City Treasury.
[Ord. No. 495, 12-10-2018]
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. 495, 12-10-2018]
The owner or keeper of any dog or cat impounded under this Chapter shall pay to the 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. 495, 12-10-2018]
A. 
It shall be the duty of any officer impounding any dog or cat under this Chapter to keep the same impounded for a period of seven (7) days, unless such dog or cat shall be reclaimed by his/her owner or keeper under Section 205.080 of this Chapter. If the animal is not redeemed by the owner within seven (7) days after impoundment, the animal may be disposed of as follows:
1. 
Euthanasia, using a method acceptable to the American Veterinary Medical Association; or
2. 
Release for adoption by a new owner who shows evidence of ability and intention to provide the animal with an appropriate home and humane care; provided that, no unspayed female dog or cat shall be released for adoption unless the spaying fee has been paid and a certificate issued by a licensed veterinarian certifying that the fee has been paid and that the dog or cat will be brought in for spaying within five (5) days, or if too young that it will be brought in for spaying at the age of six (6) months.
[Ord. No. 345 §7, 10-13-2004]
Any animal not claimed within the six (6) day waiting period may be adopted. The new owner must pay any fees due, license the animal and have the animal spayed and neutered at their expense.
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.
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.
[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.
[Ord. No. 397, 12-14-2009]
A. 
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 designed to receive such wastes including, but not limited to, streets, drainage ditches, sidewalks, parking lots, public parks or recreation areas and private property. This Section shall not apply to guide dogs accompanying any blind person.
B. 
Penalty. Any person who violates the terms of this Section shall be deemed guilty of a misdemeanor and upon conviction shall be subject to the following punishments:
1. 
For a first (1st) offense a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) together with court cost.
2. 
For a second (2nd) or subsequent offense a fine of not less than three hundred fifty dollars ($350.00) nor more than five hundred dollars ($500.00) together with court cost.
3. 
In addition to the fines and court cost a sentence in the County Jail not to exceed thirty (30) days may be assessed.
4. 
In addition to the fines, cost and jail time a second (2nd) or subsequent offense may result in impoundment and forfeiture of the animal upon order of the court.
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.
A. 
Animals — Keeping Prohibited. It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City of Kahoka, Missouri:
1. 
Any warm-blooded, carnivorous or omnivorous, wild or exotic animal (including, but not limited to, non-human primates, raccoons, skunks, foxes and wild and exotic cats; but excluding fowl, ferrets and small rodents of varieties used for laboratory purposes).
2. 
Any animal having poisonous bites.
3. 
Any pit bull dog; provided that pit bull dogs registered with the City on the date of publication of this Section may be kept within the City subject to the standards and requirements set forth in Subsection (B) below. "Pit bull dog" is defined to mean:
a. 
The Staffordshire bull terrier breed of dog;
b. 
The American pit bull terrier breed of dog;
c. 
The American Staffordshire terrier breed of dog;
d. 
Any dog that has the appearance and characteristics of being predominantly of the breeds of Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier or a combination of any of these breeds.
B. 
Keeping Of Registered Pit Bulls — Vicious And Dangerous. The provisions of this Section are not applicable to owners, keepers or harborers of pit bull dogs registered with the City of Kahoka as of the effective date of this Section. The keeping of such dogs, however, shall be subject to the following standards:
1. 
Leash and muzzle. No person shall permit a registered pit bull 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 pit bull 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, buildings, etc. In addition, all pit bull dogs on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
2. 
Confinement. All registered pit bull 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 registered pit bull dogs must be locked with a key or a combination lock when such animals are within the structure. Such 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 not less than two (2) feet. All structures erected to house pit bull 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 and sanitary condition.
3. 
Confinement indoors. No pit bull 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 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 registered pit bull dogs with the City shall, within ten (10) days of the effective date of this Section, 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 animal.
5. 
Insurance. All owners, keepers or harborers of registered pit bull dogs must, within ten (10) days of the effective date of this Section, provide proof to the City Clerk of public liability insurance in a single incident amount of one hundred thousand dollars ($100,000.00) bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days' written notice is first given to the City Clerk.
6. 
Identification photographs. All owners, keepers or harborers of registered pit bull dogs must, within ten (10) days of the effective date of this Section, provide to the City Clerk two (2) color photographs of the registered animal clearly showing the color and approximate size of the animal.
7. 
Reporting requirements. All owners, keepers or harborers of registered pit bull dogs must, within ten (10) days of the incident, report the following information in writing to the City Clerk as required hereinafter.
a. 
The removal from the City or death of a registered pit bull dog.
b. 
The birth of offspring of a registered pit bull dog.
c. 
The new address of a registered pit bull dog owner, should the owner move within the corporate City limits.
8. 
Sale or transfer of ownership prohibited. No person shall sell, barter or in any other way dispose of a pit bull dog registered with the City to any other person within the City unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such dog; provided that the registered owner of a pit bull dog may sell or otherwise dispose of a registered dog or the offspring of such dog to persons who do not reside within the City.
9. 
Animals born of registered dogs. All offspring born of pit bull dogs registered within the City must be removed from the City within six (6) weeks of the birth of such animal.
10. 
Irrebuttable presumptions. There shall bean irrebuttable presumption that any dog registered with the City as a pit bull dog or any of those breeds prohibited by this Section is in fact a dog subject to the requirements of this Section.
11. 
Failure to comply. It shall be unlawful for the owner, keeper or harborer of a pit bull dog registered with the City to fail to comply with the requirements and conditions set forth in this Section. Any dog found to be the subject of a violation of this Section 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.
12. 
Any vicious or dangerous animal shall wear at all times, a bright orange collar with a large brightly colored metal tag attached to the collar so the animal can readily be identified as a dangerous animal.
13. 
Violations and penalties. Any person violating or permitting the violation of any provision of this Section shall upon conviction in Municipal Court be fined a sum not less than two hundred dollars ($200.00) and not more than one thousand dollars ($1,000.00). In addition to the fine imposed, the court may sentence the defendant to imprisonment in the County Jail for a period not to exceed thirty (30) days. In addition, the court shall order the registration of the subject pit bull revoked and the dog removed from the City. Should the defendant refuse to remove the dog from the City, the Municipal Court Judge shall find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this Section continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this Section shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this Section.
[CC 1955 Ch. 35 §14]
It shall be the duty of the owner or keeper of any female dog to safely shut up and keep from public view such animal while the same is in heat, and any person failing to comply with this Section shall be deemed guilty of a misdemeanor.
[CC 1955 Ch. 35 §15]
All hogs, pigs or shoats, cows and horses shall be kept in pens or stables, and said pens or stables shall be located not less than two hundred (200) feet from the nearest residence and public streets of the City. Any person violating this Section shall be deemed guilty of a misdemeanor.
[CC 1955 Ch. 35 §18]
Every owner of chickens, geese, ducks, turkey and pigeons who shall willfully or for want of due or reasonable care suffer or permit his/her chickens, geese, ducks, turkeys or pigeons to be at large in the City of Kahoka shall be deemed guilty of a misdemeanor.
[Ord. No. 397, 12-14-2009]
A. 
Any person owning or in possession or control of any animal or bird who shall permit such animal or bird to make loud and unseemly noises so as to disturb the peace or repose of any person shall be guilty of a misdemeanor.
B. 
Penalty. Any person who violates the terms of this Section shall be deemed guilty of a misdemeanor and upon conviction shall be subject to the following punishments:
1. 
For a first (1st) offense a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) together with court cost.
2. 
For a second (2nd) or subsequent offense a fine of not less than three hundred fifty dollars ($350.00) nor more than five hundred dollars ($500.00) together with court cost.
3. 
In addition to the fines and court cost a sentence in the County Jail of not to exceed thirty (30) days may be assessed.
4. 
In addition to the fines and cost a second (2nd) or subsequent offense may result in impoundment and forfeiture of the animal upon order of the Court.
[Ord. No. 397, 12-14-2009]
A. 
It shall be unlawful for any person at any time to keep, harbor or own as pets more that a combined total of four (4) or more adult dogs and cats. Any young produced by any adult dog or cat permitted herein that causes an exceedence of the four (4) animal limit may be maintained with the parent animal for a period of up to ten (10) weeks from the date of birth.
B. 
Penalty. Any person who violates the terms of this Section shall be deemed guilty of a misdemeanor and upon conviction shall be subject to the following punishments:
1. 
For a first (1st) offense a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) together with court cost.
2. 
For a second (2nd) or subsequent offense a fine of not less than one hundred fifty dollars ($150.00) nor more than three hundred dollars ($300.00) together with court cost.
3. 
In addition to the fines and court cost a sentence in the county jail of not to exceed thirty (30) days may be assessed.
[Ord. No. 397, 12-14-2009]
A. 
It shall be unlawful for any person to allow more than one (1) litter of dogs and cats, being held as pets, per household within the City of Kahoka in any twelve (12) month period.
B. 
Penalty. Any person who violates the terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be subject to the following punishments:
1. 
For a first (1st) offense a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) together with Court cost.
2. 
For a second (2nd) or subsequent offense a fine of not less than one hundred fifty dollars ($150.00) nor more than three hundred dollars ($300.00) together with court cost.
3. 
In addition to the fines and court cost a sentence in the County Jail of not to exceed thirty (30) days may be assessed.
[Ord. No. 397, 12-14-2009]
A. 
Every person who operates a kennel for the breeding, sale, trade or exhibition of dogs or cats within the City of Kahoka, regardless of the number of breeding females, shall pay an annual fee of seventy-five dollars ($75.00) to the City of Kahoka, which shall be paid on or before May first (1st) of each year, to secure a special use permit before said permit shall issue or reissue, said kennel operator upon the payment of the annual fee shall not be assessed the additional cost of an animal tag for each animal maintained in said kennel as set out in Section 205.020(B) but shall comply with the terms of Section 205.020(A), in addition to State law requirements for the operation of a kennels if applicable, the kennel operator must also present proof to the Animal Control Officer:
1. 
That the kennel is not located closer than forty (40) feet to another dwelling including outside runs for the animals, however, the Board of Aldermen for the City of Kahoka may grant a variance to the kennel operator as to the location and distance to another dwelling taking into consideration all the circumstances of the location and construction of the kennel including walls surrounding the kennel and other noise reduction devices installed and maintained by the kennel, as well as the nature of the neighborhood, said variance shall only issue after written notice and an opportunity to be heard is provided to the owners or residents of the adjoining dwelling or dwellings that will be effected if the variance is granted.
2. 
That the kennel has one (1) fully enclosed shelter for each animal.
3. 
That the kennel has an exercise area for the animals.
4. 
That the kennel is in full compliance with the terms of Section 205.130 of the Code of Ordinances for the City of Kahoka concerning animal waste.
5. 
The kennel has appropriate feed and water for each animal.
B. 
Penalty. Any person who violates the terms of this Section shall be deemed guilty of a misdemeanor and in addition to the forfeiture of the special use permit authorized by this Section and the immediate impoundment of all the animals held in the kennel upon conviction shall be subject to the following punishments:
1. 
For a first (1st) offense a fine of not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00) together with court cost.
2. 
For a second (2nd) or subsequent offense a fine of not less than five hundred dollars ($500.00) together with court cost.
3. 
In addition to the fines and court cost a sentence in the County Jail of not to exceed ninety (90) days may be assessed.
4. 
In addition to the fines and County Jail time be violator may also the subject to the cost of any clean up of the kennel property which may be assessed as a special tax lien against the violator's real property.
[Ord. No. 397, 12-14-2009]
A. 
Every person who maintains an animal within the City limits of Kahoka, Missouri, must provide for each animal maintained a proper shelter which shall be a clean, sanitary shelter of sound construction with four (4) walls, a weather-proof floor and a weather-proof roof with an opening of sufficient size to allow ingress and egress for the animal to the inside of the shelter; the shelter must be of sufficient size for the animal to stand, turn around and lie down without touching the sides or top of the shelter.
B. 
Penalty. Any person who violates the terms of this Section shall be deemed guilty of a misdemeanor and may be subject to the immediate impoundment and forfeiture of the animal held if so ordered by the Municipal Court and upon conviction shall be subject to the following punishments:
1. 
For a first (1st) offense a fine of not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00) together with court cost.
2. 
For a second (2nd) or subsequent offense a fine of not less than two hundred fifty dollars ($250.00) and not more than five hundred dollars ($500.00) together with court cost.
[Ord. No. 397, 12-14-2009]
A. 
It shall be unlawful for any owner or keeper of any animal within the City limits of Kahoka, Missouri, to chain or tether any animal on a chain or tether of less than fifteen (15) feet in length which does not have swivels on both ends and be of such construction and weight to allow the animal so chained or tethered to be able to move freely on said chain or tether; no cables larger than one quarter (¼) inch, chock chains, chock collars, log chains or wire shall be used as a chain or tether for any animal and all tethers and chains must be mounted in such a manner as to be at a sufficient distance for any object to prevent tangling of the chain or tether from extending over an object or an edge that could result in strangulation of the animal.
B. 
Penalty. Any person who violates the terms of this Section shall be deemed guilty of a misdemeanor and may be subject to the immediate impoundment and forfeiture of the animal held if so ordered by the Municipal Court and upon conviction shall be subject to the following punishments:
1. 
For a first (1st) offense a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) together with court cost.
2. 
For a second (2nd) or subsequent offense a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) together with court cost.
[Ord. No. 397, 12-14-2009]
The Chief of Police, any Police Officer or the City Attorney for the City of Kahoka may for the purpose of enforcing the provisions of this Chapter seek a search warrant from the Clark County Circuit Court, Municipal Division or other appropriate court to enable Police Officers and Animal Control Officers to enter private property in order to inspect, care for or impound abandoned, vicious, neglected or abused animals or other animals found to be in violation of this Chapter. The application for said search warrant and the standard for issuance of it shall be made in conformity with the provisions of Section 542.276, RSMo. A person acting under the authority of a warrant issued by the court shall not be liable for any necessary damage done to subject property when acting under such warrant.