The following words, when used in this Chapter, shall have the
meanings set out herein:
All animals of the canine or feline species, both male and
female.
Any person having a right of property in a dog or cat, or
who keeps or harbors a dog or cat, or who has it in his/her care,
or acts as its custodian, or who knowingly permits a dog or cat to
remain on or about any premises owned or occupied by him/her.
Allowing a dog or cat 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.
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.
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.
Any of the following dogs:
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.
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.
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.
Any dog that has killed another dog, cat or other
domestic animal without provocation.
It shall be unlawful for the owner or keeper of any dog or cat to permit the same to run at large within the City of Ellsinore at any time. Any dog or cat found without the tag provided in Section 205.020, and any dog or cat found running at large, shall be impounded.
The parent or guardian of a minor child is responsible for the
adequate care of any animal owned by, in the control of, or harbored
by that minor child.
A.
It shall be unlawful to own, keep or harbor a vicious dog
in the City of Ellsinore except in accordance with the following provisions:
1.
Leash And Muzzle. No person shall permit a vicious
dog to go outside its kennel or pen unless such dog is securely leashed
with a leash no longer than four (4) feet in length. No person shall
permit a vicious dog to be kept on a chain, rope or other type of
leash outside its kennel or pen unless a person is in physical control
of the leash. Such dogs may not be leashed to inanimate objects such
as trees, posts or buildings. In addition, any vicious dog on a leash
outside its kennel or pen must be muzzled by a muzzling device sufficient
to prevent such dog from biting persons or other animals.
2.
Confinement. All vicious dogs shall be securely
confined indoors or in a securely enclosed and locked pen or kennel,
except when leashed and muzzled as above provided. Such pen, kennel
or structure must have secure sides and a secure top attached to the
sides. All structures used to confine vicious dogs must be locked
with a key or combination lock when such dogs are within the structure.
Said structure must have a secure bottom or floor attached to the
sides of the pen or the sides of the pen must be imbedded in the ground
no less than two (2) feet. Also, such structures must be adequately
lighted and ventilated and kept in a clean and sanitary condition.
3.
Confinement Indoors. No vicious dog may be kept
on a porch, patio or 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 obstacle
preventing the dog from exiting the structure.
4.
Signs. All owners, keepers or harborers of vicious
dogs within the City shall display in a prominent place on their premises
a sign easily readable by the public using the words BEWARE OF DOG.
In addition, a similar sign is required to be posted on the kennel
or pen of such dog.
It shall be the duty of the Chief of Police, the City Police, and any other person of the City of Ellsinore, especially designated by the Board of Aldermen and the Mayor for such purpose, to take up any dog or cat without the tag provided in Section 205.020, any dog or cat 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 or cat, the officers aforesaid are authorized and directed to use traps, nets, tranquilizer guns or any other humane method.
Every officer impounding a dog or cat 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 or cat, 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 or cat before disposition of such dog or cat.
The owner or keeper of any dog or cat impounded under this Chapter
shall pay to the Chief of Police, Police Officer, or other official
especially designated to receive the same, a sum sufficient to reimburse
the City for its costs in impounding such dog or cat and keeping it
impounded.
It shall be the duty of any officer impounding any dog or cat under this Chapter to keep the same impounded for a period of seven (7) days, unless such dog or cat shall be reclaimed by his/her owner or keeper under Section 205.070 of this Chapter. If, after the expiration of seven (7) days from the date of such impoundment, such dog or cat shall not have been reclaimed, the same shall be disposed of or destroyed in a humane manner.
B.
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.
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:
1.
The care and maintenance of neglected animals
within the person's custody or ownership;
2.
The disposal of any dead or diseased animals within
the person's custody or ownership;
3.
The reduction of resulting organic debris affecting
the immediate area of the neglect; and
4.
The avoidance or minimization of any public health
risks created by the neglect of the animals.
A.
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.
B.
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.
A person commits the offense of animal abuse if he/she:
1.
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.
Purposely or intentionally causes injury or suffering
to an animal; or
3.
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.
A.
A person commits the offense of knowingly releasing an
animal if he/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.
B.
As used in this Section, "animal" means every living creature,
domesticated or wild, but not including Homo sapiens.
C.
The provisions of this Section shall not apply to a public
servant acting in the course of such servant's official duties.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
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/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.
