[Ord. No. 792 §5-14, 10-16-1995]
A.
A person
is guilty of animal neglect when he/she has custody or ownership or
both of an animal and fails to provide adequate care or adequate control,
including, but limited to, knowingly abandoning an animal in any place
without making provisions for its adequate care which results in substantial
harm to the animal.
B.
Animal
neglect upon a first (1st) conviction and for each offense shall be
punishable by imprisonment not to exceed fifteen (15) days or a fine
not to exceed three hundred dollars ($300.00), or both, and punishable
by imprisonment not to exceed three (3) months or a fine not to exceed
five hundred dollars ($500.00), or both upon the second (2nd) and
all subsequent convictions. All fines and penalties for a first (1st)
conviction of animal neglect may be waived by the court provided that
the person found guilty of animal neglect shows that adequate, permanent
remedies for the neglect have been made. Reasonable costs incurred
for the care and maintenance of neglected animals may not be waived.
[Ord. No. 792 §5-15, 10-16-1995]
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., or this Section;
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.
Animal
abuse is punishable by imprisonment not to exceed three (3) months
or a fine not to exceed five hundred dollars ($500.00).
C.
For
the purpose of this Section, "animal" shall be defined
as a mammal.
[Ord. No. 792 §5-16, 10-16-1995]
For the purposes of this Article, 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. 792 §5-17, 10-16-1995]
A.
The
Animal Control Officer or any Law Enforcement Official may impound
any animal found outside of the owned or rented property of the owner
or custodian of such animal when such animal shows evidence of neglect
or abuse. Any animal impounded pursuant to this Section shall be:
1.
If the owner can be ascertained and the animal is not diseased or
disabled beyond recovery for any useful purpose, held for recovery
by the owner. The owner shall be notified within five (5) business
days of impoundment by phone or by mail of the animal's location and
recovery procedures. The animal shall be held for ten (10) business
days. An animal unclaimed after ten (10) business days may be put
up for adoption or humanely killed;
2.
Placed in the care or custody of a veterinarian, the appropriate
animal control authority or animal shelter. The animal shall not be
disposed of, unless diseased or disabled beyond recovery for any useful
purpose, until after expiration of a minimum of five (5) business
days, during which time the public shall have clear access to inspect
or recover the animal through time periods ordinarily accepted as
usual business hours. After five (5) business days, the animal may
be put up for adoption or humanely killed; or
3.
If diseased or disabled beyond recovery for any useful purpose as
determined by a Law Enforcement Official, veterinarian or Animal Control
Officer, the animal may be humanely killed.
B.
The
owner or custodian of animal impounded pursuant to this Section shall
be liable for reasonable costs for the care and maintenance of the
animal. Any person incurring reasonable costs for the care and maintenance
of such animal shall have a lien against such animal until the reasonable
costs have been paid and may put up for adoption or humanely kill
any animal if such costs are not paid within ten (10) days after demand.
Any monies received for an animal adopted pursuant to this Subsection
in excess of costs shall be paid to the owner of such animal.
[Ord. No. 792 §5-18, 10-16-1995]
A.
The
Animal Control Officer or any duly authorized Law Enforcement Official
may seek a warrant from the Caruthersville Municipal Court to enable
him/her to enter private property in order to inspect, care for, or
impound neglected or abused animals. All requests for such warrants
shall be accompanied by an affidavit stating the probable cause to
believe a violation of this Article has occurred. A person acting
under the authority of a warrant shall:
1.
Be given a disposition hearing before the court through which the
warrant was issued, within thirty (30) days of the filing of the request
for the purpose of granting immediate disposition of the animals impounded.
2.
Place impounded animals in the care and custody of a veterinarian
or the City's Animal Shelter. If no appropriate veterinarian or animal
shelter is available, the animal shall not be impounded unless it
is diseased or disabled beyond recovery for any useful purpose.
3.
Humanely kill any animal impounded if it is determined by a licensed
veterinarian that the animal is diseased or disabled beyond recovery
for any useful purpose.
B.
The
owner or custodian or any person claiming an interest in any animal
that has been impounded because of neglect or abuse may prevent disposition
of the animal by posting bond or security in an amount sufficient
to provide for the animal's care and keeping for at least thirty (30)
days, inclusive of the date on which the animal was taken into custody.
Notwithstanding the fact that bond may be posted pursuant to this
Subsection, the Animal Control Officer may humanely dispose of the
animal at the end of the time for which expenses are covered by the
bond or security, unless there is a court order prohibiting such disposition.
Such order shall provide for a bond or other security in the amount
necessary to protect the authority having custody of the animal from
any cost of the care, keeping or disposal of the animal. The authority
taking custody of an animal shall give notice of the provisions of
this Section by posting a copy of this Section at the place where
the animal was taken into custody or by delivering it to a person
residing on the property.
C.
The
owner or custodian of any animal humanely killed pursuant to this
Section shall not be entitled to recover any damages related to nor
the actual value of the animal if the animal was found by a licensed
veterinarian to be diseased or disable, or if the owner or custodian
failed to post bond or security for the care, keeping and disposition
of the animal after being notified of impoundment.
[Ord. No. 792 §5-19, 10-16-1995]
Notwithstanding the provisions of Section 210.180, while in pursuit of any individual who is violating provisions of this Article in view of such officer, or in pursuit of any animal running at large, the Animal Control Officer, or any Police Officer shall have the right to enter any lot or land area within the City limits for the purpose of apprehending such individual or impounding that animal.
[Ord. No. 792 §5-21, 10-16-1995]
If a person is adjudicated guilty of the offense of animal neglect
or animal abuse and the court having jurisdiction is satisfied that
an animal owned or controlled by such person would in the future be
subject to such neglect or abuse, such animal shall not be required
to or allowed to remain with such person, but its disposition shall
be determined by the court.
