[CC 1985 § 4-45; Ord. No. 927, 10-6-2008]
As used in this Article, the following
terms shall have the meanings indicated:
Normal and prudent attention to the needs of an animal, including
wholesome food, clean water, shelter and health care as necessary
to maintain good health in a specific species of animal.
To reasonably restrain or govern an animal so that the animal
does not injure itself, any person, any other animal, or property.
Every living vertebrate except a human being.
A facility which is used to house or contain animals and
which is owned, operated, or maintained by a duly incorporated humane
society, animal welfare society, society for the prevention of cruelty
to animals, or other not-for-profit organization devoted to the welfare,
protection, and humane treatment of animals.
An animal raised on a farm or ranch and used or intended
for use in farm or ranch production, or as food or fiber.
To feed or shelter an animal at the same location for three
(3) or more consecutive days.
The destruction of an animal accomplished by a method approved
by the American Veterinary Medical Association's Panel on Euthanasia
(JAVMA 173: 59-72, 1978), or more recent editions, but animals killed
during the feeding of pet carnivores shall be considered humanely
killed.
In addition to its ordinary meaning, any person who keeps
or harbors an animal or professes to be owning, keeping, or harboring
an animal.
Any individual, partnership, firm, joint-stock company, corporation,
association, trust, estate, or other legal entity.
Birds, rabbits, or rodents which damage property or have
an adverse effect on the public health, but shall not include any
endangered species listed by the United States Department of the Interior
nor any endangered species listed in the Wildlife Code of Missouri.
B.Â
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.Â
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:
1.Â
The care and maintenance of neglected animals within the person's
custody or ownership;
2.Â
The disposal of any dead or diseased animals within the person's
custody or ownership;
3.Â
The reduction of resulting organic debris affecting the immediate
area of the neglect; and
4.Â
The avoidance or minimization of any public health risks created
by the neglect of the animals.
A.Â
A person commits the offense of animal abuse if he or she:
1.Â
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.Â
Purposely or intentionally causes injury or suffering to an
animal; or
3.Â
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.
[CC 1985 § 4-48; Ord. No. 927, 10-6-2008]
If a person is adjudicated guilty
of the crime of animal neglect or animal abuse and the court having
jurisdiction is satisfied that an animal owned or controlled by such
person would in the future be subject to such neglect or abuse, such
animal shall not be returned to or allowed to remain with such person,
but its disposition shall be determined by the court.
