City of Kennett, MO
Dunklin County
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Table of Contents
Table of Contents
[Ord. No. 2023 §1, 8-18-1987; Ord. No. 2640 §1, 12-18-2001]
As used in this Chapter, the following terms are defined below:
ANIMAL
Every non-human species of animal, both domestic and wild.
ANIMAL-AT-LARGE
Any animal not under the restraint of a person capable of controlling the animal and/or off the premises of the owner.
ANIMAL SHELTER
Any facility operated by a humane society, or municipal agency or its authorized agents, for the purpose of impounding animals, under the authority of this Chapter or State law for care, confinement, return to owner, adoption, or euthanasia.
AUCTION
Any place or facility where animals are regularly bought, sold, or traded, except for those facilities otherwise defined in this Chapter. This Section does not apply to individual sales of animals by owners.
CIRCUS
A commercial variety show featuring animal acts for public entertainment.
COMMERCIAL ANIMAL ESTABLISHMENT
Any pet shop, grooming shop, guard dog auction, riding school or stable, zoological park, circus, performing animal exhibition, or boarding or breeding kennel.
1. 
Any dog which, according to the records of the appropriate authority, has inflicted severe injury on a human being without provocation on public or private property, or
2. 
Any dog which, according to the records of the appropriate authority, has killed a domestic animal without provocation while off the owner's property, or
3. 
Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting, or
4. 
Any dog, not owned by a governmental or law enforcement unit, used primarily to guard public or private property, or
5. 
Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of human beings or domestic animals, or
6. 
Any dog which, when unprovoked, chases or approaches a person upon the streets, sidewalks or any public or private property in a menacing fashion or apparent attitude of attack.
7. 
(Reserved)[1]
GROOMING SHOP
A grooming establishment where animals are bathed, clipped, plucked, or otherwise groomed.
GUARD DOG
Any dog that will detect and warn its handler that an intruder is present in/or near an area that is being secured.
HUMANE OFFICER or ANIMAL CONTROL OFFICER
Any person designated by the State of Missouri, a municipal government, or a humane society as a Law Enforcement Officer who is qualified to perform such duties under the laws of this State.
KENNEL or CATTERY
Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.
OWNER
Any person, partnership, or corporation owning, keeping, or harboring one (1) or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more, or if the owner is a minor, the term owner shall include the parent or legal guardian of such minor.
PERFORMING ANIMAL EXHIBITION
Any spectacle, display, act, or event, other than circuses, in which performing animals are used.
PET or COMPANION ANIMAL
Any animal kept for pleasure rather than utility; an animal of a species that has been bred and raised to live in or about the habitation of humans and is dependent on people for food and shelter.
PET SHOP
Any person, partnership, or corporation, whether operated separately or in connection with another business enterprise (except for a licensed kennel), that buys, sells, or boards any species of animal.
PUBLIC NUISANCE
Any animal or animals that unreasonably annoy humans, endanger the life or health of other animals or persons, 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;
5. 
Excessively makes disturbing noises, including, but not limited to continued repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
6. 
Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
7. 
Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;
8. 
Is offensive or dangerous to the public health, safety, or welfare by virtue of the number and/or types of animals maintained;
9. 
Attacks other domestic animals; or
10. 
Has been found by the Commission for Animal Control, after notice to its owner and a hearing, to be a public nuisance animal by virtue of being a menace to the public health, welfare, or safety.
RESTRAINT
Any animal secured by a leash or lead under the control of a responsible person and obedient to that person's commands, or within the real property limits of its owner pursuant to the appropriate restrictions.
RIDING SCHOOL OR STABLE
Any place that has available for hire, boarding, and/or riding instruction, any horse, pony, donkey, mule, or burro; or any place that regularly buys, sells, or trains the above animals, including a racetrack, trotting track, or rodeo.
SEVERE INJURY
Any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
VETERINARY HOSPITAL
Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.
VICIOUS ANIMAL
Any animal that attacks, bites, or injures human beings or domesticated animals without adequate provocation, or which, because of temperament, conditioning, or training, has a known propensity to attack, bite, or injure human beings or domesticated animals.
WILD ANIMAL
Any living member of the animal kingdom, including those born or raised in captivity, except the following: human beings, domestic dogs (excluding hybrids with wolves, coyotes, or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents, any hybrid animal that is part wild, and captive-bred species of common caged birds, and any animal for which the owner has previously obtained a permit from the State Department of Conservation.
ZOOLOGICAL PARK
Any facility operated by a person, partnership, corporation, or government agency, other than a pet shop or kennel, displaying or exhibiting one (1) or more species of nondomesticated animals.
[1]
Editor’s Note: Former Subsection (7), which listed any pit bull dog as a dangerous dog, was repealed 12-16-2014 by Ord. No. 2954 §1.
[Ord. No. 2023 §2, 8-18-1987; Ord. No. 2632 §1, 10-16-2001]
A. 
There shall be established an Animal Control Commission consisting of the Health Committee, the Chairman of the Finance Committee and the Humane Officer. The Chairman of the Health Committee shall serve as Chairman of the Animal Control Commission. The Animal Control Commission shall meet at the call of the Chairman and do the following:
1. 
Recommend to the City Council, rules and regulations concerning the operation of the animal shelter, standards for the collection, care, custody and disposal of animals at large and public nuisance animals, and standards for the maintenance of holding facilities and guard and sentry dogs.
2. 
Review the proposed budget of the animal-control shelter and make the recommendations to the Director of Finance in accordance with the City Budget procedure.
3. 
Prepare and present the Animal Control Commission Budget to the Chairman of the Finance Committee.
4. 
Upon written complaint, conduct a public hearing to determine if an animal, or holding facility, is a public nuisance animal or holding facility or dangerous animal.
5. 
Upon written request, to hear and decide appeals of licensees whose licenses have been revoked by the Health Officer, and revoke any license upon its own motion for violation of this Chapter.
6. 
Recommend to the City Council necessary changes in the law regarding the control of animals.
B. 
Upon receipt of an "Affidavit of Complaint" signed by two (2) or more residents of Kennett made under oath before an individual authorized by law to take sworn statements, setting forth the nature and the date of the act, the owner of the animal, the address of the owner and the description of the animal doing such act, the Animal Control Commission shall investigate the complaint to determine if, in fact, the animal is dangerous.
C. 
The Animal Control Commission shall determine whether to declare the animal to be a "dangerous animal" based upon evidence and testimony presented at the time of the hearing by the owner, witnesses to any incident(s) which may be considered germane to such a determination, Health Department personnel, Animal Control personnel, Police or any other person possessing information pertinent to such determination. The Animal Control Commission shall issue written findings within five (5) days after the determination hearing.
D. 
No dog may be declared dangerous 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 — Section 210.030 "licensing of dangerous dogs" was superseded by ord. no. 2774 which is set out in Section 210.035 below. This section has been removed at the direction of the city. Former section 210.030 derived from ord. no. 2023 §3, 8-18-1987; ord. no. 2441 §1, 8-1-1995; ord. no. 2700 §§1 — 2, 1-20-2004. At the editor's discretion, this section has been reserved for the city's future use.
[Ord. No. 2774 §§1 — 2, 7-6-2006]
No person shall possess, own, keep, harbor, allow to be upon in or upon his premises or otherwise have custody of a "dangerous dog" within the City limits of the City of Kennett.
[1]
Editor's Note — All those who hold valid licenses for dangerous dogs issued pursuant to previous Section 210.030 of the Municipal Code shall be allowed to keep said dogs until the expiration of the present license period.
[Ord. No. 2023 §4, 8-18-1987]
A. 
No person, partnership or corporation shall operate a commercial animal establishment or animal shelter without first obtaining a permit in compliance with this Section.
B. 
The licensing authority shall promulgate regulations for the issuance of permits and shall include requirements for humane care of all animals and for compliance with the provisions of this Chapter and other applicable laws. The licensing authority may amend such regulations from time to time as deemed desirable for public health and welfare and for the protection of animals.
C. 
When a permit applicant has shown that he/she is willing and able to comply with the regulations promulgated by the licensing authority, a permit shall be issued upon payment of the applicable fee.
D. 
The permit period shall begin with the fiscal year and shall run for one (1) year. Renewal applications for permits shall be made thirty (30) days prior to, and up to sixty (60) days after, the start of the fiscal year. Application for a permit to establish a new commercial animal establishment under the provisions of this Chapter may be made at any time.
E. 
If there is a change in ownership of a commercial animal establishment, the new owner may have the current permit transferred to his/her name upon payment of a ten dollar ($10.00) transfer fee.
F. 
No person shall train any dog to be used as a guard or sentry dog without possessing a valid license. This Section shall not apply to the City Government or any of its agencies. The application for a guard or sentry dog training license shall state the name and address of the owner and trainer, location of the facility, and the maximum number of dogs to be housed at the training facility.
G. 
Annual permits shall be issued upon payment of the applicable fee:
Kennel authorized to house fewer than ten (10) dogs or cats
$50.00
Kennel authorized to house ten (10) or more but fewer than fifty (50)
$100.00
Kennel authorized to house fifty (50) or more dogs or cats
$150.00
Pet Shop
$100.00
Riding Stable
$100.00
Auction
$100.00
Zoological Park
$200.00
Circus
$200.00
Grooming Shop
$50.00
Guard-Dog Training Center
$200.00
H. 
Every facility regulated by this Chapter shall be considered a separate enterprise requiring an individual permit.
I. 
Persons operating kennels for the breeding of dogs or cats may elect to license such animals individually.
J. 
No fee may be required of any veterinary hospital, animal shelter, or government-operated zoological park.
K. 
Failure to obtain a permit before opening any facility covered in this Section shall result in a fine of two hundred dollars ($200.00).
L. 
Any person who has a change in the category under which a permit was issued shall be subject to reclassification and readjustment of the permit fee.
[Ord. No. 2023 §5, 8-18-1987]
A. 
After an application is filed, the licensing authority shall inspect the facility prior to issuing the permit. The licensing authority may revoke any permit or license if the person holding the permit or license refuses or fails to comply with this Chapter, the regulations promulgated by the licensing authority, or any law governing the protection and keeping of animals.
B. 
Any person whose permit or license is revoked shall, within ten (10) days thereafter, humanely dispose of all animals owned, kept or harbored. No part of the permit or license fee shall be refunded.
C. 
It shall be a condition of the issuance of any permit or license that the licensing authority shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for such inspection is refused, revoke the permit or license of the refusing owner.
D. 
If the applicant has withheld or falsified any information on the application, the licensing authority shall refuse to issue a permit or license.
E. 
No person who has been convicted of cruelty to animals shall be issued a permit or license to operate a commercial animal establishment.
F. 
Any person having been denied a license or permit may not reapply for a period of thirty (30) days. Each reapplication shall be accompanied by a ten dollar ($10.00) fee.
[Ord. No. 2023 §6, 8-18-1987; Ord. No. 2774 §§1 — 2, 7-6-2006]
A. 
All dogs shall be kept under restraint.
B. 
No owner shall fail to exercise proper care and control of his/her animals to prevent them from becoming a public nuisance.
C. 
(Reserved)
D. 
All dogs in excess of thirty (30) pounds shall be in an enclosure or in a house.
E. 
(Reserved)
[Ord. No. 2023 §7, 8-18-1987]
A. 
Unrestrained dogs and nuisance animals shall be taken by the Police, Animal Control Officer, or Humane Officer and impounded in an animal shelter and there confined in a humane manner.
B. 
Impounded dogs and cats shall be kept for not fewer than five (5) working days.
C. 
If, by a license tag or other means, the owner of an impounded animal can be identified, the Animal Control Officer shall immediately upon impoundment, notify the owner by telephone or certified mail.
D. 
Any owner reclaiming an impounded cat shall pay a fee of ten dollars ($10.00) and three dollars ($3.00) for each day the animal has been impounded. Subsequent impounds occurring within twelve (12) months are charged double.
E. 
An owner reclaiming an impounded dog shall pay a fee of ten dollars ($10.00) and three dollars ($3.00) for each day the animal has been impounded. Subsequent impounds occurring within twelve (12) months are charged double.
F. 
Any animal not reclaimed by its owner within five (5) working days, shall become the property of the local government authority or humane society and shall be placed for adoption in a suitable home or humanely euthanized by sodium pentobarbital, FP-3, or cooled and bottled carbon monoxide only.
G. 
In addition to, or in lieu of, impounding an animal found at large, the Animal Control Officer, Humane Officer, or Police Officer may issue to the known owner of such animal, a notice of ordinance violation. Such notice shall impose upon the owner a penalty of ten dollars ($10.00) that may, at the discretion of the animal owner, be paid to any agency designated by the licensing authority within seventy-two (72) hours in full satisfaction of the assessed penalty. In the event that such penalty is not paid within the time period prescribed, a criminal warrant shall be initiated before the City Court and upon conviction of a violation of the ordinance, the owner shall be punished as provided in Section 210.150 of this Chapter.
H. 
The owner of an impounded animal may also be proceeded against for violation of this Chapter.
I. 
The licensing authority shall review automatically all licenses issued to animal owners against whom three (3) or more ordinance violations have been assessed in a twelve (12) month period.
J. 
The Shelter Director shall keep complete and accurate records of the care, feeding, veterinary treatment and disposition of all animals impounded at the shelter.
K. 
Any dog involved in a fatal attack on a human being, or attack that results in severe injury to a human being, whether provoked or unprovoked, the animal shall be confiscated and after fourteen (14) days observation period, the dog shall be humanely euthanized.
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, including, but not limited to, knowingly abandoning an animal in any place without making provisions for its adequate care which results in substantial harm to the animal.
B. 
All fines and penalties for a first conviction of animal neglect may be waived by the court provided that 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.
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.
3. 
Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.
B. 
For purposes of this Section, "animal" shall be defined as a mammal.
A. 
It is unlawful for any person to:
1. 
Own, possess, keep, or train any dog, with the intent that such dog shall be engaged in an exhibition of fighting with another dog;
2. 
For amusement or gain, cause any dog to fight with another dog, or cause any dogs to injure each other; or
3. 
Permit any act as described in Subdivision (1) or (2) of this Subsection to be done on any premises under his/her charge or control, or aid or abet any such act.
B. 
Any person who is knowingly present, as a spectator, at any place, building, or structure where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in Subsection (A)(2) of this Section, with the intent to be present at such exhibition, fighting, or injuring is guilty of a misdemeanor.
C. 
Nothing in this Section shall be construed to prohibit:
1. 
The use of dogs in the management of livestock by the owner of such livestock or his/her employees or agents or other persons in lawful custody of such livestock;
2. 
The use of dogs in hunting; or
3. 
The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law.
[Ord. No. 2023 §9, 8-18-1987]
A. 
No person shall own, possess, or have custody, on his/her premises, of any wild or vicious animal for display, training, or exhibition purposes, whether gratuitously or for a fee. This Section shall not be construed to apply to AAZPA accredited facilities.
B. 
No person shall keep or permit to be kept, any wild animal as a pet, unless having previously obtained a permit from the State Department of Conservation.
C. 
The licensing authority shall have the power to release or order the release of any infant wild animal under temporary permit that is deemed capable of survival.
[Ord. No. 2023 §10, 8-18-1987]
A. 
No person may sponsor, promote, train a wild animal to participate in, contribute to the involvement of a wild animal in, or attend as a spectator any activity or event in which any wild animal is wrestled, fought, mentally or physically harassed, or displayed in such a way that the animal is abused or stressed mentally or physically or is induced or encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a manner that will cause or is likely to cause physical injury or suffering. This prohibition applies to events and activities taking place in either public or private facilities or property, and applies regardless of the purpose of the event or activities and irrespective of whether or not a fee is charged to spectators.
B. 
All equipment used on a performing animal shall fit properly and be in good working condition.
[Ord. No. 2023 §11, 8-18-1987]
The owner of every animal shall be responsible for the removal of any excreta deposited by his/her animal(s) on public walks, recreational areas, or private property.
[Ord. No. 2023 §12, 8-18-1987]
The civil and criminal provisions of this Chapter shall be enforced by those persons or agencies designated by municipal authority. It shall be a violation of this Chapter to interfere with a Humane Officer in the performance of his/her duties.
[Ord. No. 2023 §13, 8-18-1987; Ord. No. 2441 §2, 8-1-1995]
Any person violating any provision of this Chapter, except Section 210.160 shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00). If a violation continues, each day's violation shall be deemed a separate violation. If any person is found guilty by a court of violating Section 210.030, his/her permit to own, keep, harbor, or have custody of animals shall be deemed automatically revoked and no new permit may be issued.
[Ord. No. 203 §2, 8-18-1942; Ord. No. 1472 §1, 1-4-1972; Ord. No. 2018 §1, 7-7-1987]
A. 
It shall be unlawful for any person, firm, association, corporation, his, its or their agents or employees within the corporate limits of the City of Kennett, Missouri, to own, keep or use any stock yard, pen, place or premises in or upon which any number of hogs, swine, horses, mules, ponies, cattle, and or goats shall be kept or maintained.
B. 
Every person, firm, association, corporation or his, its or their agents or employees, who shall use or maintain any stock yard, pen, stable, shed or other structure, or any lot or other premises contrary to the provisions of this Section shall be deemed guilty of a misdemeanor, and shall be fined not less than one dollar ($1.00), nor more than one hundred dollars ($100.00), and every day any such pen, stock yard, stable, shed or other structure, or any lot or other premises, shall be so used, shall be deemed a separate offense, punishable as in the first instance.
C. 
Provided however, this Section shall not affect any person, firm or corporation who owns and maintains a hog pen, horses, mules, ponies, cattle and/or goat enclosure on a lot with a minimum area of one (1) acre per animal so confined, provided further, that any such person confining such animals in such enclosure must own both the land under enclosure and the animals so enclosed.
[CC 1929 Ch 28 Art 7 §987]
Whoever shall keep, harbor or maintain, upon any premises owned or occupied by him/her, any chickens, ducks, geese, turkeys or other domestic fowls, and permit the same to run at large upon the land, lot, garden or enclosure of another, to the damage or annoyance of such other person, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than one dollar ($1.00), nor more than ten dollars ($10.00).