[Ord. No. 157 §6.010, 7-11-1983]
There is hereby created the position of Animal Control Officer,
who shall be appointed by the Mayor with the advice and consent of
the Board of Aldermen. It shall be the duty of the Animal Control
Officer to enforce the provisions and carry out the duties prescribed
by this Article. The Animal Control Officer, and such assistants as
he/she may designate, shall have the powers of police officers of
this City insofar as may be reasonably necessary in carrying out the
duties and functions of this Article.
[Ord. No. 157 §6.020, 7-11-1983]
The Mayor may, with the advice and consent of the Board, and
the advice of the Animal Control Officer, establish a City pound under
the supervision and direction of the Animal Control Officer, for the
reception and humane care of sick, injured, diseased or impounded
animals. The Animal Control Officer may establish rules and regulations
to be approved by the Board of Aldermen. The City may utilize as an
animal shelter any facility owned or operated by a licensed doctor
of veterinary medicine under the terms of, a contract or agreement
to be approved by the City and the veterinarian.
[Ord. No. 157 §6.030, 7-11-1983]
The following terms, as used in this Article, shall be deemed
to have the following meanings:
A facility for the impoundment of animals in accordance with
the provisions of this Article, whether said facility is owned, operated,
constructed or maintained by the City of Hallsville, or by a licensed
doctor of veterinary medicine with whom the City has contracted to
perform the service of animal impoundment.
Those animals that have reproduced while in captivity in
the U.S. for at least two hundred (200) generations (with the burden
of such proof resting entirely on the owner). A particular animal
shall not be regarded as domesticated unless both parents are domesticated
animals.
Any one of the following:
Any mammal not native to the continental United States;
Any mammal not generally accustomed to live in or near human
populations;
Any mammal not considered to be a member of the class generally
referred to as "domesticated animals";
Reptiles or poisonous arthropods;
All non-human primates;
All animals listed on the endangered species list as designated
by the U.S. Department of Interior in the Endangered Species Act of
1969;
All animals protected from hunting and capture by federal and
state law;
All predatory birds.
Includes cattle, horses, mules, goats, sheep, hogs, rabbits
and chickens, ducks, geese, turkeys or any other domestic fowl or
domestic beast.
Includes natural persons and business entities, their agents,
officers, and anyone having an ownership interest therein.
[Ord. No. 157 §6.040, 7-11-1983; Ord.
No. 6.040 and 6.100 §1, 1-9-1989; 6-3-1991]
A.
No person shall own, keep, harbor or permit to be or remain on or
about his/her premises any dog or cat over three (3) months of age
upon which the animal license tax has not been paid.
B.
No person shall own, keep, harbor or permit to be or remain on or
about his/her premises any dog or cat which, if over (3) months of
age, has not been vaccinated by a licensed veterinarian with a vaccine
which will be effective during the full term for which said license
is issued.
[Ord. No. 157 §6.050, 7-11-1983]
No person or corporation shall sell, or offer for sale, within the limits of the City of Hallsville, any exotic animal, as defined in Section 205.030 hereof.
[Ord. No. 157 §6.060, 7-11-1983]
A.
At any time prior to the disposal of any animal, fowl or reptile,
as herein defined, by the Animal Control Officer, the owner thereof
may redeem such animal upon proof satisfactory to the Animal Control
Officer of ownership thereof and upon paying a boarding fee of fifty
dollars ($50.00) for each day or part of day said animal has been
impounded.
[Ord. No. 360, 4-8-2019]
B.
In addition to paying the fees prescribed in Subsection (1) hereof,
if the animal is a domestic dog or cat, the owner thereof may redeem
such animal only upon further proof satisfactory to the Animal Control
Officer that the same has been vaccinated for rabies by a licensed
veterinarian with a vaccine which will be effective during the full
term for which the animal license tax, if any, is issued. If an owner
seeks to redeem an animal required to be vaccinated for rabies and
cannot present satisfactory proof of such vaccination, and that said
vaccination, if any, will be effective during the full term for which
the animal license tax was issued, then the Animal Control Officer
shall, prior to releasing such animal, cause the same to be vaccinated
for rabies by a licensed veterinarian and the cost of such vaccination
shall be paid by the owner.
C.
At the end of no less than three (3) days, except as otherwise herein
provided, if an impounded animal, fowl or reptile has not been redeemed,
the Animal Control Officer is at liberty to dispose of such animal
in any one (1) of the following ways:
D.
All fees collected by the Animal Control Officer shall be paid over
to the City Clerk.
[Ord. No. 157 §6.070, 7-11-1983]
Each licensed veterinarian engaged in such practice within the
City shall, upon application to the City Clerk, be appointed by the
City Clerk as a Deputy Collector for the sole purpose of collecting
the animal license tax and issuing a certificate and metallic tag,
to be supplied by the City Clerk, evidencing payment of such tax.
Such deputy collectors shall be accountable to the City Clerk for
such metallic tags and certificates received, and all license taxes
collected. It shall be a misdemeanor for any Deputy Collector to fail
to pay over to the City Clerk the license tax herein provided to be
paid to said City Clerk. In addition to penalties provided by law
for misdemeanor, the City Clerk may revoke said Deputy Collector's
appointment and remove him/her from office.
[Ord. No. 157 §6.080, 7-11-1983]
The City Clerk shall provide each Deputy Collector with a sufficient
number of metallic tags of convenient size and shape, having cast
thereon in sunken letters the number of the license and the year of
issue, and take his/her receipt therefor. The Deputy Collector shall
furnish to all animal owners paying the animal license tax one of
such tags and a certificate of license, the license number of the
tag to correspond with that on the certificate. The license certificate
shall consist of an original and two (2) duplicate originals. The
certificate shall contain the number of license, date of issuance,
the name and address of the owner, and a description of the licensed
animal. It shall bear the facsimile signature of the City Clerk, and
shall be countersigned by the Deputy Collector. The Deputy Collector
shall deliver the original of such license certificate to the owner
upon payment of the license tax and vaccination of the licensed animal.
One duplicate original shall be given to the Animal Control Officer
and one duplicate original to the City Clerk.
[Ord. No. 157 §6.090, 7-11-1983]
Prior to issuing a license tax certificate and license tag,
the Deputy Collector shall require the owner to present satisfactory
evidence that the animal has been vaccinated for rabies and that said
vaccination, if any, will be effective during the full term for which
such animal license is issued. If the owner cannot present said satisfactory
evidence of such vaccination, the Deputy Collector shall, before issuing
a license certificate, cause the animal to be vaccinated for rabies
at the expense of the owner. In evidence of such vaccination, the
Deputy Collector shall issue to the owner an appropriate certificate
of such vaccination bearing the date of vaccination, vaccination certificate
number, and the name and address of the veterinarian.
[Ord. No. 157 §6.100, 7-11-1983; Ord.
No. 6.040 and 6.100 §2, 1-9-1989; 6-3-1991]
A.
Except as provided hereinafter, there is hereby levied for each domestic
dog and cat over the age of three (3) months, harbored or owned within
the City a license fee of five dollars ($5.00) for any period of time
not to exceed one (1) year. Upon receipt of written verification of
vaccination and upon payment of the applicable fee, the City shall
issue a license for said domestic dog or cat to the applicant.
B.
In the event the domestic dog or cat to be licensed has been neutered
or spayed, and written verification of neutering provided by the applicant,
the annual license fee for said neutered or spayed dog or cat shall
be reduced from five dollars ($5.00) to three dollars ($3.00).
C.
Any
person violating, neglecting or refusing to comply with the requirement
to purchase a City animal license shall pay an additional fee of twenty-five
($25.00) at the time the license exceeds sixty (60) days past one
(1) year. City animal licenses are due in August of each year. If
an animal is picked up running at large and is not licensed after
the sixty (60) days the cost of the license is due in addition to
the twenty-five dollar ($25.00) fee and shall be punished by a fine
of not less than twenty-five dollars ($25.00) nor more than five hundred
dollars ($500.00).
[Ord. No. 342, 12-11-2017]
[Ord. No. 157 §6.110, 7-11-1983]
No person shall, at any time, keep, harbor, or own, at one (1)
location within the City, more than four (4) dogs or cats over the
age of six (6) months. This provision shall not apply to a lawfully
operated commercial kennel, a kennel maintained in connection with
a small animal hospital, or the City Pound. All structures, pens,
coops or yards wherein animals or fowl are kept or permitted to be,
shall be maintained in a clean and sanitary condition at all times,
devoid of all rodents and vermin, and free from offensive, disagreeable
or noxious smell or odor to the injury, annoyance or inconvenience
of any inhabitant of the neighborhood. The interior walls of all such
structures shall be whitewashed or painted annually or more often,
as the Animal Control Officer shall direct. The enclosed area of all
such structures shall be constructed in such a way as to be dry at
all times on the inside. The Animal Control Officer may at any time
inspect, or cause to be inspected, any structure or premises and issue
any such order as may be necessary to carry out the provisions of
this Section.
[Ord. No. 157 §6.120, 7-11-1983]
A.
Any person who shall impound or confine, or cause to be impounded
or confined, in any pound, or other place, any animal or creature,
and fail to supply the same during such confinement with sufficient
food and water, or shall cruelly overwork any domestic animal or shall
cruelly drive or work the same when unfit for labor, or shall fail
to provide the same with proper food, drink, shelter or protection
from the weather, or shall cruelly abandon the same to die, or shall
carry or cause the same to be carried, moved or kept in or upon any
vehicle in a cruel or inhumane manner, shall be deemed guilty of a
misdemeanor. Nothing in this Section shall be construed so as to prevent
a person from taking whatever action is necessary to defend himself,
another individual or an animal when endangered by an animal attack.
B.
The Central Missouri Humane Society shall have the power and be authorized to make recommendation to the Animal Control Officer or his/her authorized representative, that animals be removed from private owners and placed in the custody of said Animal Control Officer or his/her authorized representative in cases where the health or safety of the animal is, in the opinion of the Animal Control Officer or his/her representative, in immediate danger. Said Animal Control Officer or his/her representative shall have the power to remove such animals, except from houses, without the consent of the owners, for the protection of the animals, and shall have the right to retain custody of such animals until the threat to the health or safety of the animals, in the opinion of the Animal Control Officer or his/her representative, has been removed. Any expense incurred in such impoundment becomes a lien on the animal impounded and must be discharged before the animal is released from the custody of the Animal Control Officer or his/her representative. Fees for dogs, cats and other small animals shall be consistent with Section 205.060 of this Article. In the case of large animals, private livestock haulers, stables, and other services may be utilized by the Animal Control Officer or his/her representative. The actual cost to the City for these services shall be charged in lieu of the schedule set forth in Section 205.060.
C.
When the impounded animal is not claimed by its owner and all impoundment costs satisfied within no less than three (3) days from the date of impoundment, such animal may be sold at public or private sale for fair consideration to a person capable of providing care consistent with this Article, with the proceeds of that sale applied first to discharge of the lien, and any balance to be paid over to the owner. If no purchaser is found, the animal may be disposed of in a manner consistent with Section 205.060 of this Article.
D.
Any person who shall interfere with the Animal Control Officer or his/her authorized representative in the performance of his/her duties, as set forth in Subsections (B) and (C) above, shall be deemed guilty of a misdemeanor.[1]
[1]
Editor's Note: Original §6.130, Keeping of Livestock
Within the City, was repealed 3-9-1998 by Ord. No. 214.
[Ord. No. 157 §6.140, 7-11-1983]
Every person owning land within the City upon which livestock
is kept or permitted to be kept, by the landowner or otherwise, shall
confine or restrict such livestock at all times to such property.
Failure to so confine or restrict livestock kept or permitted to be
kept within the City shall be a misdemeanor.
[Ord. No. 157 §6.150, 7-11-1983]
Every person owning land within the City upon which livestock
is kept or permitted to be kept, by the landowner or otherwise, shall
provide and maintain fences, corrals, tethers or similar devices to
confine or restrict livestock to such property. Whenever it is determined
that the aforementioned devices are lacking, inadequate, or not in
good repair by the Animal Control Officer, such Animal Control Officer
shall notify the landowner in writing he/she is not in compliance
with this Article and shall order the landowner to provide, replace,
reinforce or repair such devices within ten (10) days. Failure to
comply with such order within ten (10) days shall be a misdemeanor.
[Ord. No. 157 §6.160, 7-11-1983]
Any livestock found upon property not owned or controlled by
the livestock owner and not under the control of some competent person
may be captured and impounded by the Animal Control Officer or any
person designated by him/her. The owner of impounded livestock shall
be liable for all reasonable charges for capturing and impounding
such livestock, including all charges incidental thereto. In the event
that impounded livestock is not claimed or charges associated with
the impoundment of livestock are not paid within fifteen (15) days,
the Animal Control Officer may direct that the livestock be sold at
public auction, which shall occur no sooner than ten (10) days after
notice of the time, date and place of sale, and a description of the
livestock and location of capture has been posted in at least five
(5) public places in the City. In case no bidders appear at such sale,
the Animal Control Officer may sell the livestock at private sale,
securing the best possible price. From the proceeds of any sale held
hereunder, the Animal Control Officer shall first deduct his/her charges
or expenses and pay his/her charges or expenses, and pay the balance
into the City Treasury, and such sums shall become a part of the General
Revenue Fund. If at any time prior to the sale, the owner of such
livestock shall exhibit satisfactory proof of his/her ownership, he/she
shall be entitled to redeem the livestock upon the payment of all
fees and expenses. If, within three (3) months after the sale of the
livestock, as above provided, the owner of any such livestock so sold
shall exhibit to the Board satisfactory proof of his/her ownership,
the proceeds coming into the City Treasury from such sale, after deduction
of all charges and expenses, shall be refunded to him/her. Should
the proceeds of the sale be inadequate to meet the City expenses,
the owner shall be billed for the unpaid balance.
[Ord. No. 157 §6.170, 7-11-1983]
Any person who shall, within the City, load, unload or transfer
from one vehicle to another vehicle any hogs, sheep, cattle or other
livestock in any public place, street or thoroughfare or on any private
premises, and any person who shall park or stand any vehicle in which
hogs, sheep, cattle or other livestock are loaded on any public place,
street or thoroughfare or on any unenclosed private premises for a
longer period than one (1) hour shall, upon conviction, be deemed
guilty of a misdemeanor; provided, however, that nothing herein contained
shall prohibit loading, unloading or transferring of hogs, sheep,
cattle or other livestock at any established and maintained stockyards,
slaughterhouse, stable barns, or in any enclosed building.
[Ord. No. 157 §6.180, 7-11-1983; 2-4-1991]
Except as provided for hereafter, any animal, fowl or reptile
which is found to be running at large upon any street or public place
of the City of Hallsville shall be taken up by the Animal Control
Officer and impounded in the City Pound. Any animal impounded pursuant
to this Section shall be released to its owner only upon payment of
the prescribed fee to the Animal Control Officer. Domestic cats are
hereby exempted from the provisions of this Section, and, therefore,
domestic cats shall not be subject to impoundment pursuant to this
Article.
[Ord. No. 157 §6.190, 7-11-1983]
No person shall own, keep or harbor any dog which by loud, continual
or frequent barking, howling or yelping, shall annoy or disturb any
neighborhood or any person, or which habitually barks at or chases
pedestrians, or vehicles, whatsoever, to the annoyance of such pedestrian
or drivers of such vehicles; provided, however, that this Section
shall not apply to the City Dog Pound.
[Ord. No. 330, 3-13-2017[1]]
A.
Any animal with the following characteristics shall be classified
as dangerous by the Board of Aldermen.
1.
Any animal which has inflicted a severe or fatal injury on a
human being on public or private property. "Severe injury" means any
physical injury resulting directly from an animal's bite, which results
in broken bones or lacerations requiring stitches or staples or hospitalization.
The victim receiving severe injuries as defined above must provide
the City of Hallsville with a signed physician's statement documenting
the injury and the treatment qualifying such as a severe injury.
2.
Any animal which has bitten a human being, without provocation,
on public or private property other than the property of the owner.
3.
Any animal which, while on the owner's property, has bitten,
without provocation, a human being other than the owner or a member
of the owner's family who normally resides at the place where the
animal is kept.
4.
Any animal, which while off the owner's property, has killed
a domestic animal, livestock or poultry without provocation.
5.
Any animal which, when unprovoked, chases or approaches a person
upon the streets, sidewalks or any public grounds, or private property
other than the property of the owner, in a menacing fashion or apparent
attitude of attack, regardless of whether or not a person is injured
by said animal.
6.
Any animal 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.
[Ord. No. 330, 3-13-2017]
A.
Any finding by the Chief of Police, a Police Officer or the City Administrator that an animal shall be designated as a "dangerous animal" shall be made by such person in a written notice prepared no later than ten (10) days after the incident occurred, based on one (1) or more of the proof provisions of Subsection (B).
B.
The Police Chief, a Police Officer or the City Administrator may
designate an animal as a "dangerous animal" upon a finding that an
animal comes under the definition of dangerous animal based upon one
(1) or more of the following:
1.
Actions of an animal personally witnessed by the Chief of Police,
a Police Officer or the City Administrator.
2.
Findings of guilt by a judge or pleas of guilt by a person in
Municipal Court or State Court involving an animal.
3.
Police records of animal incidents, if deemed reliable and sufficient
without additional information, or supplemented by additional information
obtained later. Such Police records include records involving cases
prosecuted in State Court or Municipal Court.
4.
A statement from a person that said person has personally witnessed
the actions of an animal that come within the provisions of dangerous
animal, if deemed reliable and sufficient.
[Ord. No. 410, 1-9-2023]
C.
If the Police Chief, a Police Officer or the City Administrator determines
that an animal comes within the provisions of dangerous animal and
thus is a "dangerous animal," then that designation shall be made
in a written notice which shall include the following information:
1.
A description of the animal, including breed, color and gender
if known;
2.
The name and address of the owner, if known;
3.
The dog or cat's license tag number (if any);
4.
The facts upon which the person made the determination to designate
the animal as a "dangerous animal"; and
5.
The current location of the animal if different from the owner's
address.
D.
The written notice designating an animal as a "dangerous animal"
shall be personally delivered to the animal's owner or to a member
of the animal owner's family or household seventeen (17) years of
age or older. The owner of the animal designated a "dangerous animal"
may within five (5) days from the date of delivery of the notice file
with the City Clerk a written request for an informal hearing before
a Hearing Board composed of the Mayor and two (2) Aldermen to contest
the facts and the designation of the owner's animal as a "dangerous
animal." The two (2) Aldermen to hear the informal appeals with the
Mayor shall be selected by the Board of Aldermen. If a written request
for an informal hearing before the Hearing Board is filed with the
City Clerk within the time permitted, the Hearing Board shall hold
a hearing to determine if the animal is a "dangerous animal." The
City Clerk shall provide at least five (5) days' notice of the date,
time and location of the hearing to the animal owner by personal delivery
of the hearing notice to the owner or to a member of the animal owner's
family or household seventeen (17) years of age or older, or by certified
mail to the animal owner (with delivery presumed two (2) days after
the date of mailing). The hearing shall be open to the public, and
all interested persons (including City personnel) shall be given an
opportunity to present evidence on the issue of whether the animal
is a "dangerous animal," provided that the Hearing Board may limit
testimony and written evidence that appears to be cumulative or not
relevant. The Hearing Board shall then decide at the conclusion of
the introduction of the evidence at the hearing whether to uphold
or set aside the designation of the animal as a "dangerous animal."
The decision of the Hearing Board shall be set forth in writing within
five (5) days of the hearing date and a copy shall be given to the
animal's owner and to the Police Department.
E.
If the Police Chief, a Police Officer or the City Administrator determines and designates an animal to be a "dangerous animal" under provisions of the City of Hallsville ordinances and that designation is not contested within the time allowed, or if the Hearing Board after the informal hearing upholds the designation made by a the Police Chief, a Police Officer or the City Administrator that an animal is a "dangerous animal" under the provisions of the City of Hallsville ordinances, then such designation or decision shall create a conclusive presumption that the animal designated as a "dangerous animal" is in fact and in law a "dangerous animal" under the provisions of the City of Hallsville ordinances, and the owner of such animal and the animal are subject to all the provisions of this Article. An animal designated a "dangerous animal" shall be subject to the provisions of this Article for the remainder of its life while kept within the City, regardless of who owns the animal. The provisions set forth in this Article shall be required to be complied with by the animal's owner and the animal beginning on the date set forth in the written notice designating the animal as a "dangerous animal," which date shall be no later than thirty (30) days from the date of delivery of the written notice as provided in Subsection (B) of this Section, or beginning on the date set by the Hearing Board in a decision where the Hearing Board upholds the "dangerous animal" designation made by the Police Chief, a Police Officer or the City Administrator, which date shall be no later than thirty (30) days from the hearing date.
[Ord. No. 330, 3-13-2017]
A.
The owner of a dangerous animal or any person upon whose property
is kept a dangerous animal shall confine such animal within a fully
enclosed structure from which the animal cannot escape. The enclosure
be secured to a floor or bottom or the sides must be embedded into
the ground at a depth sufficient to keep the animal from burrowing
under the fence. The sides of the enclosure must be of a height sufficient
to keep the animal from jumping or climbing out or it must include
a roof or top that will prevent the animal from escaping over the
sides. The door of such enclosure shall be locked with a combination
or keyed lock.
B.
When confined within a building, no dangerous animal shall be kept
in an area where windows or portions of doors are missing or any area
where a window screen or screen door are part of the enclosure keeping
the animal inside.
C.
Any enclosure in which a dangerous animal is kept shall be identified
by signs posted on the property advising others of the presence of
a dangerous or vicious animal. Signs must have letters at least two
(2) inches high containing the following: "BEWARE OF DANGEROUS ANIMAL
OR DOG."
D.
When a dangerous animal is not enclosed in a structure described
above, the animal shall be muzzled and confined to a leash or tether
no longer than six (6) feet and securely held by a person who is capable
of restraining the animal. The muzzle shall be a cage-type muzzle
that covers the mouth and the snout of the animal.
E.
A person commits the offense of failing to confine a dangerous animal
if an animal owned by him or her, or an animal upon any premises occupied
by him or her or under his or her control, having been determined
to be a dangerous animal is not confined in accordance of this Section.
[Ord. No. 330, 3-13-2017; Ord. No. 410, 1-9-2023]
A.
A dangerous animal may be destroyed by the Boone County Animal Control
under the following circumstances.
1.
The Chief of Police or Officer of the City may author a warrant to
the Circuit Court and request an expedited court date to order the
dangerous animal to be destroyed.
2.
With permission of the animal’s owner or person having the
animal under his or her control by signing a form from the Hallsville
Police Department, at the time of the incident, in lieu of a warrant.
B.
Reasons
for a dangerous animal to be destroyed include:
1.
Upon a second conviction for failing to confine a dangerous animal
for actions related to the same animal, regardless to whether charged
and convicted in the first case is the same person that owns or is
keeping the animal at the time the summons issued in the second case;
2.
If the dangerous animal has committed severe injury to any person,
as defined in this Article.
[Ord. No. 330, 3-13-2017]
A.
Any animal which bites, injures or attacks any person or any domestic
animal shall be taken up immediately and impounded by the Chief of
Police or any Police Officer of the City for a period of ten (10)
days at a designated animal impoundment facility.
B.
The expense thereof to be paid by the person possessing, owning or
otherwise having under that person's control.
1.
If at the end of ten (10) days the animal does not develop or
manifest rabies, it may be redeemed by the owner upon payment of the
boarding fee to the designated animal impoundment facility.
[Ord. No. 410, 1-9-2023]
2.
In the event the animal requires treatment by a veterinarian
during its confinement, the owner of the animal shall be responsible
for all such expenses.
C.
If the owner does not retrieve the animal after the ten (10) days
or does not compensate the impoundment facility for services, the
disposition of the animal will be determined by the impound facility
for potential adoption or if the animal will need to be destroyed.
[Ord. No. 410, 1-9-2023]
[Ord. No. 157 §6.220, 7-11-1983; Ord.
No. 410, 1-9-2023]
No person keeping, harboring or owning a domestic dog shall
allow such dog to run at large off of the premises of the owner, unless
such dog is on a leash and under the control of some competent person.
The provisions of this Section shall not apply to a dog in a vehicle
being driven or parked upon the public streets.
[Ord. No. 157 §6.230, 7-11-1983]
No person shall refuse to deliver up to the Animal Control Officer
or assistant Animal Control Officer any animal, fowl or reptile, when
requested to do so under the provisions of this Article.
[Ord. No. 157 §6.240, 7-11-1983]
It shall be unlawful for any person to remove from the custody
of the Animal Control Officer by force, deceit or otherwise, any animal
which has been legally impounded by said officer, prior to obtaining
the permission of the Animal Control Officer to remove such animal.
[Ord. No. 157 §6.250, 7-11-1983]
No owner or keeper of any dog over the age of three (3) months shall allow or permit such dog to be in any place in the City at any time without a collar or harness having attached thereto the license tag required by Sections 205.080 and 205.090; nor shall any resident or owner or keeper of any dog permit or allow such animal to wear any other tag other than the identical tag issued by the City Clerk or Deputy Collector for such animal. It shall be the duty of the police to report to the City Clerk, Deputy Collector or Animal Control Officer the owner or keeper of any dog permitting such dog to be in any place in the City at any time without a collar or harness having attached thereto the tag as herein provided. Dogs not displaying aforesaid tags shall be taken up and impounded by the Animal Control Officer.
[Ord. No. 157 §6.260, 7-11-1983]
No person shall remove or cause to be removed, the collar, harness or tag mentioned in Section 205.080 from any dog without the consent of the owner or keeper thereof.
[Ord. No. 157 §6.270, 7-11-1983]
Any person violating, neglecting or refusing to comply with
any regulation, requirement or provision of this Article, where no
penalty is otherwise provided, shall be deemed guilty of a misdemeanor
and shall be punished by a fine of not less than twenty-five dollars
($25.00) nor more than five hundred dollars ($500.00); or by imprisonment
in the City Jail for a period of time not to exceed thirty (30) days;
or by both such fine and imprisonment.
[Ord. No. 209 §§1
— 3, 3-2-1998]
A.
It shall be unlawful for a person who owns or is responsible for
a dog to allow any such dog to defecate on any public property, street,
sidewalk, or right-of-way or on the real property of another person.
B.
It is a specific defense
to a charge of violating this Article that the person charged immediately
remove any such excrement and properly dispose of it in a sanitary
manner.
C.
Violation of this Article shall be a misdemeanor punishable by a
fine of not less than ten dollars ($10.00) nor more than five hundred
dollars ($500.00).
[Ord. No. 281 §§1
— 4, 7-28-2008]
A.
Upon the City collecting and processing a dog running at large in
the City of Hallsville, the City hereby assesses a fee for reimbursement
of costs, to include but not be limited to the capturing, transporting,
delivery, processing, holding, feeding, watering, kennel cleaning,
vehicle cleaning, and ascertaining ownership to the owner of said
dog.
B.
Boarding cost is fifty dollars ($50.00) per day.
[Ord. No. 359, 4-8-2019]
C.
These fees shall be calculated in addition to any fines and/or court
costs assessed by the Circuit Court for any violation of the Animal
Control Ordinances of the City of Hallsville, to include but not limited
to dog running at large, unlicensed dog, and vicious dog.[1]
[Ord. No. 359, 4-8-2019]
D.
This Article may be amended in the future should the approximate
costs change, by the City Administrator submitting an adjusted schedule
to the Board of Aldermen.
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.
[Ord. No. 410, 1-9-2023]
B.
In
cases of heat related animal neglect, the owner may retrieve the animal
from the designated animal impoundment facility.
C.
In
cases of long term animal neglect or abuse, the animal will remain
in the custody of the designated animal impoundment facility until
the animal neglect case has been adjudicated in court and ownership
is determined by the court.
D.
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.
E.
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.
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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
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 person commits the offense of keeping a dangerous wild animal
if he or she keeps any lion, tiger, leopard, ocelot, jaguar, cheetah,
margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena, wolf,
bear, nonhuman 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.
