[CC 1985 § 6-1; Ord. No. 7040 § 2(1), 5-5-1997]
A. 
The purpose of this Article is to promote harmonious relationships in the interaction between man and animal by:
1. 
Protecting animals from improper use, abuse, neglect, exploitation, inhumane treatment and health hazards;
2. 
Delineating the animal owner's or harborer's responsibility for the acts and behavior of his animal at all times;
3. 
Providing security to residents from annoyance, intimidation, injury and health hazards by animals;
4. 
Encouraging responsible pet ownership; and
5. 
Providing standards for any and all persons and agencies, public or private, engaged in confinement, buying, selling, harboring or dealing in animals in any manner whatsoever.
[CC 1985 § 6-2; Ord. No. 7040 § 2(2), 5-5-1997; Ord. No. 7142 § 1, 10-5-1998; Ord. No. 7884 § 1, 6-15-2009]
As used in this Chapter, the following terms shall have the meanings indicated:
ANIMAL
Any mammal domestic or wild, other than man, which may be affected by rabies.
ANIMAL CONTROL OFFICER
That person appointed by the Chief of Police.
ANIMAL NUISANCE
Is created when an animal:
1. 
Runs uncontrolled (except cats);
2. 
Molests or disturbs persons or vehicles by chasing, barking or biting;
3. 
Attacks other animals;
4. 
Damages property other than that of the owner or harborer;
5. 
Barks, whines, howls, honks, brays, cries or makes other noises excessively;
6. 
Creates noxious or offensive odors;
7. 
Defecates upon any public place or upon premises not owned or controlled by the owner or harborer unless promptly removed by the animal owner or harborer; or
8. 
Creates an insect breeding and/or attraction site due to an accumulation of excreta.
ANIMAL SHELTER
A licensed facility, public or private, used to impound, confine and house animals seized, lost, abandoned or given over by owners.
APPROPRIATE SHELTER
A cover or protection from the elements containing adequate bedding such as straw, hay, or wood shavings, which cover or protection is small enough to allow the dog or cat to retain its body heat but is large enough to allow protection from the sun and allow the animal to stand, turnaround and lie down.
BITE
To be seized with the teeth or jaws so that a person or animal has been nipped, gripped, wounded, pierced or scratched by the biting animal.
BOARDING KENNEL
A licensed facility other than an animal hospital, the City pound or an animal shelter where animals, normally dogs and cats, not owned by the proprietor, are temporarily sheltered, fed, watered, and exercised in return for a fee.
BREEDER
Any person who harbors four (4) or more animals, or who breeds animals for profit or who produces more than one (1) litter of animals, normally dogs or cats, in any one calendar year.
CAT
Any member of the animal species Felis catus.
CITY
The City of Marshall, Missouri, a municipal corporation of the third class.
CONTROL OF AN ANIMAL
The same is on a leash not more than eight (8) feet in length; is restrained on or within a vehicle being driven or parked; or is within the property limits of its owner or harborer or upon the premises of another person with the consent of that person, except as set forth in Section 205.390 regarding vicious dogs.
DOG
Any member of the animal species Canis familiaris.
DOMESTIC ANIMAL
Includes dogs, cats, domesticated sheep, horses, cattle, goats, swine, fowl, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants and other birds and animals raised and/or maintained in confinement.
EUTHANASIA
The act of inducing a humane death by a technique which produces rapid loss of consciousness, followed by cardiac arrest and ultimate loss of brain function.
EXHIBITOR
A person who exhibits animals, for compensation or improvement of the breed.
GROOMER
A person who performs the service of trimming, bathing or pedicure of animals, normally dogs and cats.
HARBORER
Any person who provides food and shelter to any domesticated animal on other than a periodic or temporary basis.
NON-DOMESTIC ANIMAL
All felines (other than the domestic house cat), nonhuman primates, bears, wolves, coyotes, foxes and venomous reptiles, any animal having a poisonous bite, constrictor reptiles, and any crossbreed of such animals which have similar characteristics of the animals specified herein. In order to properly administer the provisions of this Section, the Animal Control Commission may add to or remove from the classification of non-domestic animals any bird, mammal, reptile, aquatic and amphibious forms, or other members of the animal kingdom. Additions to the list may be made only if the Animal Control Commission determines, after public hearing, that such species because of habit, mode of life or natural instinct is incapable of being domesticated, requires the exercise of art, force, or skill to keep them safely in subjection, and would create a reasonable likelihood of hazard to the public. Each determination by the Animal Control Commission as to additions or deletion shall become effective when filed with the City Clerk.
OWNER
Any person having the right of property in any animal; who keeps an animal; who has an animal in his care or custody; or who knowingly permits an animal to remain on or about any premises occupied by him.
PERSON
Any individual, firm, corporation, partnership, association, trust, estate or other legal entity.
PET SHOP
An establishment operated by a person which acquires animals, birds, reptiles and fish bred by others whether an owner or agent or on consignment and sells, offers to sell, exchanges or offers for adoption with or without charge such animals, birds, reptiles and fish as domestic pets to the general public at wholesale or retail.
POUND
That facility as designated by the City used to temporarily shelter, confine and house animals that have been seized.
TETHER/TETHERING
To attach an animal to a stationary object or pulley run by means of a chain, rope, tether, cable or similar restraint, but does not include the use of a leash to walk a dog.
TRAINER
A person qualified by training and experience in training animals for work, hunting, pleasure, obedience or exhibition.
VACCINATION
The administration of vaccine by a licensed veterinarian at such intervals as required by state statutes and the State Department of Agriculture.
VICIOUS (DANGEROUS) DOG
1. 
Any dog over 25 pounds in weight that attacks a person where the person may lawfully be at any time without other provocation; or any dog whose attack or bite breaks a bone, requires sutures or causes other serious injury; or any dog declared to be vicious by the Animal Control Officer.
2. 
Exceptions:
a. 
Dogs owned by governmental or law enforcement agencies when being used in the service of those agencies;
b. 
Work dogs, to include service dogs trained to assist the handicapped.
3. 
No dog may be declared vicious if the Animal Control Officer determines that:
a. 
The attack 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 animal, or was teasing, tormenting, abusing, or assaulting the animal, or has, in the past, been observed or is reported to have teased, tormented, abused or assaulted the animal or was committing or attempting to commit a crime; and
b. 
The actions of the injured person caused the attack.
WORK DOG
Any member of the animal species Canis familiaris trained for and actively engaged in rescue, law enforcement or war work, or as a guide of the blind or deaf.
[CC 1985 § 6-3; Ord. No. 7040 § 2(3), 5-5-1997]
A. 
There is hereby created the position of Animal Control Officer within the organization of the Police Department. The Animal Control Officer or his agent, or any officer of the law:
1. 
May enter upon private premises to apprehend a stray, a vicious animal, a wild creature, a non-domestic animal, or an animal suspected of being infected with rabies;
2. 
May enter upon private premises to investigate complaints of irresponsibility or inhumane animal care; and
3. 
May seize, impound and dispose of any vicious animal of any kind when necessary for the protection of any person or animal.
[CC 1985 § 6-4.1; Ord. No. 7040 § 2(4.1), 5-5-1997]
The Animal Control Officer shall maintain a registry of all animals served by the shelter, including date of receipt and discharge, reason for use, description of the animal, itemization of impoundment expenses incurred and disposition.
[CC 1985 § 6-5; Ord. No. 7040 § 2(5), 5-5-1997]
It shall be unlawful for any person under the age of 17 to own or harbor a domestic animal.
[CC 1985 § 6-5.1[2]; Ord. No. 7142 § 2, 10-5-1998]
It shall be unlawful for any person to butcher or kill for the purpose of butchering outside and within one hundred (100) feet of a residence any domestic animal except confined domestic hares and rabbits, fowl, ducks, geese, turkeys, pheasants and other birds.
[CC 1985 § 6-6; Ord. No. 7040 § 2(6), 5-5-1997]
A. 
There is hereby established a Commission to be known as the "Animal Control Commission." The Commission shall be concerned with application of this Chapter to satisfy the goals set forth in Section 205.010, may make recommendations on enforcement or amendments of regulations, and may hear and make determinations on nuisance complaints as hereinafter set forth. It shall be the Commission's function and duty to:
1. 
Study the problems of human and animal interactions and possible solutions;
2. 
Keep the Council advised of study results and offer recommendation for the improvement of human and animal relationships and amendments to this Chapter;
3. 
Revoke any permit issued to a breeder; and
4. 
Hear, consider and make determinations on nuisance and vicious animal charges brought pursuant to this Chapter.
[CC 1985 § 6-6.1; Ord. No. 7040 § 2(6.1), 5-5-1997]
The Commission shall be comprised of one (1) licensed veterinarian and two (2) members of the City Council. The Council members shall be appointed by the Mayor, subject to the approval of the Council.
[CC 1985 § 6-6.2; Ord. No. 7040 § 2(6.2), 5-5-1997]
The veterinarian member shall be selected from the licensed veterinarians who are residents of or practicing within the City and who volunteer to serve on the Commission. Veterinarians volunteering for service on the Commission shall be placed on a list in alphabetical order, and shall serve on a rotating basis such that the first name so listed serves for a period of twelve (12) months, or three (3) contested hearings, whichever first occurs. Said member shall then be replaced by the next in order, who shall serve for a similar term. In the event of a conflict of interest, the next veterinarian on the list shall serve in the conflicted case.
[CC 1985 § 6-7; Ord. No. 7040 § 2(7), 5-5-1997]
All cases of rabies occurring within the City shall be reported to the Police Department. If in the opinion of the Saline County Health Inspector, pursuant to City contract, danger of rabies epidemic exists, legal notice shall be used to inform all owners and harborers of animals to confine or securely muzzle their animals for such period of time as shall be designated in the published notice.
[CC 1985 § 6-8; Ord. No. 7040 § 2(8), 5-5-1997]
It shall be unlawful for the owner or harborer of any animal to refuse or fail to promptly surrender any animal suspected of being affected by rabies. Any animal suspected of being affected by rabies shall be seized by the Animal Control Officer and handled according to the most recently published compendium on rabies.
[CC 1985 § 6-9; Ord. No. 7040 § 2(9), 5-5-1997]
It shall be unlawful for the owner of any domestic animal to knowingly cause or allow the same to run at large or be exposed in any public place anywhere in the City, or to ship or remove such animal from the owner's premises when same is afflicted with a contagious or infectious disease except under the supervision of the Animal Control Officer. This provision shall not prevent taking a diseased animal to a licensed veterinarian. It shall be the duty of the Animal Control Officer to order the disposition of such diseased animals and treatment of the affected premises to prevent the communication and spread of contagion or infection except in cases where the State Veterinarian is empowered to act and does act.
A. 
A person commits the offense of animal neglect if he or she:
1. 
Has custody or ownership of an animal and fails to provide adequate care; or
2. 
Knowingly abandons an animal in any place without making provisions for its adequate care.
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 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 or 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.
[CC 1985 § 6-11; Ord. No. 7040 § 2(11), 5-5-1997]
It shall be unlawful for the owner or harborer of any dog, cat or other domestic animal to cause or permit such animal to perform, create or engage in any nuisance as defined by Section 205.020. Any animal found acting in any manner forbidden by this Chapter, in the determination of the Animal Control Officer, shall hereby be declared a nuisance and its owner or harborer shall be subject to citation.
[CC 1985 § 6-12; Ord. No. 7040 § 2(12), 5-5-1997]
No person shall appear with an animal upon the public ways, within public places or upon the property of another, absent that person's consent, without some means for the removal of excrement; nor shall any person fail to remove any excrement deposited by such animal. This Section shall not apply to a blind person while walking his or her guide dog.
[CC 1985 § 6-13; Ord. No. 7040 § 2(13), 5-5-1997]
A. 
It shall be unlawful for any person to keep, permit or have custody of any of the following anywhere in the City:
1. 
Any wild creature contrary to federal, state or local laws or regulations;
2. 
Any imported creature as is subject to special permit and licensing by the State Department of Agriculture; or
3. 
Any non-domestic animal.
[CC 1985 § 6-14; Ord. No. 7040 § 2(14), 5-5-1997]
Exhibitions or parades involving animals may be conducted only upon the issuance of a permit therefor by the Chief of Police. Performing exhibits, circuses and parades must be investigated in advance as to purpose, intent, animal care procedures and assurances for human health and safety.
[CC 1985 § 6-15; Ord. No. 7040 § 2(15), 5-5-1997]
All female animals in heat shall be confined in a building or secure enclosure or upon leash in such manner that the animal cannot come into contact with a male animal except for planned breeding.
[CC 1985 § 6-16; Ord. No. 7040 § 2(16), 5-5-1997]
It shall be unlawful for the owner or harborer of an animal involved in a biting incident to euthanize, sell, give away or otherwise dispose of such animal until a full release on the incident has been issued by the Animal Control Officer.
[CC 1985 § 6-17; Ord. No. 7040 § 2(17), 5-5-1997]
A. 
Impoundment. Regardless of animal age or license status, the owner or harborer of an animal inflicting a bite shall immediately impound the animal with a licensed veterinarian or with the City pound for a period of ten (10) days. The expense thereof, including expenses for medical care, shall be paid by the owner or harborer of the animal.
B. 
Impoundment Exception. When the bitten person is a member of the same household as the owner or harborer of the animal inflicting the bite, or when, in the judgment of the Chief of Police, special circumstances exist which makes impoundment impractical, such impoundment may be upon the premises. Impoundment shall mean within a structure or secure enclosure or upon leash only upon the premises of the owner or harborer. The animal inflicting the bite shall be examined by a veterinarian on the first and 10th day of such confinement.
C. 
Reporting. All incidents of bite shall be reported immediately to the Animal Control Officer or his agent.
D. 
Disposition Of Animal. It shall be unlawful for the owner or harborer of an animal which has inflicted a bite to dispose of such animal by sale, exchange, barter or give away without full disclosure of the animal's history.
[CC 1985 § 6-18; Ord. No. 7040 § 2(18), 5-5-1997]
A. 
It shall be unlawful for the owner of any domestic animal, except cats, to cause or allow the same to run at large in the City or be picketed or tied in any public place for the purpose of grazing or feeding. It shall be the duty of the Animal Control Officer or his agent to apprehend and impound any such animal not under control. In the event any animal cannot be safely captured and is deemed to be a threat to any person or property, the Animal Control Officer is hereby empowered to destroy the animal. Depending upon circumstances, impounding shall be in the City pound as follows:
1. 
Known Ownership.
a. 
When the owner or harborer of a stray animal is known through licensing, collar identification or other immediate means, the Animal Control Officer shall notify such person of the impounding within five (5) business days of the impoundment by phone or by mail.
b. 
The release of an impounded animal shall not be made by the Animal Control Officer until all expenses of apprehension, notification and impounding have been paid by the owner or harborer.
c. 
If the impounded animal is one (1) requiring a license and/or rabies vaccination, the owner or harborer shall have five (5) days in which to present proof of licensing and/or rabies vaccination to the Animal Control Officer.
d. 
The known owner or harborer of the stray animal shall have five (5) business days from the time of notification in which to claim the animal. Failure by the known owner or harborer to obtain release of the impounded animal within this time period shall be deemed an act of disclaiming and the Animal Control Officer shall offer the animal for adoption or humanely destroy the animal.
2. 
Unknown Ownership.
a. 
When the owner or harborer of a stray animal cannot be ascertained, the animal shall be locally impounded for at least one (1) week.
b. 
If unclaimed beyond this time period, the Animal Control Officer shall offer the animal for adoption or euthanize the animal.
[CC 1985 § 6-19; Ord. No. 7040 § 2(19), 5-5-1997]
A. 
If, for any reason, the owner or harborer of an animal chooses to disclaim ownership of same or voluntarily delivers the animal to be disclaimed to the Animal Control Officer; executes formal acknowledgment of such an act; and pays the consignment fee involved, the Animal Control Officer shall offer the animal for adoption or euthanize the animal, without regard to the time period cited above.
1. 
There shall be no adoption fee for animals taken up and impounded.
2. 
Animals picked up for any violation shall be considered City property until such time as they are claimed by their rightful owners. Any unauthorized removal of animals from the animal shelter shall be considered a violation of this Code.
3. 
No animal shall be impounded and retained at the shelter without sufficient heat during cold weather. Animals that are sick, injured or otherwise not suited for placement in a new home shall be disposed of by euthanasia with the least possible delay. All other animals shall be disposed of as soon as possible by either returning to owners, placed in a home or euthanized.
4. 
The recipient of any dog from the City pound shall immediately have the dog licensed and vaccinated.
5. 
Subject to the further provisions of this Chapter, the Animal Control Officer may authorize the euthanization of any animal kept in excess of the time periods set forth herein.
6. 
At any time prior to disposal, sale or destruction of any impounded dog, the owner thereof, upon satisfactory proof of ownership, may redeem the dog, upon paying the boarding fee established by the City Council and by paying a fine of five dollars ($5.00). If such dog has not been vaccinated for rabies, the owner, in addition to paying the boarding fee and fine and before being entitled to have said dog, must have the dog vaccinated as provided for in this Chapter. If the dog shall be picked up and impounded a second time, the owner shall be required to pay, in addition to the boarding fee, a fine of ten dollars ($10.00); if the dog shall be picked up a third time, the owner shall be required to pay the boarding fee, and in addition, a fine of twenty-five dollars ($25.00).
7. 
The Animal Control Officer shall also be empowered to sell an unclaimed animal within the purview of this Article to that person making the best offer for same and who, in the judgment of the Animal Control Officer will best and humanely care for said animal, but shall not sell or release it for experimental use.
8. 
It shall be the duty of the Police Department to verify and receipt for the payment of the inoculation fees and the following fees where applicable:
a. 
Impounding fee (picking up dogs and other animals):
(1) 
First time: five dollars ($5.00).
(2) 
Second time: ten dollars ($10.00).
(3) 
Third time: twenty-five dollars ($25.00).
b. 
Boarding fee per day (or fraction): five dollars ($5.00).
9. 
On or before the 10th day of each calendar month, the Police Department shall deposit and account to the office of the Finance Director for all moneys collected under and by virtue of this Article.
10. 
It shall be unlawful for any person to take up any dog registered and collared as required herein, and to remove or cause to be removed the collar from the neck of any such dog, or to entice any such dog into any enclosure for the purpose of taking it up, or for such purpose to decoy or entice any such dog out of the enclosure or house of its owner or possessor, or to seize or molest any dog while held or led by any person, or to bring any dog into the City for the purpose of taking up or impounding the same.