Cross Reference — Offense concerning keeping of livestock, §210.730.
[Ord. No. 177 §1, 8-25-1992]
The following words, when used in this Chapter, shall have the
meanings set out herein:
Off the premises of the owner or keeper of such dog, and
not on leash controlled by some person physically able to prevent
the dog from escaping, or on unsecured property of the owner.
All animals of the canine species, both male and female,
over six (6) months of age.
Any person having a right of property in a dog or cat, or
who keeps or harbors a dog or cat, or who has it in his/her care or
acts as its custodian, or who knowingly permits a dog or cat to remain
on or about any premises owned or occupied by him/her.
Allowing a dog or cat to be off the private premises of the
owner or keeper or his/her agent or servant, and not on a leash or
confined to the arms, motor vehicle, trailer or other conveyance of
the owner or keeper, his/her agent or servant.
Physical injury that creates a substantial risk of death
or that causes serious disfigurement or protracted loss or impairment
of the function of any part of the body.
A person upon the premises of the owner or keeper of the
dog in question without license or privilege to be upon said premises.
Any dog running at large or a dog on the premises of its
owner or keeper but not confined to said premises by a leash, fence,
structure or other means that would prevent the dog from leaving such
premises.
Any of the following dogs:
Any dog, whether or not running at large and whether or not
unrestrained, that without provocation has bitten any person not a
trespasser causing serious physical injury to that person.
Any unrestrained dog, whether or not running at large, that
without provocation has attempted to bite any person not a trespasser
which would cause serious physical injury to that person.
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.
Any dog that has killed another dog, cat or other domestic animal
without provocation.
The owner or keeper of any dog or cat in the City of Leadwood
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 Leadwood unless wearing the tag above
provided for herein.
[Ord. No. 177 §2, 8-25-1992]
It shall be unlawful for any person or persons owning, controlling,
harboring, possessing or having the management or care, in whole or
in part, of any dog to permit such dog or dogs to run at large. For
the purpose of this Chapter, every dog when on any street, alley or
any other public place in the City of Leadwood which is not attached
to a leash, the other end of which is securely held, or when on private
property within said City which is either not attached to a leash,
the other end of which is securely held, or which is not so confined
to the owner's property by suitable means such as a leash, chain or
fence so as to prevent its straying from the premises shall be deemed
running at large. Any dog running at large or in violation of the
leash law may be picked up and impounded by the City Police or any
employee of the City, and the owner or keeper thereof notified as
soon as is reasonably possible.
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.
A.
It
shall be unlawful to own, keep or harbor a vicious dog in the City
of Leadwood 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.
It shall be the duty of the Chief of Police, the City Police, and any other person of the City of Leadwood, 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 or any vicious dog in violation of Section 205.040 above and to impound the same. In effecting the capture of any dog or cat, the officers aforesaid are authorized and directed to use traps, nets, tranquilizer guns or any other humane method.
[Ord. No. 95 §9, 3-6-1976; Ord. No. 76-100 §1, 8-23-1976]
Any dog taken up and impounded may be redeemed by the owner
or the custodian thereof by paying to the City Clerk or his/her designee
the following fees:
Payment made for the first day or part thereof the dog is impounded:
$25.00.
Payment for each additional day: $5.00.
Dogs shall be held by the City for at least one (1) week and
thereafter may be humanely disposed of. Cost of same shall be charged
to the owner or keeper thereof, if such owner or keeper can be identified.
B.
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.
C.
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.
[Ord. No. 177 §3, 8-25-1992]
It shall be unlawful for any unauthorized person to break open
the pound or to attempt to do so or to take or let out any dog or
to take or attempt to take from any City Officer any dog taken up
by such officer in compliance with this Chapter or in any manner to
interfere with or hinder such officer in the discharge of that officer's
duties under this Chapter, and he/she shall be deemed guilty of a
misdemeanor.
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.
