City of Duquesne, MO Regulations Concerning Animal Welfare

[R.O. 2004 § 205.480]

Definitions. As used in this Section, the following terms shall mean:

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.

ADEQUATE CONTROL

To reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal, or property.

ANIMAL

Every living vertebrate except a human being.

ANIMAL SHELTER

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.

FARM ANIMAL

An animal raised on a farm or ranch and used or intended for use in farm or ranch production, or as food or fiber.

HARBOR

To feed or shelter an animal at the same location for three (3) or more consecutive days.

HUMANE KILLING

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 reptiles as allowed by code shall be considered humanely killed.

OWNER

In addition to its ordinary meaning, any person who keeps or harbors an animal or professes to be owning, keeping, or harboring an animal.

PERSON

Any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity.

PESTS

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.

Acts and facilities to which this Section does not apply. The provisions of this Section shall not apply to:

Care or treatment performed by a licensed veterinarian within the provisions of Ch. 340, RSMo.;

Bona fide scientific experiments;

Hunting, fishing, or trapping as allowed by Ch. 252, RSMo., including all practices and privileges as allowed under the Missouri Wildlife Code;

Facilities and publicly funded zoological parks currently in compliance with the Federal Animal Welfare Act, as amended;

Rodeo practices currently accepted by the Professional Rodeo Cowboys' Association;

The humane killing of an animal by the owner thereof, the agent of such owner, or by a veterinarian at the request of the owner thereof;

The lawful, humane killing of an animal by an Animal Control Officer, the operator of an animal shelter, a veterinarian, or Law Enforcement or health official;

With respect to farm animals, normal or accepted practices of animal husbandry;

The killing or injuring of an animal by any person at any time if such animal is outside of the owned or rented property of the owner or custodian of such animal and the animal is injuring or menacing any person or farm animal but shall not include police or guard dogs while working;

10.

The killing of house or garden pests; or

11.

Field trials, training and hunting practices as accepted by the Professional Houndsmen of Missouri.

Animal Neglect And Abandonment — Penalties.

A person is guilty of animal neglect when he/she has custody or ownership or both of an animal and fails to provide adequate care or adequate control, which results in substantial harm to the animal to include:

A structurally sound, properly ventilated, sanitary, dry and weatherproof shelter suitable for the species, age and condition of the animal, which is free of litter or hazardous substances and objects and which provides access to shade from direct sunlight and regress from exposure to inclement weather conditions. The shelter shall have at a minimum a floor, walls with an opening suitable for the size of the animal and a roof. Unacceptable shelter includes but is not limited to barrels, crates, cardboard boxes and tarpaulins;

Wholesome foodstuffs suitable for the species which is provided at suitable intervals for the species in a sanitary manner and in quantities sufficient to maintain good health in the animal considering its age and condition;

Constant access or access at suitable intervals to a supply of clean potable, unfrozen water provided in a sanitary manner and in sufficient amounts for the species to maintain good health in the animal; and

Normal and prudent attention to the needs of the animal, including all required immunizations, sufficient exercise and rest, and grooming to maintain good health and the provision to each sick or injured animal of the adequate veterinary care or humane death.

A person is guilty of abandonment when he/she has knowingly abandoned an animal in any place without making provisions for its adequate care.

Animal neglect and abandonment is punishable pursuant to Section 100.220. All fines and penalties for a first conviction of animal neglect or abandonment may be waived by the court, provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned animals may not be waived.

In addition to any other penalty imposed by this Section, the court may order a person found guilty of animal neglect or abandonment to pay all reasonable costs and expenses necessary for:

The care and maintenance of neglected or abandoned 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 or abandonment; and

The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.

Animal Abuse — Penalties.

A person is guilty of animal abuse when a person:

Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from this ordinance without legal excuse or justification;

Purposely or intentionally causes injury or suffering to an animal without legal excuse or justification;

Has ownership or custody of an animal and knowingly fails to provide adequate care or adequate control;

Causes an animal to be carried, moved or kept in or upon any vehicle in a cruel or inhumane manner; or

Teases or torments an animal in a fashion so as to make such animal mean or aggressive.

Animal abuse is punishable pursuant to Section 100.220.

Animals, Fighting, Training To Fight Or Injuring For Amusement Or Gain, Penalty — Spectator, Penalty.

Any person who:

Owns, possesses, keeps, or trains any animal, with the intent that such animal shall be engaged in an exhibition of fighting with another animal;

For amusement or gain, causes any animal to fight with another animal, or causes any animals to injure each other; or

Permits any act as described in Subsection (E)(1)(a) or (E)(1)(b) of this Section to be done on any premises under his/her charge or control, or aids or abets any such shall be punished pursuant to Section 100.220.

Any person who is knowingly present, as a spectator, at any place, building, or structure where preparations are being made for an exhibition of the fighting of animals, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in Subsection (E)(1)(b) of this Section, with the intent to be present at such exhibition, fighting, or injuring shall be punished pursuant to Section 100.220.

Nothing in this Section shall be construed to prohibit:

The use of animals in the management of livestock by the owner of such livestock or his/her employees or agents or other persons in lawful custody of such livestock;

The use of animals in hunting; or

The training of animals or the use of equipment in the training of animals for any purpose not prohibited by law.

Responsibility Of Parent Or Guardian Of Minor Owning. 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 at any place where the parent or guardian has legal or equitable control.

Neglected Or Abused Animal Not To Be Returned To Owner Or Custodian, When. If a person is adjudicated guilty of animal neglect or animal abuse and the court 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.

Removal Of Animals; Impoundment. The Chief of Police or his/her authorized representative shall have the power to impound any animal within the City described in this Section, to remove animals from private owners and place them in the custody of such Chief of Police or his/her authorized representative in cases where the health or safety of the animal or the public is, in the opinion of the Chief or his/her representative, in immediate danger. Such Chief or his/her representative shall have the power to remove such animals, except from such owners' dwelling, without the consent of the owners, for the protection of the animals or the public, and shall have the right to retain custody of such animals until the threat to the health or safety of the animals or the public, in the opinion of the Chief or his/her representative, has been removed. Any expense incurred in such impoundment becomes a lien on the animal impounded and must be discharged before the animal is released from the custody of the Chief or his/her representative. Fees for dogs, cats and other small animals shall be consistent with Section 205.130. In the case of large animals, private livestock haulers, stables and other services may be utilized by the Chief or his/her representative. The actual cost of the City for these services shall be charged in lieu of the schedule set forth in Section 205.130.

Disposal Of Unredeemed Animals. When the impounded or removed animal is not claimed by its owner and all impoundment costs satisfied within seven (7) days from the date of impoundment, such animal may be sold at public or private sale for fair consideration to a person capable of providing care consistent with this Section, with the proceeds of that sale applied first to discharge of the lien, and any balance to paid over to the owner. If no purchaser is found, the animal may be disposed of in a humane manner at the discretion of the Poundmaster.

Interfering With Enforcing Authority. Any person who shall interfere with the Chief or his/her authorized representative in the performance of his/her duties shall be punished pursuant to Section 100.220.

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Editor's Note: Original Section 205.490, Animal Abuse, of the 2004 Revised Ordinances was repealed 8-8-2016 by Ord. No. 293.