[R.O. 2004 § 205.010; Ord. No. 388 § 3, 11-19-1996]
The following words, when used in this Chapter,
shall have the meanings set out herein:
Every living vertebrate, except a human being, including
dogs, fowl, cattle, horses, chickens, buffalo.
The duly authorized and appointed City of Bourbon employee,
or person under contract with the City of Bourbon, to provide animal
control, or such person's delegated representative, who has responsibility
for enforcement of this Article, and who is responsible for the care
and custody of all animals impounded or held by the City of Bourbon.
An animal shall be "at large" when off the property of the
owner and/or when an animal is off the property of the owner and such
animal is not securely led or tied by a line or leash of no more than
six (6) feet in length.
All animals of the canine species, both male and female.
Any person having a right of property in a dog, or who keeps
or harbors a dog, or who has it in his/her care or acts as its custodian,
or who knowingly permits a dog to remain on or about any premises
owned or occupied by him/her.
Any and all of the following dogs:
The Staffordshire Bull Terrier breed of dogs.
The American Staffordshire Terrier breed of
dogs.
The American Pit Bull Terrier breed of dogs.
Dogs which have the appearance and characteristics
of being predominately of the breeds of the dogs known as Staffordshire
Bull Terrier, American Pit Bull Terrier or American Staffordshire
Terrier.
The City Clerk is designated as the registration official.
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 registration plate issued by the City of Bourbon.
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.
The vaccination for rabies and the issuance of an appropriate
certificate by a licensed veterinarian.
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 or other
domestic animal without provocation.
Any pit bull dog.[1]
[1]
Editor's Note: Former Sections 205.020, Registration
of Dogs Required – Fee – Inoculation, as amended; 205.022,
Tag, as amended and 205.023, Replacement of Lost Tags, as amended,
which immediately followed this definition, were repealed 6-16-2015
by Ord. No. 700.
[R.O. 2004 § 205.025; Ord. No. 388 § 8(12-56), 11-19-1996]
There shall be no charge for the registration
of a dog duly and properly trained to assist blind persons when any
such dog is actually being used by a blind person for the purpose
of aiding or assisting such blind person in going from place to place.
[R.O. 2004 § 205.026; Ord. No. 388 § 4A(12-52A), 11-19-1996]
A license will be issued to the owner of a boarding,
commercial or contract kennel, as defined in Chapter 273, RSMo., upon
the payment of annual license fee of sixty dollars ($60.00) per year.
The owner or custodian of dogs kept in such kennels shall not be required
to pay the individual registration fee for each dog. The City will
issue tags for each dog kept in said kennel upon the payment of the
annual kennel license fee. This Section shall otherwise apply to dogs
kept in a kennel in the same manner as it applies to all other dogs.[1]
[1]
Editor's Note: Former Section 205.030, Dogs
Running at Large Prohibited — Impoundment, amended 11-19-1996
by Ord. No. 388, which immediately followed this Section, was repealed
6-16-2015 by Ord. No. 700.
[R.O. 2004 § 205.031; Ord. No. 388 § 10(12-58), 11-19-1996]
It shall be unlawful for the owner of any animal,
other than a dog, to permit the animal to be at large within the City
limits of the City of Bourbon, outside the enclosure or pasture of
the owner.
[R.O. 2004 § 205.032; Ord. No. 388 § 12(12-60), 11-19-1996]
It shall be unlawful for any owner of any female
animal in heat to fail to keep such animal confined in a manner which
will preclude its contact with any other animal.
[R.O. 2004 § 205.033; Ord. No. 388 § 13(12-61), 11-19-1996]
It shall be unlawful for any owner of any animal
to own, keep or harbor any animal which, by loud, continual or frequent
noise, including, but not limited to, barking and howling, disturbs
the peace of any neighborhood.
[R.O. 2004 § 205.034; Ord. No. 388 § 15(12-63), 11-19-1996]
It shall be unlawful for any owner of a dead
animal to permit such animal to remain undisposed of for a period
in excess of twelve (12) hours.
[R.O. 2004 § 205.040]
A.
It shall be unlawful to own, keep or harbor a vicious
dog in the City of Bourbon, 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 embedded 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 of 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 harborer 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.
[R.O. 2004 § 205.050; Ord. No. 388 § 22(12-70), 11-19-1996]
The Board of Aldermen is hereby authorized to
establish an animal impoundment facility at such location as it deems
appropriate and to maintain such facility or to contract with any
individual, private or public entity for the establishment and maintenance
of such facility.[1]
[1]
Editor's Note: Former Sections 205.060, Impoundment
Authorized — Notice of Impoundment, as amended; 205.070, Cost
of Impoundment; 205.080, Redemption of Impounded Animals, as amended
and 205.090, Reimbursement of Costs, which immediately followed this
Section, were repealed 6-16-2015 by Ord. No. 700.
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.
Animal neglect or animal abandonment are ordinance
violations. For a first 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 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 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. This Section
shall not apply to the provisions of Section 578.007 or Sections 272.010
to 272.370, RSMo.
D.
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 he or she, 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.
[R.O. 2004 § 205.130; Ord. No. 388 § 16(12-64), 11-19-1996]
The owner of any animal which exhibits clinical
symptoms of rabies shall be required to have the animal confined under
the supervision of a licensed veterinarian for a period of ten (10)
days for clinical observation. All expenses under this procedure shall
be borne by the owner of the animal.
[R.O. 2004 § 205.140; Ord. No. 388 § 17(12-65), 11-19-1996]
A.
The owner of any animal which bites any person or
punctures the skin thereof, whether the animal has been vaccinated
or not, shall be required to have the animal confined under the supervision
of a licensed veterinarian for a period of ten (10) days following
Midnight of the day of the bite or puncture for clinical observation.
All expenses under this procedure shall be borne by the owner of the
animal.
B.
If such animal develops symptoms of rabies, it shall
be allowed to die, or if death shall occur while the animal is confined
for any reason, the head of the animal shall be removed by the veterinarian
and submitted to a qualified official laboratory.
C.
If at the end of ten (10) days the animal is alive
and healthy, it may be released to its owner, provided that all other
requirements of this Article are met.
[R.O. 2004 § 205.150; Ord. No. 388 § 18(12-66), 11-19-1996]
A.
The owner of any animal that has been exposed to rabies
shall accept one (1) of the following alternatives:
1.
If the animal has not been vaccinated or if
the animal's vaccination is not current, the animal shall be confined
under the supervision of a licensed veterinarian for six (6) months
or humanely destroyed immediately.
2.
If the animal's vaccination is current, the
animal shall be revaccinated immediately and be confined under the
supervision of a licensed veterinarian for three (3) months or humanely
destroyed immediately.
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.
