[Ord. No. 24.033 §§1 —
2, 4, 4-6-1981; Ord. No.
24.033A §1, 1-6-1997; Ord. No. 24.033B §1, 11-1-1999; Ord. No. 205.010A §1, 9-6-2005]
A.
Running At Large Prohibited. 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 Section,
every dog when on any street, alley, or any other public place in
the City of California which is not attached to a leash, the other
end of which is securely held by the owner or a member of his/her
immediate family, or when on private property within said City, which
is either not attached to a leash, the other end of which is securely
held by the owner or a member of his/her family, or which is not so
confined as to prevent its straying from the premises shall be deemed
running at large; provided however, that a dog bearing identification
tag containing the name and address of its owner along with the current
license issued by the City of California may remain on the property
of its owner without a leash or other confinement.
B.
Licensing. All ordinances enacted heretofore relating to
the licensing of dogs and other ordinances relating to dogs which
are not in conflict hereto and not inconsistent hereto are hereby
ratified and affirmed. No person shall own, keep, harbor or permit
to be or remain on or about his/her premises any dog over six (6)
months of age which has not been licensed. The license fee for each
domestic dog over the age of six (6) months shall be the sum of seven
dollars ($7.00) per year.
C.
Impoundment Procedures — Adoption.
1.
The Chief of Police or any Police Officer duly commissioned by the
City of California, Missouri, shall impound any dogs found unlicensed
or running at large and shall give personal notice or written notice
by certified mail, return receipt requested at the person's last known
address of the impounding to the owner of such dog, if known. In case
the owner is unknown, such officer shall post notice in a conspicuous
place in the Municipal Building that if the dog is not claimed within
seven (7) days of posting of the notice, it will be humanely euthanized.
The dog shall be impounded in a suitable place, the location of which
shall be given by a notice posted in a conspicuous location in the
Municipal Building, in the office of the Chief of Police, and in the
office of the Municipal Collector. The City shall contract with an
entity or person to provide impoundment services which shall be deemed
to include shelter, adequate food and water, maintenance of records
of acquisition and disposition of animals, humane euthanasia (if required)
as defined by Section 273.325(14), RSMo., and all services which are
or may be inferred by the definition of the term "dog pound" and "contract kennel" as set forth in Section 273.325,
RSMo.
2.
The owner of any such impounded dog(s), upon the payment of the charges
herein provided, and a redemption fee as hereafter set forth, may
redeem such impounded dog.
3.
Charges to be assessed to the owner of an impounded dog are as set
forth in Exhibit A, on file in the City Clerk's office, and incorporated
herein as if fully set forth. All charges to be assessed pursuant
to this Section may be increased from time to time as the fees increase
for care, impoundment, euthanasia, and any other services provided
for or to impounded dogs increases. At any time that said fees or
charges are increased, a revised schedule of said charges shall be
maintained in the office of the City Clerk of the City of California.
All fees, with the exception of adoption fees (including marking and
sterilization charges), shall be paid to the City Collector prior
to such time that the owner is permitted to reclaim the animal, except
however that the Collector is permitted to waive such fee(s) in the
event the owner of the dog has the dog properly licensed in accordance
with this Section, and the impoundment was the first (1st) for the
animal in question. Upon payment of the fees, the Collector will issue
a receipt for same, and the owner must present the receipt to the
dog impoundment facility prior to redeeming the animal.
4.
Any dog, with the exception of any animal found to be vicious, or
ill such that other animals or persons would or could be infected,
not redeemed by its owner after the expiration of the seven (7) day
notice period (after posting of the notice) may, as an alternative
to humane euthanasia, be available for adoption. Any individual adopting
a dog pursuant to this Section shall pay an adoption fee of fifteen
dollars ($15.00), as well as the impoundment fee on file in the City
Clerk's office. The adoption fee shall be payable direct to the impoundment
facility. Said adopted animal shall receive vaccinations for rabies
and such other vaccinations as the operator for the impoundment facility
may deem appropriate or which may be required by State or local law
or ordinance. The Collector and the impoundment facility may decline
to permit adoption if, in the best judgment of said individuals, the
adoption appears to be pursued to avoid payment of other fees, or
if the animal is ill, or has shown a propensity to violence.
5.
Provisions shall be made for the sterilization of all dogs adopted
pursuant to this Section in the manner set forth in Section 273.403,
RSMo., with said fees for sterilization to be paid by the purchaser/adopter.
6.
All dogs adopted shall be marked by tattoo by the impoundment facility,
with identifying records retained by said facility and available to
the City at no cost.
D.
Abandonment Unlawful. It shall be unlawful for any person
to abandon any dog within the corporate limits of the City of California
or to permit any dog abandoned by him/her in the vicinity of the corporate
limits of the City of California to stray within the corporate limits
of said City.
E.
Penalty For Violation. Any person violating any of the provisions
of this Section shall be deemed guilty of a misdemeanor and shall
be punished by a fine of not less than five dollars ($5.00) or more
than one hundred dollars ($100.00) or by confinement in the City Jail
for a period not greater than ninety (90) days, or by both such fine
and confinement.
[Ord. No. 24.030 §§1 —
3, 2-6-1961]
A.
The
entire area embraced within the corporate limits of the City of California,
Missouri, be and the same is hereby designated as a Bird Sanctuary.
B.
It
shall be unlawful to trap, hunt, shoot or attempt to shoot or molest
in any manner any bird or wild fowl or to rob bird nests or wild fowl
nests. Provided however, if starlings or similar birds are found to
be congregating in such numbers in a particular locality that they
constitute a nuisance or a menace to health or property in the opinion
of the proper health authorities of the City of California, Missouri,
then in such event said health authorities shall meet with representatives
of the Audubon Society, Bird Club or Humane Society, or as many of
said clubs as are found to exist in the City of California, Missouri,
after having given at least three (3) days' actual notice of the time
and place of said meeting to the representatives of said clubs.
If as a result of said meeting no satisfactory alternative is
found to abate such nuisance, then said birds may be destroyed in
such numbers and in such manner as is deemed advisable by said health
authorities under the supervision of the Marshal of the City of California,
Missouri.
C.
Any
person violating any provision of this Section shall be upon conviction
punished by a fine of not more than one hundred dollars ($100.00),
or imprisonment not exceeding thirty (30) days.
[Ord. No. 24.035 §§1 —
6, 1-5-1987]
A.
It
shall be unlawful for any person to own, keep, harbor, or allow to
be in or upon his/her premises any animal of a dangerous, vicious,
or ferocious disposition. A dangerous, vicious, or ferocious animal
shall be an animal that has attacked, or shown propensities to attack
persons or other animals. Evidence that may be considered by the Municipal
Judge and City law enforcement personnel may be, but not limited to,
testimony of persons who have witnessed the actual behavior of said
animals, past incidents involving said animals, size of the animals,
the conditions in which the animals are kept, and the breed of the
animal.
B.
If
City law enforcement personnel shall be notified of a vicious animal,
and upon investigation shall find the vicious animal running at large,
the City law enforcement personnel shall have full authority to kill
the dangerous, ferocious, or vicious animal. Before killing said animal,
the Law Enforcement Officer shall make as certain of identification
as is practical under the circumstances and shall also first determine
if capturing the animal is reasonable. However, the Law Enforcement
Officer shall not put himself/herself in any position of danger of
being attacked. Identification of the animal as dangerous, ferocious,
or vicious shall include an independent appraisal of the disposition
of the animal by the Law Enforcement Officer and as is practical under
the circumstances.
C.
Nothing
herein shall be deemed to limit the rights of persons to protect themselves,
or to seek lawful relief.
D.
In
the case of a conviction in Municipal Court, the court shall fine
the owner of a dangerous, ferocious, or vicious animal the following:
1.
First (1st) offense: One hundred dollar ($100.00)
fine.
2.
Second (2nd) offense: Three hundred dollar ($300.00)
fine or destruction of the animal.
3.
Third (3rd) offense: Five hundred dollar ($500.00)
fine.
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All such fines shall be a minimum fine and no portion of said
fine shall be suspended or stayed. The Municipal Judge shall not suspend
imposition of sentence. In addition to said fines, the Municipal Judge
may sentence the owner to jail for a term not to exceed ninety (90)
days.
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E.
Upon
a third (3rd) conviction under this Section, in addition to fines
or jail sentence, the Municipal Judge shall order the destruction
or disposition of the subject animal. If the owner of the subject
animal shall refuse, the Municipal Judge shall hold the owner in contempt
of court. Notwithstanding anything to the contrary herein, should
the owner of a subject animal offer a plan of disposition of the subject
animal agreeable to the court, the Municipal Judge may suspend or
stay all or a portion of the sentence as the court deems appropriate,
and may suspend imposition of sentence.
F.
Any
case filed under this Section shall go to the top of the docket in
the Municipal Court and shall have priority over other matters.
[Ord. No. 2005-004 §§1 —
6, 4-5-2004]
A.
Keeping Of Pit Bull Dogs Prohibited. It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City of California, Missouri, any pit bull dog; provided that pit bull dogs licensed with the City on the date of passage of this Section may be kept within the City subject to the standards and requirements set forth in Subsection (C) of this Section.
B.
Pit Bull Dog Defined. Pit bull dog is defined to mean:
1.
The Staffordshire bull terrier breed of dog;
2.
The American pit bull terrier breed of dog;
3.
The American Staffordshire terrier breed of dog;
4.
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.
5.
References within this Section to "registered pit bull dogs" shall be construed to mean those pit bull dogs which are licensed
with the City of California as of the effective date of this Section.
The phrase "registered" or the phrase "licensed" shall be construed to mean full and complete compliance with the terms of Section 205.010(B) of the City.
C.
Previously Registered And Licensed Pit Bulls. The provisions of Subsection (A) of this Section are not applicable to owners, keepers or harborers of pit bull dogs registered with the City of California, Missouri, as of the effective date of this Section. The keeping of such dogs, however, shall be subject to the following standards:
1.
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, concrete
blocks, 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.
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.
No pit bull 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.
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.
All owners, keepers or harborers of registered pit bull dogs must
within ten (10) days 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) for bodily injury or death of any person
or persons or for damage of 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. Said insurance coverage must be maintained by the
owner, harborer and keeper of the dog at all times that the dog is
owned, harbored or kept within the City of California.
6.
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.
All owners, keepers or harborers of registered pit bull dogs must,
within ten (10) days of any of the following incidents, report the
following information in writing to the City Clerk as required hereinafter:
8.
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 licensed owner of such dog; provided
that the license 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.
All offspring born of pit bull dogs registered with the City must
be removed from the City within eight (8) weeks of the birth of the
offspring.
D.
Irrefutable Presumption. There shall be an irrefutable 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.
E.
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 as 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.
F.
Violations And Penalties. Any person violating or permitting
the violation of any provision of this Section shall upon conviction
be fined a sum not less than two hundred fifty dollars ($250.00) and
not more than five hundred dollars ($500.00). In addition to the fine
imposed, the court may sentence the defendant to imprisonment in the
County Jail for a period not to exceed ninety (90) days. In addition,
the court shall order the registration of the subject pit bull dog
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.
[Ch. 22 §22.009]
No person shall maliciously and willfully administer any poison
to any dog, cat, cattle, horse or any other domestic animal or shall
maliciously expose any poisonous substance with the intent that the
same shall be taken or swallowed by any such animal. No person shall
willfully and maliciously or cruelly kill, maim, wound, beat or torture
any dumb animal, whether belonging to himself/herself or another.
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.
B.
For
purposes of this Section, "animal" shall be defined
as a mammal.
[Ord. No. 2002-006 §§1 —
4, 3-7-2002]
A.
A person
commits the crime 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.
D.
Any
person found guilty of violating this Section shall be subject to
a fine of not less than one dollar ($1.00) nor more than five hundred
dollars ($500.00) or by imprisonment for up to ninety (90) days in
the County Jail, or by both such fine and imprisonment.
