The following words, when used in this Chapter, shall have the meanings set out herein:
- All animals of the canine species, both male and female.
- OWNER or KEEPER
- 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.
- PIT BULL DOG
- Any and all of the following dogs:
- 1. The Staffordshire Bull Terrier breed of dogs.
- 2. The American Staffordshire Terrier breed of dogs.
- 3. The American Pit Bull Terrier breed of dogs.
- 4. 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.
- RUNNING AT LARGE
- Allowing a dog 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.
- 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.
- VICIOUS DOG
- Any of the following dogs:
- 1. 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.
- 2. 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.
- 3. 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.
- 4. Any dog that has killed another dog, cat or other domestic animal without provocation.
- 5. Any pit bull dog.
[Ord. No. 380 §§4, 5, 8, 8-14-2001]
No dog owner shall keep or harbor any dog above the age of six (6) months within the City limits of Sparta, Missouri, unless a license therefore has first been purchased. Licenses shall be issued by the City Clerk of the City of Sparta, Missouri, for a fee of five dollars ($5.00) each. All dogs shall be licensed within twenty (20) days of taking possession thereof. All licenses automatically expire on the thirty-first (31st) day of December next following their issuance and shall be renewed on an annual basis not later than January fifteenth (15th) of the following year.
In order to receive a license, all persons must present proof that the dog has been vaccinated against rabies from a licensed veterinarian for the period covered by the license. The City Clerk shall then issue and deliver a suitable metallic tag to the owner of the dog. Duplicate tags, upon proof that the original has been lost, shall be issued for a fee of two dollars ($2.00).
It is hereby unlawful for any person to take a tag legally placed upon a dog from that dog for any purposes; it is hereby unlawful for any dog owner to keep or harbor any dog above the age of six (6) months within the City limits of the City of Sparta, Missouri, unless a license for said dog has been secured; it is hereby unlawful for any person to abandon any dog within the corporate City limits of the City of Sparta, Missouri, or to permit any dog to stray within the corporate limits of the City of Sparta, Missouri, who is not secured upon a leash.
It shall be unlawful for the owner or keeper of any dog to permit the same to run at large within the City of Sparta at any time. Any dog found without the tag provided in Section 205.020, and any dog found running at large, shall be impounded.
[CC 1982 §73.630]
No person shall keep any dog which, by frequent howling, barking, baying or yelping, shall disturb the peace of the neighborhood.
[CC 1982 §73.630(1); Ord. No. 421, 1-10-2006]
It shall be unlawful to own, keep or harbor a vicious dog in the City of Sparta. A "vicious dog" is defined under Section 205.010 of the Sparta City Code. In addition to those vicious dogs as defined in Section 205.010, the breed Presa Canarios either as a purebred or mix is further included and added to the definition of vicious dogs.
Violation of this Section shall be punished by a fine up to the sum of five hundred dollars ($500.00) per vicious dog per day.
In addition to the above penalties and any other penalties prescribed by this Chapter, upon violation and conviction of the provisions of this Section relating to vicious dogs, if it shall appear to the Judge of the Municipal Court that it is necessary for the public safety and welfare that the dog concerned be euthanized, the Judge shall so order and the Chief of Police shall carry out said order.
[CC 1982 §73.620; Ord. No. 433, 12-12-2006]
No person shall keep a dog or dogs in any pen or enclosure on property owned or controlled by him, the exterior boundary of which pen or enclosure is closer than twenty-five (25) feet at the nearest point to the dwelling of another, a church, school or place of business of another; nor shall any person keep a dog or dogs within twenty-five (25) feet of the dwelling of another, a church, school or place of business of another. No animal shelters shall be allowed within the City of Sparta except the City-owned impoundment.
It shall be the duty of the Animal Control Officer, the City Police and any other person of the City of Sparta, especially designated by the Board of Aldermen and the Mayor for such purpose, to take up any dog without the tag provided in Section 205.020, any dog running at large or any vicious dog in violation of Section 205.040 above and to impound the same. In effecting the capture of any dog, the officers aforesaid are authorized and directed to use traps, nets, tranquilizer guns or any other humane method.
Any officer performing duties under this Chapter shall be compensated from the City Treasury as provided from time to time by the Board of Aldermen. Such officer shall account to the City for all sums collected from owners or keepers under this Chapter and pay same into the City Treasury. Costs of feeding and keeping dogs impounded shall be paid from the City Treasury.
Every officer impounding a dog under this Chapter shall, within twenty-four (24) hours after such impounding, enter upon a registry open to the public and in plain public view at the City Hall of the City a description of such dog, including breed, color and approximate size and the date apprehended and if the owner or keeper is known, the name and address of such owner or keeper; or the owner or keeper shall be given actual notice of the impoundment of such dog before disposition of such dog.
[Ord. No. 380 §7, 8-14-2001; Ord. No. 423, 3-14-2006]
Any dog that is impounded by the City of Sparta, Missouri, may be redeemed from the City within the time that said animal is held by the City by paying to the City Clerk or his/her duly authorized representative the sum of twenty five dollars ($25.00) as a redemption fee for the first time that the animal is redeemed. On subsequent occasions that an animal is redeemed, the fee shall double, i.e., the second redemption will be fifty dollars ($50.00), the third redemption will be one hundred dollars ($100.00), etc.
[Ord. No. 380 §3, 8-14-2001; Ord. No. 412 §1, 7-12-2005]
If a dog is found running at large, said dog shall be picked up and held by the City of Sparta in its holding pens for a minimum of five (5) days. At the option of the City, they shall then be transported to the Humane Society.
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.
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.
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.
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:
The care and maintenance of neglected or abandoned animals within the person's custody or ownership;
The disposal of any dead or diseased animals within the person's custody or ownership;
The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and
The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.
[Ord. No. 453, 7-14-2009; Ord. No. 461, 7-14-2009]
A person is guilty of animal abuse when a person:
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.;
Purposely or intentionally causes injury or suffering to an animal; or
Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.
Note — Under certain circumstances this offense can be a felony under state law.
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.
As used in this Section, "animal" means every living creature, domesticated or wild, but not including Homo sapiens.
The provisions of this Section shall not apply to a public servant acting in the course of such servant's official duties.
Any person in physical possession and control of any animal shall remove excreta or other solid waste deposited by the animal in any public or private area not designated to receive such wastes including, but not limited to, streets, sidewalks, parking lots, public parks or recreation areas and private property. The provisions of this Section shall not apply to a guide dog accompanying any blind person.
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. 106 §76.050, 10-2-1984]
It shall be unlawful for any person to ride or lead a horse on the City streets of Sparta, Missouri, from one-half (½) hour after sunset to one-half (½) hour before sunrise.
[Ord. No. 340 §1(73.600), 8-17-1993; Ord. No. 412, 8-9-2005]
No person shall keep or permit the keeping of hogs, swine or pigs on premises owned or controlled by him/her within the City.
[CC 1982 §73.610; Ord. No. 412, 8-9-2005]
No person shall keep a cow, bull, mule, jack, jennet, horse, goat, fowl or sheep in an outdoor enclosure or pasture, the exterior boundary of which is within one hundred (100) feet of the dwelling house of another, a church, school or place of business of another.
No person shall keep more than one (1) cow, bull, jack, horse, goat, sheep or fowl or any combination of such animals/fowl in an outdoor enclosure or pasture, unless such enclosure or pasture shall have an area of twenty-one thousand seven hundred eighty (21,780) square feet or one-half (½) acre for each of such animals/fowl.
[CC 1982 §73.640]
No person shall keep, allow or permit to be kept on any premises occupied by him/her or under his/her charge and control any animal or animals or fowl in a pen or other enclosure of any kind under such conditions that an offensive or noxious smell or odor shall arise therefrom to the injury, annoyance or inconvenience of any inhabitant of the neighborhood.
No person may keep 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, unless such person has registered such animals with the local Law Enforcement Agency in the County in which the animal is kept.