The following words, when used in this Chapter, shall have the meanings set out herein:
DOGS OR CATS
All animals of the canine or feline species, both male and female.
OWNER OR KEEPER
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.
RUNNING AT LARGE
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.
SERIOUS PHYSICAL INJURY
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.
TRESPASSER
A person upon the premises of the owner or keeper of the dog in question without license or privilege to be upon said premises.
UNRESTRAINED DOG
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.
[Ord. No. 2007-9 §4.1103, 6-5-2007]
It shall be unlawful for any person or persons owning, controlling, keeping, possessing, or having the management or care, in whole or in part, of any dog to permit such dog to run at large or go off the premises of the owner or keeper thereof, or to be on any street or other public place within the corporate limits of the City of Reeds Spring at any time, day or night, unless such dog is in the custody and charge of some responsible and capable person and is securely tied or lead by a leash so as to effectively prevent such dog from biting, molesting, being with, or approaching any person or animal.
[Ord. No. 2007-9 §4.1105, 6-5-2007]
It shall be unlawful to keep any dog which disturbs the peace by loud, frequent or habitual barking, yelping or howling.
[Ord. No. 2007-9 §4.1106, 6-5-2007]
Any person who shall within the City limits keep or maintain rabbits, chickens, ducks, turkeys, geese, guineas, or other domestic fowl within one hundred (100) feet of any residence or other dwelling place other than that of the owner shall, upon conviction thereof, be deemed guilty of an ordinance violation; provided however, that if all occupants of residences or other dwelling places within such distances agree thereto in writing, such animals or fowl may be kept and maintained at less than such distances.
[Ord. No. 2007-9 §4.1107, 6-5-2007]
No person shall at any time keep, harbor or own, at any one (1) location within the City, more than a total of four (4) dogs over the age of six (6) months. This provision shall not apply to a lawfully operated commercial kennel or any other licensed animal facility.
[Ord. No. 2007-9 §4.1108, 6-5-2007]
A. 
Any dog with the following characteristics shall be classified as "dangerous":
1. 
Any dog which has inflicted a severe or fatal injury on a human being on public or private property. "Severe injury" means any physical injury, resulting directly from a dog's bite, which results in broken bones, or lacerations requiring stitches, or inpatient hospitalization. The victim receiving severe injuries, as defined above, must provide the Police Department a signed physician's statement documenting injury and treatment qualifying such as a severe injury, or sign an authorization for release of information containing such statement.
2. 
Any dog which has killed a domestic animal, livestock, or poultry, without provocation, while off the owner's property.
3. 
Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
4. 
Any dog which has bitten a human being, without provocation, on public or private property other than the property of the owner.
5. 
Any dog which, while on the owner's property, has bitten, without provocation, a human being other than the owner or a member of the owner's family who normally resides at the place where the dog is kept.
6. 
Any dog which, when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public grounds, or private property other than that property of the owner in a menacing fashion or apparent attitudes of attack, regardless of whether or not a person is injured by said dog.
7. 
Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of human beings or domestic animals.
B. 
If the circumstance surrounding the classification as a "dangerous dog" under any of the definitions listed above are in dispute, then the owner has the option of submitting within five (5) working days a written request to the Chief of Police for a hearing and possible appeal. A Hearing Board, consisting of the Chief of Police, the Mayor, the President of the Board of Aldermen, any member of the Board of Aldermen, the Animal Control Officer, or their designees, shall be convened within ten (10) working days after receipt of a bona fide request.
C. 
Pending the outcome of such a hearing, the dog must be confined in such a manner so as not to be a threat to any person. The confinement may be on the owner's premises or with a licensed veterinarian.
D. 
The Hearing Board shall determine whether to declare the animal to be a "dangerous dog" based upon the evidence and testimony presented at the time of the hearing by the owner, in addition to witnesses, animal control personnel, or police personnel, or any other person possessing information pertinent to such determination.
E. 
The Hearing Board shall issue written findings within five (5) working days after the hearing. The owner or possessor of the animal found to be dangerous shall be required to maintain the animal as herein provided in this Section.
F. 
Exemption To Dangerous Dog Classification. No dog may be declared dangerous if the threat, injury, or damage was sustained by a person who at the time was committing a willful trespass, or other tort, upon the premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog, or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the dog, or was committing or attempting to commit a crime.
[Ord. No. 2007-9 §4.1109, 6-5-2007]
A. 
The following actions shall be required of the owner and/or dogs that have been declared "dangerous dogs":
1. 
Any dangerous dog which bites or scratches a human being, or any dog whose behavior immediately prior to or during an incident resulting in a human being bitten or scratched, which is determined to be dangerous, shall be impounded for a ten (10) day rabies quarantine at a licensed veterinarian clinic in the local (Reeds Spring, Branson West, Galena) area or at an Animal Shelter.
2. 
Any dangerous dog shall wear at all times a bright orange collar with a large brightly colored metal tag attached to the collar, so that the dog can readily be identified as a dangerous dog.
3. 
The owner or keeper shall notify the Police Department or Stone County Central "911" Center immediately if a dangerous dog is loose, unconfined, missing, or if the dog has attacked another animal, or has attacked a human being.
4. 
The owner or keeper shall notify the Police Department within twenty-four (24) hours, if a dangerous dog has died, been sold, or has been given away. If the dog has been sold or given away, the owner or keeper shall provide the Police Department with the name, address, and telephone number of the new owner. The new owner, if the dog is kept within the City limits of Reeds Spring, must comply with the requirements of this Section.
5. 
While on the owner's property, a dangerous dog must be securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure must have minimum dimensions of five (5) feet by ten (10) feet and must have secure sides and a secure top. If the structure has no bottom secured to the sides, the sides must be embedded into the ground no less than twelve (12) inches. The enclosure must also provide protection from the elements for the dog. The enclosure, when occupied by a dangerous dog, shall not be occupied by any other animal. If the dangerous dog is a female with puppies (under three (3) months of age), the puppies may occupy the same enclosure as the mother.
6. 
No dangerous dog may be kept on the 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 obstacles preventing the dog from exiting the structure.
7. 
The owner or keeper shall display a sign on his/her premises that there is a dangerous dog on the property. This sign shall be visible and capable of being read from the public highway or thoroughfare from which the property is entered. In addition, a similar sign is required to be posted on the kennel or pen or fenced yard of such animal.
8. 
A dangerous dog may be off the owner's premises if it is muzzled and restrained by a substantial chain or leash not exceeding six (6) feet in length and under the control of a responsible and capable person. The muzzle must be made in such a manner that it will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.
9. 
The owner or keeper of a dangerous dog shall present to the Police Department proof that the owner or keeper has procured liability insurance in the amount of at least one million dollars ($1,000,000.00) covering the twelve (12) month period during which licensing is sought. This policy shall contain a provision requiring the City of Reeds Spring to be notified by the insurance company of any cancellation, termination, or expiration of the policy.
10. 
All owners or keepers of dangerous dogs must within ten (10) days of such declaration provide the Police Department two (2) color photographs (one (1) showing the left profile and the other showing the right profile) of the animal, clearly showing the color and approximate size of the dog. In addition, the owner shall have tattooed on the inside of each ear of a dangerous dog the identification number or code issued by the City for such animal.
11. 
It shall be unlawful for the owner or keeper of a dangerous dog within the City of Reeds Spring to fail to comply with the requirements and conditions set forth in this Section. Any dog found to be the subject of a violation of this Section may be, in addition to other penalties provided by this Chapter, subject to immediate seizure and impoundment for a minimum of ten (10) days or the time necessary for the owner or keeper to show compliance with this Chapter, whichever is shorter.
[Ord. No. 2007-9 §4.1110, 6-5-2007]
A. 
A dog responsible for an "unprovoked" severe or fatal attack shall/may be humanely destroyed following a complete investigation by the Reeds Spring Police Department. During the investigation the dog will be impounded by an approved animal shelter at the owner's expense. Should the dog be ordered destroyed, it will be done at the owner's expense.
B. 
A dog responsible for a "provoked" severe or fatal attack may be maintained as a "dangerous dog" following a complete investigation by the Reeds Spring Police Department. During the investigation the dog will be impounded by an approved animal shelter at the owner's expense. Should the dog be ordered destroyed, it will be done at the owner's expense.
[Ord. No. 2007-9 §4.1111, 6-5-2007]
A. 
No dead horse, sheep, dog, cat, hog, cattle, fowl, or other domesticated or exotic animal of any kind shall be left unburied in the City by the owner or keeper thereof longer than is absolutely necessary to enable said owner or keeper to remove or bury the same but in no case shall the time limit exceed twenty-four (24) hours.
B. 
No dead animal of the species named in Subsection (A) of this Section shall be buried by the owner or keeper thereof within the City at any place less than four hundred (400) yards of any building occupied as a dwelling house or place of business.
C. 
Any dead animals of the species named in Subsection (A) of this Section which is buried within the City shall be buried by the owner or keeper of such animal in a hole at least four (4) feet deep, and shall be covered with earth firmly packed and filled to a level with the surrounding surface.
D. 
It shall be the duty of the Police Chief, Animal Control Officer (or his/her designee) to notify in writing the owner or keeper of any animal of the species named in Subsection (A) of this Section that may die or be found dead within the corporate limits of the City, or within one-half (½) mile of such limits, to bury the same immediately in the manner required by Subsection (C) of this Section. Said notice shall be served by delivering a copy thereof to said owner or keeper, or by leaving a copy at his/her usual place of abode with a family member over twelve (12) years of age.
E. 
If the owner or keeper of any animal of the species named in Subsection (A) of this Section is unknown or cannot be found within a reasonable time after the death of such animal, or discovery of its carcass, or in the case of dead wild animals without a known owner, then it shall be the duty of the Chief of Police, Animal Control Officer (or his/her designee) to cause the same to be buried (or notification to be made to a Department of Conservation representative in the case of a game animal) immediately at the expense of the City.
F. 
It shall be unlawful for the owner or keeper of any dead animal of the species named in Subsection (A) of this Section to knowingly or willfully leave same unburied anywhere in the City for more than twelve (12) hours after the death of such animal, whether or not he/she is notified by the Police Chief or Animal Control Officer to bury same; or to fail to bury such dead animal within six (6) hours after having been notified by the Chief of Police or Animal Control Officer or their designee.
G. 
The owner or keeper of any dead animal of the species named in Subsection (A) of this Section who fails to bury the same in accordance with this Section shall be liable to the City for all expenses that may be incurred by the City by reason of the failure of such owner or keeper to bury his/her animal as herein required, and such expense may be recovered by civil action in the name of the City before any court of competent jurisdiction.
[1]
State Law Reference — Duty of owner or keeper to dispose of dead animal, §269.020, RSMo.
A. 
A person commits the offense of animal neglect if he or she:
1. 
Has custody or ownership of an animal and fails to provide adequate care; or
2. 
Knowingly abandons an animal in any place without making provisions for its adequate care.
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.
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.
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.
[Ord. No. 2007-9 §4.1112, 6-5-2007]
The enforcement of the provisions of this Chapter are hereby delegated to the Police Department of Reeds Spring, Missouri, or to a designated Animal Control Officer named by the City Administrator of the City of Reeds Spring, Missouri with full power and authority to carry out and perform and execute the provisions as herein contained. Officers/Animal Control Officer will issue a citation to the individual(s) responsible for any violation of this Chapter. Officers/Animal Control Officer will make a police case including all witnesses to the violation. The information will be turned over to the City Prosecutor for further review.
[Ord. No. 2007-9 §4.1113, 6-5-2007]
A. 
In addition to the penalties stated in Section 100.220 of this Code, any person who violates this Chapter shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this Chapter.
B. 
Where the Chief of Police has determined that an animal is dangerous under Section 205.060, and has ordered it confined by the owner and muzzled or caged whenever off the premises of the owner and thereafter said animal is not confined or is off the premises without being muzzled or caged, then the owner thereof, upon conviction, shall be subject to fine and imprisonment as stated in Section 100.220 of this Code.