[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.
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.
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:
a. 
The removal from the City or the death of a registered pit bull dog;
b. 
The birth of offspring of a registered pit bull dog;
c. 
The new address of a registered pit bull dog owner, should the owner move within the corporate City limits.
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.