[R.O. 1997 § 210.010; Ord. No.
2023 § 1, 8-18-1987; Ord. No. 2640 § 1, 12-18-2001]
As used in this Chapter, the following terms are defined below:
Every non-human species of animal, both domestic and wild.
Any animal not under the restraint of a person capable of
controlling the animal and/or off the premises of the owner.
A facility which is used to house or contain animals, which
is owned, operated or maintained by an 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 such animals or a person whose primary purpose
is to act as an animal rescue, to collect and care for unwanted animals
or to offer them for adoption.
Any place or facility where animals are regularly bought,
sold, or traded, except for those facilities otherwise defined in
this Chapter. This definition does not apply to individual sales of
animals by owners.
A commercial variety show featuring animal acts for public
entertainment.
Any pet shop, grooming shop, guard dog auction, riding school
or stable, zoological park, circus, performing animal exhibition,
or boarding or breeding kennel.
Any dog which, according to the records of the appropriate authority,
has inflicted severe injury on a human being without provocation on
public or private property; or
Any dog which, according to the records of the appropriate authority,
has killed a domestic animal without provocation while off the owner's
property; or
Any dog owned or harbored primarily or in part for the purpose
of dogfighting or any dog trained for dogfighting; or
Any dog, not owned by a governmental or law enforcement unit,
used primarily to guard public or private property; or
Any dog with a known propensity, tendency or disposition to
attack unprovoked, to cause injury, or to otherwise threaten the safety
of human beings or domestic animals; or
Any dog which, when unprovoked, chases or approaches a person
upon the streets, sidewalks or any public or private property in a
menacing fashion or apparent attitude of attack.
(Reserved)[1]
A grooming establishment where animals are bathed, clipped,
plucked, or otherwise groomed.
Any dog that will detect and warn its handler that an intruder
is present in/or near an area that is being secured.
Any person designated by the State of Missouri, a municipal
government, or a humane society as a Law Enforcement Officer who is
qualified to perform such duties under the laws of this State.
Any premises wherein any person engages in the business of
boarding, breeding, buying, letting for hire, training for a fee,
or selling dogs or cats.
Any person, partnership, or corporation owning, keeping,
or harboring one (1) or more animals. An animal shall be deemed to
be harbored if it is fed or sheltered for three (3) consecutive days
or more, or if the owner is a minor, the term "owner" shall include
the parent or legal guardian of such minor.
Any spectacle, display, act, or event, other than circuses,
in which performing animals are used.
Any animal kept for pleasure rather than utility; an animal
of a species that has been bred and raised to live in or about the
habitation of humans and is dependent on people for food and shelter.
Any facility where animals are bought, sold, exchanged or
offered for retail sale to the general public.
Any animal or animals that unreasonably annoy humans, endanger
the life or health of other animals or persons, or substantially interfere
with the rights of citizens, other than their owners, to enjoyment
of life or property. The term "public nuisance animal" shall mean
and include, but is not limited to, any animal that:
Is found at large three (3) or more times;
Damages the property of anyone other than its owners;
Molests or intimidates pedestrians or passersby;
Chases vehicles;
Excessively makes disturbing noises, including, but not limited
to continued repeated howling, barking, whining, or other utterances
causing unreasonable annoyance, disturbance, or discomfort to neighbors
or others in close proximity to the premises where the animal is kept
or harbored;
Causes fouling of the air by odor and thereby creates unreasonable
annoyance or discomfort to neighbors or others in close proximity
to the premises where the animal is kept or harbored;
Causes unsanitary conditions in enclosures or surroundings where
the animal is kept or harbored;
Is offensive or dangerous to the public health, safety, or welfare
by virtue of the number and/or types of animals maintained;
Attacks other domestic animals; or
Has been found by the Commission for Animal Control, after notice
to its owner and a hearing, to be a public nuisance animal by virtue
of being a menace to the public health, welfare, or safety.
Any animal secured by a leash or lead under the control of
a responsible person and obedient to that person's commands,
or within the real property limits of its owner pursuant to the appropriate
restrictions.
Any place that has available for hire, boarding, and/or riding
instruction, any horse, pony, donkey, mule, or burro; or any place
that regularly buys, sells, or trains the above animals, including
a racetrack, trotting track, or rodeo.
Any physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis, and treatment of diseases and injuries of
animals.
Any animal that attacks, bites, or injures human beings or
domesticated animals without adequate provocation, or which, because
of temperament, conditioning, or training, has a known propensity
to attack, bite, or injure human beings or domesticated animals.
Any living member of the animal kingdom, including those
born or raised in captivity, except the following: human beings, domestic
dogs (excluding hybrids with wolves, coyotes, or jackals), domestic
cats (excluding hybrids with ocelots or margays), farm animals, rodents,
any hybrid animal that is part wild, and captive-bred species of common
caged birds, and any animal for which the owner has previously obtained
a permit from the State Department of Conservation.
Any facility operated by a person, partnership, corporation,
or government agency, other than a pet shop or kennel, displaying
or exhibiting one (1) or more species of non-domesticated animals.
[1]
Editor's Note: Former Subsection (7), which listed any
pit bull dog as a dangerous dog, was repealed 12-16-2014 by Ord. No.
2954 § 1.
[R.O. 1997 § 210.020; Ord. No.
2023 § 2, 8-18-1987; Ord. No. 2632 § 1, 10-16-2001]
A.
There shall be established an Animal Control Commission consisting
of the Health Committee, the Chairman of the Finance Committee and
the Humane Officer. The Chairman of the Health Committee shall serve
as Chairman of the Animal Control Commission. The Animal Control Commission
shall meet at the call of the Chairman and do the following:
1.
Recommend to the City Council, rules and regulations concerning
the operation of the humane department, standards for the collection,
care, custody and disposal of animals at large and public nuisance
animals, and standards for the maintenance of holding facilities and
guard and sentry dogs.
2.
Review the proposed budget of the humane department and make
the recommendations to the Director of Finance in accordance with
the City Budget procedure.
3.
Prepare and present the Animal Control Commission Budget to
the Chairman of the Finance Committee.
4.
Upon written complaint, conduct a public hearing to determine
if an animal, or holding facility, is a public nuisance animal or
holding facility or dangerous animal.
5.
Upon written request, to hear and decide appeals of licensees
whose licenses have been revoked by the Health Officer, and revoke
any license upon its own motion for violation of this Chapter.
6.
Recommend to the City Council necessary changes in the law regarding
the control of animals.
B.
Upon receipt of an Affidavit of Complaint signed by two (2) or more
residents of Kennett made under oath before an individual authorized
by law to take sworn statements, setting forth the nature and the
date of the act, the owner of the animal, the address of the owner
and the description of the animal doing such act, the Animal Control
Commission shall investigate the complaint to determine if, in fact,
the animal is dangerous.
C.
The Animal Control Commission shall determine whether to declare
the animal to be a dangerous animal based upon evidence and testimony
presented at the time of the hearing by the owner, witnesses to any
incident(s) which may be considered germane to such a determination,
Health Department personnel, Animal Control personnel, Police or any
other person possessing information pertinent to such determination.
The Animal Control Commission shall issue written findings within
five (5) days after the determination hearing.
D.
No dog may be declared dangerous if the threat, injury, or damage
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 dog, or was teasing, tormenting, abusing or assaulting
the dog or has, in the past, been observed or reported to have teased,
tormented, abused or assaulted the dog or was committing or attempting
to commit a crime.
[R.O. 1997 § 210.035; Ord. No.
2774 §§ 1 — 2, 7-6-2006]
No person shall possess, own, keep, harbor, allow to be upon
in or upon his/her premises or otherwise have custody of a dangerous
dog within the City limits of the City of Kennett.
[R.O. 1997 § 210.040; Ord. No.
2023 § 4, 8-18-1987]
A.
No person, partnership or corporation shall operate a commercial
animal establishment or animal shelter without first obtaining a permit
in compliance with this Section.
B.
The licensing authority shall promulgate regulations for the issuance
of permits and shall include requirements for humane care of all animals
and for compliance with the provisions of this Chapter and other applicable
laws. The licensing authority may amend such regulations from time
to time as deemed desirable for public health and welfare and for
the protection of animals.
C.
When a permit applicant has shown that he/she is willing and able
to comply with the regulations promulgated by the licensing authority,
a permit shall be issued upon payment of the applicable fee.
D.
The permit period shall begin with the fiscal year and shall run
for one (1) year. Renewal applications for permits shall be made thirty
(30) days prior to, and up to sixty (60) days after, the start of
the fiscal year. Application for a permit to establish a new commercial
animal establishment under the provisions of this Chapter may be made
at any time.
E.
If there is a change in ownership of a commercial animal establishment,
the new owner may have the current permit transferred to his/her name
upon payment of a transfer fee of ten dollars ($10.00).
F.
No person shall train any dog to be used as a guard or sentry dog
without possessing a valid license. This Section shall not apply to
the City Government or any of its agencies. The application for a
guard or sentry dog training license shall state the name and address
of the owner and trainer, location of the facility, and the maximum
number of dogs to be housed at the training facility.
G.
Annual permits shall be issued upon payment of the applicable fee:
1.
Kennel authorized to house fewer than ten (10) dogs or cats:
fifty dollars ($50.00).
2.
Kennel authorized to house ten (10) or more but fewer than fifty
(50) dogs or cats: one hundred dollars ($100.00).
3.
Kennel authorized to house fifty (50) or more dogs or cats:
one hundred fifty dollars ($150.00).
4.
Pet shop: one hundred dollars ($100.00).
5.
Riding stable: one hundred dollars ($100.00).
6.
Auction: one hundred dollars ($100.00).
7.
Zoological park: two hundred dollars ($200.00).
8.
Circus: two hundred dollars ($200.00).
9.
Grooming shop: fifty dollars ($50.00).
10.
Guard-dog training center: two hundred dollars ($200.00).
H.
Every facility regulated by this Chapter shall be considered a separate
enterprise requiring an individual permit.
I.
Persons operating kennels for the breeding of dogs or cats may elect
to license such animals individually.
J.
No fee may be required of any veterinary hospital, animal shelter,
or government-operated zoological park.
L.
Any person who has a change in the category under which a permit
was issued shall be subject to reclassification and readjustment of
the permit fee.
[R.O. 1997 § 210.050; Ord. No.
2023 § 5, 8-18-1987]
A.
After an application is filed, the licensing authority shall inspect
the facility prior to issuing the permit. The licensing authority
may revoke any permit or license if the person holding the permit
or license refuses or fails to comply with this Chapter, the regulations
promulgated by the licensing authority, or any law governing the protection
and keeping of animals.
B.
Any person whose permit or license is revoked shall, within ten (10)
days thereafter, humanely dispose of all animals owned, kept or harbored.
No part of the permit or license fee shall be refunded.
C.
It shall be a condition of the issuance of any permit or license
that the licensing authority shall be permitted to inspect all animals
and the premises where animals are kept at any time and shall, if
permission for such inspection is refused, revoke the permit or license
of the refusing owner.
D.
If the applicant has withheld or falsified any information on the
application, the licensing authority shall refuse to issue a permit
or license.
E.
No person who has been convicted of cruelty to animals shall be issued
a permit or license to operate a commercial animal establishment.
F.
Any person having been denied a license or permit may not reapply
for a period of thirty (30) days. Each reapplication shall be accompanied
by a fee of ten dollars ($10.00).
[R.O. 1997 § 210.060; Ord. No.
2023 § 6, 8-18-1987; Ord. No. 2774 §§ 1 —
2, 7-6-2006]
[R.O. 1997 § 210.070; Ord. No.
2023 § 7, 8-18-1987]
A.
Unrestrained dogs and nuisance animals shall be taken by the Police,
Animal Control Officer, or Humane Officer and impounded in a humane
department and there confined in a humane manner.
B.
Impounded dogs and cats shall be kept for not fewer than one (1)
week.
C.
If, by a license tag or other means, the owner of an impounded animal
can be identified, the Animal Control Officer shall immediately upon
impoundment, notify the owner by telephone or certified mail.
D.
Any owner reclaiming an impounded cat shall pay a fee of twenty-five
dollars ($25.00) and ten dollars ($10.00) for each day the animal
has been impounded. Subsequent impounds occurring within twelve (12)
months are charged double.
E.
An owner reclaiming an impounded dog shall pay a fee of twenty-five
dollars ($25.00) and ten dollars ($10.00) for each day the animal
has been impounded. Subsequent impounds occurring within twelve (12)
months are charged double.
F.
Any animal not reclaimed by its owner within one (1) week, shall
become the property of the local government authority or humane society
and shall be placed for adoption in a suitable home or humanely euthanized
by sodium pentobarbital, FP-3, or cooled and bottled carbon monoxide
only.
G.
In addition to, or in lieu of, impounding an animal found at large, the Animal Control Officer, Humane Officer, or Police Officer may issue to the known owner of such animal, a notice of ordinance violation. Such notice shall impose upon the owner a penalty of ten dollars ($10.00) that may, at the discretion of the animal owner, be paid to any agency designated by the licensing authority within seventy-two (72) hours in full satisfaction of the assessed penalty. In the event that such penalty is not paid within the time period prescribed, a criminal warrant shall be initiated before the City Court and upon conviction of a violation of this Chapter, the owner shall be punished as provided in Section 205.160 of this Chapter.
H.
The owner of an impounded animal may also be proceeded against for
violation of this Chapter.
I.
The licensing authority shall review automatically all licenses issued
to animal owners against whom three (3) or more ordinance violations
have been assessed in a twelve-month period.
J.
The Shelter Director shall keep complete and accurate records of
the care, feeding, veterinary treatment and disposition of all animals
impounded at the shelter.
K.
Any dog involved in a fatal attack on a human being, or attack that
results in severe injury to a human being, whether provoked or unprovoked,
the animal shall be confiscated and after fourteen (14) days observation
period, the dog shall be humanely euthanized.
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, RSMo., 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.
[R.O. 1997 § 210.100]
A.
Dogfighting.
1.
A person commits the offense of dogfighting if he/she:
B.
Spectating Dogfighting.
1.
A person commits the offense of spectating dogfighting if he/she is knowingly present, as a spectator, at any place, building, or structure where preparations are being made for an exhibition of the fighting of dogs, 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 (A)(1)(b) of this Section, with the intent to be present at such exhibition, fighting, or injuring.
2.
Nothing in this Section shall be construed to prohibit:
a.
The use of dogs in the management of livestock by the owner of such
livestock, his/her employees or agents, or other persons in lawful
custody of such livestock;
b.
The use of dogs in hunting; or
c.
The training of dogs or the use of equipment in the training of dogs
for any purpose not prohibited by law.
[R.O. 1997 § 210.110; Ord. No.
2023 § 9, 8-18-1987]
A.
No person shall own, possess, or have custody, on his/her premises,
of any wild or vicious animal for display, training, or exhibition
purposes, whether gratuitously or for a fee. This Section shall not
be construed to apply to AZA accredited facilities.
B.
No person shall keep or permit to be kept, any wild animal as a pet,
unless having previously obtained a permit from the State Department
of Conservation.
C.
The licensing authority shall have the power to release or order
the release of any infant wild animal under temporary permit that
is deemed capable of survival.
[R.O. 1997 § 210.120; Ord. No.
2023 § 10, 8-18-1987]
A.
No person may sponsor, promote, train a wild animal to participate
in, contribute to the involvement of a wild animal in, or attend as
a spectator any activity or event in which any wild animal is wrestled,
fought, mentally or physically harassed, or displayed in such a way
that the animal is abused or stressed mentally or physically or is
induced or encouraged to perform through the use of chemical, mechanical,
electrical, or manual devices in a manner that will cause or is likely
to cause physical injury or suffering. This prohibition applies to
events and activities taking place in either public or private facilities
or property, and applies regardless of the purpose of the event or
activities and irrespective of whether or not a fee is charged to
spectators.
B.
All equipment used on a performing animal shall fit properly and
be in good working condition.
[R.O. 1997 § 220.020]
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.
[R.O. 1997 § 210.140; Ord. No.
2023 § 12, 8-18-1987]
The civil and criminal provisions of this Chapter shall be enforced
by those persons or agencies designated by municipal authority. It
shall be a violation of this Chapter to interfere with a Humane Officer
in the performance of his/her duties.
[R.O. 1997 § 210.150; Ord. No.
2023 § 13, 8-18-1987; Ord. No. 2441 § 2, 8-1-1995]
[R.O. 1997 § 210.160; Ord. No.
203 § 2, 8-18-1942; Ord. No. 1472 § 1, 1-4-1972; Ord. No. 2018 § 1, 7-7-1987]
A.
It shall be unlawful for any person, firm, association, corporation,
his, her, its or their agents or employees within the corporate limits
of the City of Kennett, Missouri, to own, keep or use any stockyard,
pen, place or premises in or upon which any number of hogs, swine,
horses, mules, ponies, cattle, and or goats shall be kept or maintained.
B.
Every person, firm, association, corporation or his, her, its or their agents or employees, who shall use or maintain any stockyard, pen, stable, shed or other structure, or any lot or other premises contrary to the provisions of this Section shall be deemed guilty of an ordinance violation and shall be punished as set forth in Chapter 100, Article III of this Code.
C.
Provided, however, this Section shall not affect any person, firm
or corporation who owns and maintains a hog pen, horses, mules, ponies,
cattle and/or goat enclosure on a lot with a minimum area of one (1)
acre per animal so confined; provided, further, that any such person
confining such animals in such enclosure must own both the land under
enclosure and the animals so enclosed.
[R.O. 1997 § 210.170; CC 1929 Ch. 28 Art. 7 § 987]
Whoever shall keep, harbor or maintain, upon any premises owned or occupied by him/her, any chickens, ducks, geese, turkeys or other domestic fowls, and permit the same to run at large upon the land, lot, garden or enclosure of another, to the damage or annoyance of such other person, shall be deemed guilty of an ordinance violation and shall be punished as set forth in Chapter 100, Article III of this Code.
