[Ord. No. 163 §1, 9-10-1996]
As used in this Article, the following words shall have the following meanings, unless the context clearly indicates to the contrary:
- AFFECTED WITH RABIES
- Manifesting any of the characteristic symptoms of rabies as described in any standard medical textbook.
- AT LARGE or RUNNING AT LARGE
- Neither confined to the owners property by means of a leash, chain, fence, building, or enclosure, nor under the immediate control of the owner or a member of his/her immediate family, either by leash or otherwise.
- EXPOSED TO RABIES
- Having been bitten by, fought with, or come into contact with an animal believed to be affected with rabies.
- HUMANE EUTHANASIA
- The act or practice of putting an animal to death in a humane or instantaneous manner.
- Any person, firm, or corporation owning, harboring, keeping, or in custody of a dog. This includes temporary custody of someone else's dog for which one is responsible.
- PUBLIC NUISANCE
- Any dog which habitually attacks, maims, or kills pedestrians, passersby, children, or other animals; defecating upon the lawn of a residence other than that of the owners or upon any sidewalk or walkway; allowing such dog's defecation to accumulate to such an extent as to cause a noxious stench or odor or to draw flies and other insects; damages the property of others; continually breaking loose from its chain or area of confinement, having a mean, vicious, or unruly temperament or nature; having body sores or an infectious disease, etc.; overturns or removes trash and other debris from refuse containers or spreads trash and other debris into yards or onto roadways.
- REPEATED OFFENDERS
- Animals or owners who repeatedly violate the Sections of this Article more than three (3) times within three hundred sixty-five (365) days [one (1) calendar year].
- Any person who lives within the City limits of the City of Bellflower for a period which meets or exceeds fifteen (15) days.
- UNTIMELY HOURS
- The hours between 10:00 P.M. and 5:00 A.M.
- Any animal which displays a mean or unruly temperament, charges or attacks person(s) or other animals, attacks, maims, or kills person(s) or other animals.
[Ord. No. 163 §2, 9-10-1996]
No owner shall permit such dog to run at large within the City limits of Bellflower, Missouri.
[Ord. No. 163 §3, 9-10-1996]
No person shall own, harbor, or keep any dog over the age of six (6) months within the City limits of Bellflower, Missouri, unless an annual dog license for such dog is obtained from the City of Bellflower as hereinafter set forth. This Section shall not apply to Seeing Eye dogs which are being used as such by a legally blind person, or to owners who are non-residents who are temporarily staying within the City limits of Bellflower with their dog. "Temporarily" as used herein means fourteen (14) days or less.
[Ord. No. 163 §4, 9-10-1996]
No person, firm, or corporation shall own, keep, harbor, or maintain custody of a dog within the City limits of Bellflower, Missouri, which barks or cries habitually, excessively, or at untimely hours.
Every person, firm, corporation, or person(s) maintaining custody of a dog within the City limits of Bellflower, Missouri, shall exercise proper care and control of such dog to prevent same from becoming a public nuisance as defined in this Article.
Every owner shall provide their dog with inoculations against rabies at least once a year, with the exception that this provision shall not apply to dogs less than six (6) months old.
Every owner shall provide their dog with sufficient, good and wholesome food and water, a reasonably clean and proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment. No person shall beat, cruelly ill-treat, torment, or otherwise abuse any dog, or cause any dog to fight or otherwise combat between such dog and any other dog, animal or human. No owner shall abandon any dog within the City limits of Bellflower, Missouri. No person shall crop a dog's ears except when a licensed veterinarian issues a signed certificate that states the operation is necessary for the dog's health or comfort and in no event shall any person except a licensed veterinarian perform such operation.
[Ord. No. 163 §5, 9-10-1996]
The annual dog license mentioned in Section 205.030 above shall be issued according to the following procedures:
Before such license is issued, the applicant shall make application on a form provided by the City Clerk. At the time of making such application, the applicant shall present the City Clerk with a certificate of inoculation against rabies, and such certificate shall show that said dog has been duly inoculated for rabies within the past twelve (12) months. Such certificate shall contain the following information:
Such license shall be issued by the City Clerk for a fee of three dollars ($3.00) for each male or spayed female dog, and five dollars ($5.00) for each unspayed female dog, which fee shall be paid in full at the time of making such application. The term of each license shall be from December 1 until November 30 of the next succeeding year, or from the date of issuance until the following November 30 if issued after said December 1.
It shall be the duty of each owner of a dog to obtain the dog license on or before the first day of December in each year, or upon becoming a dog owner of such dog, or upon such dog attaining the age of six (6) months, or upon establishing residence in the City limits of Bellflower, Missouri. Each license shall expire on the 30th day of November following the effective date of such license.
Upon issuance of the license, the City Clerk shall issue to the owner a license certificate and a metallic tag for each dog so licensed, and such tag shall contain an identifying number corresponding to the number shown on the license issued.
Each owner shall provide each dog with a collar to which the metallic tag must be affixed and such owner shall see that said collar and tag are constantly worn by such dog.
In the event that a metallic tag is lost or destroyed, a replacement shall be issued by the City Clerk upon presentation of the license certificate previously issued and upon certification, in writing, in a form acceptable to the City Clerk as to such loss or destruction.
Dog tags shall not be transferred from one dog to another dog, and no refund shall be made on any dog license because of death or loss of the dog, or because the owner or dog leaves the City before the expiration date.
[Ord. No. 163 §6, 9-10-1996]
Duly constituted agents, servants, independent contractors, and Police Officers of the City of Bellflower, Missouri, shall have the power to take or have taken and have impounded all dogs and other animals as follows:
All unlicensed dogs over the age of six (6) months.
All unlicensed dogs which are running at large, regardless of age, whether licensed or unlicensed.
All dogs and other animals affected with rabies, whether such dog or other animal is running at large, or confined, leashed, chained, or otherwise secured, and whether licensed or unlicensed.
All dogs and other animals reasonably suspected to be exposed to or affected with rabies, whether such dog or other animal is running at large, or confined, leashed, chained, or otherwise secured, and whether licensed or unlicensed.
Any animal running at large which demonstrates a vicious nature, so as to constitute a danger to the public health, safety, or welfare of the City or its inhabitants.
Duly constituted agents, servants, independent contractors, and Police Officers of the City of Bellflower, Missouri, shall have the right of entry to any property or premises in pursuance of their duties or rights in enforcing the provisions of this Article.
It shall be unlawful for any person to conceal an animal or animals or to interfere with any of the duly constituted agents, servants, independent contractors, and Police Officers of the City of Bellflower, Missouri, acting in pursuance of their duties or rights in enforcing the provisions of this Article.
Impoundment may be in any animal shelter designated by the Board of Aldermen.
The person, firm, or corporation which operates such shelter shall maintain and equip said shelter to care for the animals in a humane manner.
When any animal is impounded, the City Clerk shall immediately be notified by the person who impounded such animal. Such person shall also post written notice at the City Hall in the place designated by the City for such notices, and which notice shall set forth:
Date of impoundment.
A description of such animal.
A license tag number, if applicable.
A statement that if the animal is not claimed within one (1) week of the date of impoundment, the animal shelter designated by the City of Bellflower, Missouri, shall have the right to exercise humane euthanasia.
Any fierce, vicious, or dangerous dog running at large, or any animal suspected to be affected with or exposed to rabies may be impounded for any length of time deemed necessary by the duly constituted agents, servants, independent contractors, and Police Officers of the City of Bellflower, Missouri, or in any case of emergency where it reasonably appears that such action is necessary to protect the health, welfare, or safety of the inhabitants of the City, such dog may be shot forthwith.
If a dog has bitten a person, or attacks, maims, or kills other animals or people, or if it has become viciously inclined, or it acts in a suspicious manner suggesting rabies, any duly constituted agents, servants, independent contractors, and Police Officers of the City of Bellflower, Missouri, shall have the right to forthwith impound such animal for a period of at least ten (10) days to be observed for signs which suggest rabies, and will quarantine such animal so as it does not come into contact with any other animals or human beings alike. Upon completion of the ten-day holding period, or as soon as a quorum can be obtained by the City Aldermen in lawful assembly, all information available will be presented to the Board of Aldermen to determine if the health, safety, and welfare of the inhabitants of the City of Bellflower may be at risk. If it is determined by a majority vote that the animal in question presents a direct danger to the City or its inhabitants, the animal shelter authorized by the City of Bellflower, Missouri, may carry out humane euthanasia on said animal as ordered by the City. The animal owner shall be served written notice on the decision of the Board.
A dog or other animal impounded under the provisions of this Article and ascertained not to be affected with rabies, or determined not to be vicious in nature, may be redeemed to the custody of the owner or other person having the right to such animal as follows:
Such animal must be inoculated for rabies prior to the release of said animal from the authorized animal shelter, if this has not already been done. The owner of said animal is responsible for the cost of this inoculation.
A City license must be obtained prior to the release of the animal from the authorized animal shelter, if this has not already been done.
A release must be obtained from a duly constituted agent, servant, independent contractor, and Police Officers of the City of Bellflower, Missouri, by payment of the sum of five dollars ($5.00) for apprehending said dog, plus five dollars ($5.00) per day for keeping such dog.
Redemption privileges are revoked unless done within five (5) days of impoundment, or following an observation period of at least ten (10) days.
If such animal is not claimed within five (5) days after impoundment and notice given as prescribed herein, with all fees and charges paid, the duly constituted agents, servants, independent contractors, and Police Officers of the City of Bellflower, Missouri, shall have the permission of the City to enact humane euthanasia and dispose of its carcass by burial or cremation. If a family applies to the City to adopt such animal for a household pet, this course of action could be taken upon the express written consent of the Board of Aldermen. However, in no event shall such animal be given, sold, donated or transferred to any person, group, or organization for medical or other experiments, tests, or observations, etc.
[Ord. No. 163 §8, 9-10-1996]
Any person, firm, or corporation which breeds, sells, or conducts breeding services within the City limits of Bellflower, Missouri, or operates a kennel which houses or trains animals, must apply for and receive a business license to operate such kennel or firm, and must meet all local and State law requirements to operate such business, including the proof of liability insurance. Exclusions to this Section will apply to animals which are raised for the sole purpose of human consumption.
All owners, firms, or corporations within the City limits of Bellflower, Missouri, shall own, keep, harbor, or maintain custody of no more than three (3) dogs at any time as pets. Any dogs which exceed this number will constitute a kennel or breeding facility, and will be responsible for ascertaining the appropriate licenses for conducting such business. Exceptions to this Article will be female dogs which have just given birth, and whose offspring have not yet reached the age of three (3) months.
[Ord. No. 163 §9, 9-10-1996]
Each violation of any of the provisions of this Article shall constitute an offense, and every person convicted of a violation of any such provisions shall be punished by a fine of:
First offense: twenty-five dollars ($25.00).
Second offense: fifty dollars ($50.00).
Third offense: seventy-five dollars ($75.00).
And shall increase twenty-five dollars ($25.00) for each consecutive offense not to exceed five hundred dollars ($500.00), or by imprisonment for up to but not exceeding ninety (90) days; or both such fine and imprisonment. Repeated offenders shall be dealt with by the assigned court in a proper fashion.
Each separate violation of each provision of this Article shall be deemed a separate offense.
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 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 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.
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.