[R.O. 1997 §210.010; CC 1989 §4-1; Ord. No. 1110 §1, 2-8-1993; Ord. No. 1579 §1, 3-16-2009]
As used in this Chapter, the following words shall have the meanings ascribed to them in this Section, unless the context otherwise indicates.
- Any animal, bird, fowl, or reptile within the City.
- AT LARGE
- Off the premises of the owner of such animal and not on a leash controlled by some person physically able to prevent the animal from escaping.
- CALENDAR DAY
- Any part of a twenty-four-hour day between 12:00 A.M. and 11:59:59 P.M. of the same day.
- To put to death in an approved humane manner, taking into account the circumstances necessitating the euthanasia and the need to protect the public health.
- Apprehend, seize, catch, trap, net, quarantine, tranquilize, or confine an animal in a humane manner.
- Any person owning, keeping, bringing in or harboring an animal within the corporate limits of the City.
- A dog without a collar with the owner's name and address and current rabies tag attached and whose owner can not be found after reasonable inquiries.
- VICIOUS ANIMALS
- Any animal which has attacked, bitten, or threatened to attack any person being in this City, or which habitually attacks other animals in this City, provided that the same shall have occurred off the premises of the owner.
[R.O. 1997 §210.020; CC 1989 §4-2; Ord. No. 1110 §2, 2-8-1993]
No livestock, including fowl, except cattle and horses shall be kept in the City, and only in an agricultural zone pursuant to zoning ordinances.
[R.O. 1997 §210.030; CC 1989 §4-3; Ord. No. 1110 §3, 2-8-1993]
Any number of animals which exceed the number allowed by the City zoning regulations are prohibited.
[R.O. 1997 §210.040; CC 1989 §4-4; Ord. No. 1110 §4, 2-8-1993]
Every owner of an animal shall keep it from creating a nuisance.
An animal creates a nuisance if it:
Repeatedly soils, defiles, or defecates on property other than property of the owner.
Damages property belonging to a person other than a person responsible for the animal.
Causes unsanitary or dangerous conditions.
Causes a disturbance by barking, howling, meowing, or other noisemaking.
Chases motor vehicles and bicycles.
Molests, threatens, attacks, bites or interferes with persons or other animals on public property or property not belonging to the person responsible for the animal.
Impedes refuse collection, mail delivery, meter reading or other public service.
Repeatedly tips, rummages through, or damages a refuse container.
[R.O. 1997 §210.050; CC 1989 §4-5; Ord. No. 1110 §5, 2-8-1993]
It shall be unlawful for any owner to abandon an animal within the corporate limits of the City.
[R.O. 1997 §210.060; CC 1989 §4-6; Ord. No. 1110 §6, 2-8-1993]
It shall be unlawful for any person to keep, harbor or bring within this City any vicious animal, and suffer or permit the same to be or run at large upon any public street, sidewalk or thoroughfare, or on the premises of persons other than the owner, within the City.
Any animal that has attacked, bitten or acted in a threatening manner toward any person in this City, or which habitually attacks other animals in this City, is declared to be vicious and may be impounded as provided in this Chapter.
If a vicious animal or stray found running at large, in violation of this Chapter, cannot safely be taken up and impounded, the Cassville Police or such other employees or officers of the City as the Board of Aldermen may designate are authorized to kill the same.
[R.O. 1997 §210.070; CC 1989 §4-7; Ord. No. 1110 §7, 2-8-1993]
All dogs and cats shall wear a collar with the owner's name and address and a current metal tag as provided by a veterinarian noting the animal has been vaccinated against the disease of rabies.
The owners of all dogs and cats within the City shall have in their possession a current certificate issued by a licensed doctor of veterinary medicine, certifying that the animal has been vaccinated against the disease of rabies.
Collars with the name and address are not required on dogs whose owners are non-residents temporarily within the City, nor to dogs brought into the City for the purpose of participating in any dog show, nor to "seeing-eye" dogs properly trained to assist blind persons, when such dogs are actually being used by blind persons for the purpose of aiding them in going from place to place, but a current certificate issued by a licensed doctor of veterinary medicine, certifying that such animal has been vaccinated against the disease of rabies must be possessed.
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.
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:
The care and maintenance of neglected 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; and
The avoidance or minimization of any public health risks created by the neglect of the animals.
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.
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 person commits the offense of animal abuse if he or she:
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 which results in substantial harm to the animal.
Note: Under certain circumstances this offense can be a felony under state law.
[R.O. 1997 §210.100; CC 1989 §4-10; Ord. No. 1110 §10, 2-8-1993]
No female dogs in heat shall be allowed to run at large or upon the premises of one other than the owner. If such dog is found running at large in violation of this provision, it shall be taken up and impounded and shall not be released except upon the approval of the Chief of Police and after the payment of proper fees. Provided, however, that if the dog so found at large cannot be safely taken up and impounded and efforts to locate the owner are unsuccessful, such dog may be killed.
[R.O. 1997 §210.110; CC 1989 §4-12; Ord. No. 1110 §12, 2-8-1993; Ord. No. 1421 §1, 9-15-2003]
Order Of Quarantine Generally. The Mayor shall have the power and authority, at any time deemed necessary for the protection of the public, health, welfare and safety, to issue an order to quarantine, and it shall be the duty of any person who owns, controls, possesses, keeps or has in custody any dog, cat or other animal subject to rabies to comply strictly with such quarantine order.
Quarantine Of Dog, Cat Or Other Animal. Owners of a dog, cat or other animals subject to rabies hereof, which has bitten a person or another animal, or which acts in a suspicious manner suggesting rabies, or which is viciously inclined, upon receipt of written notice from the Cassville Police Department or such other employees or officers of the City as the Board of Aldermen may designate, shall deliver such animal to a licensed veterinarian for impoundment of such animal for a period of ten (10) days for rabies observation. Such dog, cat or other animal so impounded or quarantined shall be kept in such manner that neither human beings nor other animals can be bitten during such period of observation.
[R.O. 1997 §210.120; CC 1989 §4-13; Ord. No. 1110 §13, 2-8-1993; Ord. No. 1579 §1, 3-16-2009]
The Cassville Police Department, or such other employees or officers of the City as the Board of Aldermen may designate, are authorized and directed to take into their possession any animal deemed a stray or which presents a threat to the health and welfare of the City or which is repeatedly in violation of Section 205.010.
Animals deemed as strays or which present a threat to the health and welfare of the City and which cannot be safely taken up and impounded may be killed.
Animals taken up for impoundment shall be impounded in the City pound to be designated by the Mayor of the City and there held for no more than seven (7) calendar days. If the owner of the animal so impounded does not appear and claim it within the seven-calendar-day period of impoundment, it shall be destroyed or sold.
[R.O. 1997 §210.130; CC 1989 §4-14; Ord. No. 1110 §14, 2-8-1993; Ord. No. 1579 §1, 3-16-2009]
Any owner claiming an animal that has been impounded under this Chapter shall pay to the City a non-refundable fee of twenty-five dollars ($25.00) for each partial or full calendar day starting the day the animal has been impounded and including the day the animal is recovered by its owner.
In addition, the owner shall provide the City a copy of current immunization, to include rabies vaccination, for the animal within five (5) business days of recovery of the animal. Failure to provide current immunization within five (5) business days will result in a summons, and possible fine, to the identified owner of the animal.
All impoundment fees, along with the owner's name and address will be obtained prior to the release of the animal. All fees must be paid by cash, money order or cashier's check made payable to the City of Cassville. Personal checks will not be accepted. A receipt will be provided for funds received.
Animals determined to be vicious, after full investigation by an authorized City Official, will be euthanized.
[R.O. 1997 §210.140; CC 1989 §4-15; Ord. No. 1110 §15, 2-8-1993]
Any owner of an animal, or any person in charge of or having custody and control of an animal, who shall violate any provision of this Chapter shall be deemed guilty of an ordinance violation and, upon conviction thereof, shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00), plus court costs and any impoundment or other fees relating to the animal.
Each and every occurrence shall be an additional violation and a separate offense subject to fine.