A.
Animal Abuse. A person is guilty of animal abuse when a
person intentionally or purposely kills an animal in any manner not
allowed by or expressly exempted from the provisions of Sections 578.005,
578.023 and 273.030, RSMo., which are incorporated by reference herein
to this Article; purposely or intentionally causes injury or suffering
to an animal; or having ownership or custody of an animal and knowingly
fails to provide adequate care or adequate control.
B.
Animal Neglect And Abandonment. A person is guilty of animal
neglect when he or she has custody or ownership of an animal and fails
to provide adequate care or adequate control, which results in harm
to the animal. A person is guilty of abandonment when he or she has
knowingly abandoned (left) an animal in any place without making provisions
for its adequate care.
C.
Impoundment And Disposition Of Abused, Neglected And Abandoned Animals.
1.
A duly authorized Public Health Official, Law Enforcement Official
or Animal Control Officer may impound any animal found outside of
the owned or rented property of the owner or custodian of such animal
when such animal shows evidence of neglect or abuse.
Any animal impounded pursuant to this Section shall be:
a.
If the owner can be ascertained and the animal is not diseased or
disabled beyond recovery for any useful purpose, held for recovery
by the owner. The owner shall be notified within five (5) business
days of impoundment by phone or by mail of the animal's location and
recovery procedures. The animal shall be held for ten (10) business
days. An animal unclaimed after ten (10) business days may be put
up for adoption or humanely killed;
b.
Placed in the care or custody of a veterinarian, the appropriate
animal control authority or animal shelter. The animal shall not be
disposed of, unless diseased or disabled beyond recovery for any useful
purpose, until after expiration of a minimum of five (5) business
days, during which time the public shall have clear access to inspect
or recover the animal through time periods ordinarily accepted as
usual business hours. After five (5) business days, the animal may
be put up for adoption or humanely killed; or
c.
If diseased or disabled beyond recovery for any useful purpose as
determined by a Public Health Official, Law Enforcement Official,
veterinarian or Animal Control Officer, humanely killed.
2.
The owner or custodian of an animal impounded pursuant to this Section
shall be liable for reasonable costs for the care and maintenance
of the animal. Any person incurring reasonable costs for the care
and maintenance of such animal shall have a lien against such animal
until the reasonable costs have been paid and may put up for adoption
or humanely kill any animal if such costs are not paid within ten
(10) days after demand. Any monies received for an animal adopted
pursuant to this Subsection in excess of such costs shall be paid
to the owner of such animal.
3.
The owner or custodian of any animal killed pursuant to this Section
shall be entitled to recover the actual value of the animal up to
but not to exceed six hundred dollars ($600.00) if the owner or custodian
shows that such killing was unwarranted, if the animal was properly
tagged for ease of contacting owner.
In addition to any other penalty imposed by this Section, the
court may order a person found guilty of animal abuse, neglect or
abandonment to pay all reasonable costs and expenses necessary for:
a.
The care and maintenance of abused animals within the person's custody
or ownership;
b.
The disposal of any dead or diseased animals within the person's
custody or ownership;
c.
The reduction of resulting organic debris affecting the immediate
area of the neglect or abandonment; and
d.
The avoidance or minimization of any public health risks created
by the abuse of the animals.
4.
Neglected or abused animal not to be returned to owner or
custodian, when. If a person is adjudicated guilty of the
crime of animal neglect or abuse and the court having jurisdiction
is satisfied that an animal owned or controlled by such person would
in the future be subject to such neglect or abuse, such animal shall
not be returned to or allowed to remain with such person, but its
disposition shall be determined by the court.
5.
Exceptions. The provisions of this Article shall
not apply to the following:
a.
Care or treatment performed by a licensed veterinarian within the
provisions of Chapter 340, RSMo.;
b.
Bona fide scientific experiments;
c.
Hunting, fishing or trapping as allowed by Chapter 252, RSMo., including
all practices and privileges as allowed under the Missouri Wildlife
Code;
d.
Rodeo practices currently accepted by the Professional Rodeo Cowboy's
Association;
e.
The killing of an animal by the owner thereof, the agent of such
owner or by a veterinarian at the request of the owner thereof; a
shelter, a veterinarian or Law Enforcement or Health Official;
f.
The lawful, humane killing of an animal by an Animal Control Officer,
the operator of an animal shelter, a veterinarian or Law Enforcement
or Health Official;
g.
With respect to farm animals, normal or accepted practices of animal
husbandry;
h.
The killing of an animal by any person at any time if such animal
is outside of the owned or rented property of the owner or custodian
of such animal and the animal is injuring any person or farm animal,
but shall not include Police or guard dogs while working;
i.
Field trails, training and hunting practices as accepted by the Professional
Houndsmen of Missouri;
j.
The killing of house or garden pests.
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.
No person shall willfully administer or maliciously place, leave
or expose any poisonous substance or ingredient in any place accessible
to wildlife and domesticated animals, with the intent to kill or harm
them.
No person shall sell, offer for sale, barter or give away any
animals, for pets or novelties, which have been dyed or otherwise
color treated.
