The following words, when used in this Article, shall have the meanings set out herein:
DOGS
All animals of the canine species, both male and female.
OWNER or KEEPER
Any person having a right of property in a dog, or who keeps or harbors a dog, or who has it in his/her care, or acts as its custodian, or who knowingly permits a dog to remain on or about any premises owned or occupied by him/her.
RUNNING AT LARGE
Allowing a dog 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.
SERIOUS PHYSICAL INJURY
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.
TRESPASSER
A person upon the premises of the owner or keeper of the dog in question without license or privilege to be upon said premises.
UNRESTRAINED DOG
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.
VICIOUS DOG
Any of the following dogs:
1. 
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.
2. 
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.
3. 
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.
4. 
Any dog that has killed another dog, cat or other domestic animal without provocation.
[Ord. No. 2583, 3-8-2022]
A. 
The owner of or the person possessing any dog in the City of Waverly is hereby required to have such animals vaccinated against rabies by a licensed veterinarian and to procure a certificate of such vaccination from the veterinarian and to present such certificate to the City Clerk in one (1) of the following manners:
1. 
On or before July 1 of each year for a one-year registration period.
2. 
OR, on or before July 1 every three (3) years for a three-year registration period if such vaccination certificate specifically states its validity for a three-year period.
B. 
The City Clerk shall register such certificate, which registration shall remain in force until June 30 the following year or three-year period if elected; and upon registration, the City Clerk shall issue a tag evidencing the registration and certificate of vaccination, and the owner of or the person possessing the dog shall securely attach the tag so issued to a collar to be worn continuously by the animal for which the tag was issued. It shall be unlawful for the owner of or the person possessing any dog to permit such animal to remain in the City of Waverly unless wearing the tag above provided for herein.
C. 
Payment to the City of Waverly for a dog license shall be ten dollars ($10.00) per license for a one-year period; or twenty-five dollars ($25.00) per license for a three-year period.
It shall be unlawful for the owner or keeper of any dog to permit the same to run at large within the City of Waverly at any time. Any dog found without the tag provided in Section 205.020, and any dog 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 Waverly 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 Waverly, especially designated by the Board of Aldermen and the Mayor for such purpose, to take up any dog without the tag provided in Section 205.020, any dog 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, the officers aforesaid are authorized and directed to use traps, nets, tranquilizer guns or any other humane method.
Every officer impounding a dog under this Article 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, 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 before disposition of such dog.
The owner or keeper of any dog impounded under this Article 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 and keeping it impounded.
It shall be the duty of any officer impounding any dog under this Article to keep the same impounded for a period of seven (7) days, unless such dog shall be reclaimed by his/her owner or keeper under Section 205.070 of this Article. If, after the expiration of seven (7) days from the date of such impoundment, such dog shall not have been reclaimed, the same shall be put up for adoption or disposed of or destroyed in a humane manner.
A. 
A person commits the offense of animal neglect if he/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/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.
[Ord. No. 2409, 10-2-2012]
As used in this Article, the following terms shall have the meanings indicated:
KENNEL
Any place or tract of land, whether indoors or outdoors, whether enclosed or not, used for the purpose of selling, breeding, boarding, or training of dogs, or keeping of four (4) or more dogs over the age of six (6) months.
[Ord. No. 2409, 10-2-2012]
A. 
Dogs. It shall be unlawful for any person or household to keep and/or harbor more than four (4) adult dogs over the age of six (6) months in a residential neighborhood. More than four (4) dogs will constitute a commercial kennel and shall be prohibited within the City limits of Waverly, Lafayette County, Missouri.
B. 
It is unlawful for any person to keep, harbor or own, at one (1) location within the City limits of Waverly, Lafayette County, Missouri, more than a total of four (4) dogs over the age of six (6) months unless said person has first been properly licensed by the State of Missouri and the City of Waverly, Lafayette County, Missouri, to operate a kennel. No kennel shall be located closer than one hundred (100) feet to the boundary of the nearest adjacent residential lot.
C. 
It shall be unlawful for any person, firm or corporation to interfere with, resist, hinder or obstruct an Animal Control Officer, the Chief of Police or any other duly authorized person to the discharge of any duty imposed upon them by this Article.
[Ord. No. 2409, 10-2-2012]
A. 
Any person violating any provision of this Article shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than twenty-five dollars ($25.00) and no more than one thousand dollars ($1,000.00). If any violation be continuing, each day's violation shall be deemed a separate violation.
B. 
In addition to any other penalty imposed by this Article, the court may order a person found guilty of any portion of this Article, to pay all reasonable costs and expenses associated with care and maintenance of a neglected or abandoned animal, disposal of any dead or diseased animal within the guilty person's custody and/or ownership, fees of impoundment for any neglected, unrestrained or abandoned animal or dog.