Article I General Provisions
Article II Additional Animal Regulations
[R.O. 2012 § 208.010; Ord. No. 142 § 1, 8-18-1992; Ord. No. 261, 1-2-2002; Ord. No. 268, 7-16-2002]
No dog, cat or other domestic animal shall be permitted to run at large within the limits of this City.
[R.O. 2012 § 208.020; Ord. No. 142 § 2, 8-18-1992; Ord. No. 261, 1-2-2002; Ord. No. 268, 7-16-2002]
The restriction imposed by Section 205.010 shall not prohibit the appearance of any dog or other domestic animal upon the streets or public property when such animal is on a leash or under direct control of the accompanying person.
[R.O. 2012 § 208.030; Ord. No. 142 § 3, 8-18-1992; Ord. No. 236, 1-14-1999; Ord. No. 261, 1-2-2002; Ord. No. 268, 7-16-2002]
No person owning or charged with the care or control, in whole or in part, of any domestic animal shall:
Allow or permit the animal to frequently or habitually bark, whine, howl, cry, or make other loud noises indicative to said animal which disturb the peace and quiet of the neighborhood.
Allow or permit the animal to threaten, molest or otherwise disturb persons afoot; on bicycle, skates, skateboard or other self-propelled device; or in vehicles by chasing, barking or biting or other such actions indicative to said animal.
Allow their animal to leave excrement on any other's lawn or garden or on any surfaced driveways, parking lots or streets within this City.
Allow their animal to become a nuisance.
[R.O. 2012 § 208.040; Ord. No. 142 § 4, 8-18-1992; Ord. No. 261, 1-2-2002; Ord. No. 268, 7-16-2002]
No animal owner shall keep or cause to be kept any dog over four (4) months of age within the City after the first day of October 1992, unless a license therefore has been first secured. Licenses shall be issued by the City Clerk for a fee of three dollars ($3.00) for each dog. Every application for a dog license shall be accompanied by a certificate from a qualified veterinarian attesting that the dog to be licensed has been given a vaccination against rabies in compliance with Section 205.090. Licenses shall expire on the 30th day of September next following their issuance.
[R.O. 2012 § 208.045; Ord. No. 292 §§ 1-3, 5-18-2004; Ord. No. 299, 5-17-2005]
Defining A Dangerous Dog.
Any dog with the following characteristics shall be classified as dangerous:
Any dog that 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 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 such statement.
Any dog that causes injury by attacking a domestic animal, livestock or poultry without provocation, while off the dog owner's property or running at large.
Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.
Any dog that has bitten a human being, without provocation, on public or private property including the property of the owner.
Exemptions to dangerous dog classification.
With the exception of paragraph (A)(1)(a), 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.
With the exception of paragraph (A)(1)(a), the investigation of an incident may, because of extenuating circumstances, determine that an animal is not dangerous. However, the owner, being responsible for said dog, may be warned of the animal's tendencies and to take appropriate action to prevent subsequent incidences. This, however, does not exempt the owner from being cited for other animal control ordinance violations.
Dogs owned by governmental or Law Enforcement Agencies when being used in the services of those agencies are exempt.
Actions to be taken for dangerous dogs causing severe or fatal injuries.
Any dangerous dog that 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 subject to a ten (10) day rabies quarantine according to current Missouri Health Department guidelines.
The owner or keeper shall notify the Police Department immediately if a dangerous dog is loose, unconfined or missing, has attacked another animal or has attacked a human being.
The owner or keeper shall notify the Police Department within twenty-four (24) hours if a dangerous dog has died or has been sold or 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, and the new owner, if the dog is kept within the City limits of Kimberling City, must comply with the requirements of this Section.
While on the owner's property, a dangerous dog must be securely confined indoors or in a securely enclosed locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. 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 a litter of puppies under three (3) months of age, the puppies may occupy the same enclosure as the mother.
No dangerous dog may be kept on a 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.
The owner or keeper shall display a sign on the 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 must be posted on all sides of the kennel or pen or fenced yard of such animal.
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 person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but must prevent it from biting any person or animal. While off the owner's premises, a dangerous dog may not be leashed to inanimate objects such as trees, posts or buildings, etc.
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 hundred thousand dollars ($100,000.00) covering the twelve-month period during which licensing is sought. This policy shall contain a provision requiring the City of Kimberling City to be notified by the insurance company of any cancellation, termination or expiration of the policy.
All owners or keepers of dangerous dogs must, within ten (10) days of such declaration, provide the Police Department with two (2) color photographs (one (1) showing the left profile, the other showing the right profile) of the animal clearly showing the color and approximate size of the animal.
It shall be unlawful for the owner or keeper of a dangerous dog within the City of Kimberling City to fail to comply with the requirements and conditions set forth in this Section.
Penalty. Any person, firm or corporation violating this Section shall be deemed guilty of an ordinance violation and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500.00). Any person, firm or corporation deemed guilty of violation of this Section for a second time or more shall be punished by a fine of five hundred dollars ($500.00) and/or up to ninety (90) days confinement in the Stone County Jail.
[R.O. 2012 § 208.050; Ord. No. 142 § 5, 8-18-1992; Ord. No. 261, 1-2-2002; Ord. No. 268, 7-16-2002]
It shall be the duty of each owner of an animal to pay the license fee imposed in Section 205.040 to the City Clerk on or before the first day of October each year, or upon acquiring ownership or possession of any unlicensed animal, or upon establishing residence in the City. The City Clerk shall cause a notice of the necessity of paying such license fee to be printed in two (2) local newspapers one (1) time before the first day of September each year.
[R.O. 2012 § 208.060; Ord. No. 142 § 6, 8-18-1992; Ord. No. 261, 1-2-2002; Ord. No. 268, 7-16-2002]
Upon the payment of the license fee, the City Clerk shall execute a receipt in duplicate, deliver the original receipt to the person who pays the fee, and retain the duplicate as the "Official Record of Licensed Animals within Kimberling City, Missouri." The City Clerk shall also procure a sufficient number of suitable tags, the shape and/or color of which shall be different for each license year, and shall deliver one (1) appropriate tag to the owner when the fee is paid.
[R.O. 2012 § 208.070; Ord. No. 142 § 7, 8-18-1992; Ord. No. 261, 1-2-2002; Ord. No. 268, 7-16-2002]
The owner shall cause said tag to be affixed by a permanent fastener to a collar on the animal so licensed in such manner that the tag is constantly worn by such animal. Purchase or manufacture of a collar, appropriate to the size of the animal licensed, is the responsibility of the owner.
[R.O. 2012 § 208.080; Ord. No. 142 § 8, 8-18-1992; Ord. No. 261, 1-2-2002; Ord. No. 268, 7-16-2002]
[R.O. 2012 § 208.090; Ord. No. 142 § 9, 8-18-1992; Ord. No. 261, 1-2-2002; Ord. No. 268, 7-16-2002]
No license shall be granted for a dog that has not been vaccinated against rabies prior to the making of an application for such license and said vaccination is certified to be effective at time of such application. Vaccination shall be performed only by a doctor licensed to practice veterinary medicine in the State of Missouri or lawfully licensed in another State. A qualified veterinarian who vaccinates a dog to be licensed in the City shall complete in duplicate a certificate of vaccination, which shall certify the efficacy of the vaccination. One (1) copy shall be issued to the dog owner for affixing to the license application, and one (1) copy shall be retained in the veterinarian's files.
[R.O. 2012 § 208.100; Ord. No. 142 § 10, 8-18-1992; Ord. No. 261, 1-2-2002; Ord. No. 268, 7-16-2002]
Any person, firm or corporation violating Subsection (A)(1), (3) or (4) of Section 205.030 of this Chapter shall be deemed guilty of an ordinance violation and upon conviction thereof shall be punished by a fine of not more than one hundred dollars ($100.00). Any person, firm or corporation deemed guilty of violation of Subsection (A)(1), (3) or (4) of Section 205.030 for a second time or more, or who violates Subsection (A)(2) of said Section shall be punishable by a fine of not more than five hundred dollars ($500.00) and/or up to ninety (90) days confinement in the Stone County Jail.
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.
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.
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.