[Ord. No. 519 § 1, 10-9-1997]
A.
Every person owning or in possession of any dog within
the City limits shall procure a license tag for such dog. The charge
for such license shall be the sum of three dollars ($3.00) and a separate
license shall be issued each year. The annual term of such license
shall commence upon the 31st day of December.
B.
All licensed dogs shall wear the tag evidencing purchase
of the license.
C.
No dog license or tag shall be issued until a certificate
from a licensed veterinarian shall be provided. Such certificate shall
certify that such dog has been vaccinated against rabies within one
(1) year prior to the time of the application.
D.
Any dog found not displaying a valid license tag may
be impounded by the City. Any dog so impounded may be claimed by the
lawful owner or person entitled to possession of such dog within one
(1) week after its impoundment upon production of the following:
1.
The payment to the City of fees as set out in
the attachment to this Chapter, "Fees for the Salisbury Dog and Cat
Pound";
2.
Payment of the costs of vaccination against
rabies if such dog has not been vaccinated within one (1) year prior
to impoundment; and
3.
Proof of ownership or the right to possession
of such dog.
E.
In the event that an impounded dog is not claimed
within one (1) week of its impoundment, such dog may be humanely destroyed
or delivered to an animal shelter for adoption.
[Ord. No. 519 § 1, 10-9-1997]
A.
It shall be unlawful for any person owning or in possession
of any dog within the City limits to allow or fail to restrain such
dog from:
B.
Any person found in violation of this Section shall
be fined an amount of not less than fifty dollars ($50.00) and not
to exceed two hundred fifty dollars ($250.00).
[Ord. No. 03-09-01 § 1, 9-11-2003]
As used in this Chapter, the following words
shall have the meaning ascribed to them in this Section, unless the
context otherwise indicates:
Off the premises of the owner and not on a leash controlled
by some person physically able to prevent the dog from escaping or
from going off the premises of the owner. For purposes of this definition,
a dog shall be considered at large even if on a leash not controlled
by some person physically holding it if the leash allows the dog to
enter an alley or street, or come within two (2) feet of a sidewalk,
or otherwise enter an area used by the general public.
Any dog with the following characteristics shall be classified
as "dangerous":
Any dog that has inflicted a severe or fatal
injury on a human being on public or private property. "Severe injury"
means any physical injury, resulting directly from a dog's bite, which
results in broken bones or lacerations requiring stitches or patient
hospitalization. The victim receiving severe injuries, as defined
above, must provide the Chief of Police a signed physician's statement
documenting injury and treatment qualifying such as a severe injury
or sign an authorization for release of such statement.
Any dog that has killed a domestic animal, livestock
or poultry without provocation while off the owner's property.
Any dog owned or harbored primarily or in part
for the purpose of dog fighting or any dog trained for dog fighting.
Any dog that has bitten a human being without
provocation on public or private property other than the property
of the owner.
Any dog which, while on the owner's property,
has bitten, without provocation, a human being other than the owner
or a member of the owner's family who normally resides at the place
where the dog is kept.
Any dog which, when unprovoked, chases or approaches
a person upon the street, sidewalks, or any public grounds, or private
property other than property of the owner in a menacing fashion or
apparent attitudes of attack, regardless of whether or not a person
is injured by said dog.
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.
Exemptions to "dangerous dog" classification:
With the exception of Subsection (1)(a) of this
definition, 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.
With the exception of Subsection (1)(a) of this
definition, a Police Officer may, because of extenuating circumstances,
determine from the investigation of an incident that an animal is
not dangerous. However, the owner, being responsible for said dog,
may be warned of the animal's tendencies and to take appropriate action
to prevent subsequent incidences. This, however, does not exempt the
owner from being cited for other animal control ordinance violations.
Dogs owned by governmental or Law Enforcement
Agencies when being used in the services of those agencies are exempt.
All animals of the canine species.
Shall apply if the dog annoys a resident of the City:
By repeated barking, howling or yelping; or
By repeated fighting; or
By one (1) or more occasions of chasing in a
threatening manner any person; or
By repeated acts of chasing vehicles, bicycles,
or other means of locomotion while the vehicle, bicycle or other means
of locomotion is traveling on a public road, street, or alley; or
By digging or destroying shrubbery, vegetation,
or other property on property other than that of the owner; or
By tearing into solid waste trash bags on property
other than that of the owner; or
By repeated snarling and showing it's teeth
or lunging (even if otherwise restrained) in a threatening manner
at persons who pass by on a public place (such as alleyways or sidewalks)
or private property other than property of the owner, even if the
dog is on the owner's premises; or
A female dog in season running at large.
Shall be construed to mean any person owning, keeping or
harboring a dog without regard to whether another person has a better
ownership claim to the dog and without regard to the time period during
which a dog is kept or harbored. For purposes of enforcement of this
Chapter, the keeper of a dog shall include any adult member of a household
on the premises on which the dog is kept even if actual ownership
is by a minor.
[Ord. No. 03-09-01 § 1, 9-11-2003]
A.
Subject to further restrictions set forth below, it
shall be unlawful for any occupant or occupants of any residential
dwelling unit to keep, maintain, or harbor more than four (4) dogs
on or about the premises which comprises such dwelling unit.
B.
It shall be unlawful for the occupant or occupants
or owner of real property within the City to keep, maintain, or harbor
dogs at another location within the City if the total number of dogs
exceeds four (4) in number when the number of dogs at each premises
at which the dogs are kept are added to provide a sum of the number
of dogs kept, maintained, or harbored, unless the occupant, occupants,
or owner is operating a licensed kennel.
C.
For purposes of this Section, puppies under the age
of eight (8) weeks are not counted to determine the total number of
dogs.
[Ord. No. 03-09-01 § 1, 9-11-2003; Ord. No. 04-04-01, 4-8-2004]
A.
No owner of a dog shall permit, suffer or allow the
dog to run at large. This shall be an offense of absolute liability.
The owner's good faith efforts to keep the dog confined shall not
be a defense to any prosecution for the dog running at large. Any
dog running at large is subject to immediate impoundment by Police
Officers of the City or their delegate.
B.
If a dog is in or on a vehicle parked within the City
limits, the dog shall not be considered to be running at large; however,
the owner subjects himself or herself to all the provisions of this
Chapter, except that if the dog is ordinarily kept outside the City
limits and is within the City limits less than eight (8) continuous
hours no more than once each week, the owner has no requirements to
obtain a City license or tag for the dog.
[Ord. No. 03-09-01 § 1, 9-11-2003]
Keeping a nuisance dog within the City limits
is prohibited. The Mayor or the Chief of Police may at any time notify
the owner of any dog that said dog is considered to be a nuisance.
The notice shall be in writing directed to the owner and shall specify
the behavior of the dog which caused the notice to be given. Proof
of service of notice shall be by attestation of some City Official
that the notice was delivered personally to the owner or some person
over the age of fifteen (15) years then residing in owner's home or
by ordinary United States mail. If a notice is sent by ordinary mail,
it shall be presumed that the notice was timely delivered and received
three (3) days after it was mailed.
[Ord. No. 03-09-01 § 1, 9-11-2003]
A.
The owner shall have a right to a hearing before a
board of three (3) members described below concerning the nuisance
dog notice, provided that a request is made for the hearing in writing
to the City Clerk within ten (10) days of the day on which the notice
was personally served on the owner or within thirteen (13) days of
the day on which the notice was mailed by ordinary mail to the owner.
In the event there is no request for a hearing, or a hearing is held
and the decision of the board becomes final, the declaration of the
dog as a nuisance shall be final.
1.
A Hearing Board, consisting of the Mayor, the
Chief of Police, or their delegates, and an appointed resident of
the City, shall be convened within ten (10) working days after receipt
of a bona fide written request.
2.
Pending the outcome of such a hearing, the dog
must be controlled in such manner so as not to be an annoyance to
any person.
3.
The Hearing Board shall determine whether to
declare the animal to be a "nuisance dog" based upon evidence and
testimony presented at the time of the hearing by the owner, in addition
to witnesses, police or any other person possessing information pertinent
to such determination.
4.
The Hearing Board shall issue written findings
within five (5) days after the hearing. The owner or possessor of
the animal found to be a nuisance shall be required to maintain the
animal as herein further provided in this Section.
[Ord. No. 03-09-01 § 1, 9-11-2003]
Any owner whose dog has been determined to be a nuisance shall ensure that his or her dog does not repeat any of the actions or behavior for which the notice was given. If the owner fails to ensure that none of these reoccur, or if the behavior does reoccur, the dog may be immediately impounded as provided in Section 205.170, and either disposed of or redeemed by another as provided in Section 205.150 and Section 205.160. In addition, the failure to prevent the dog from repeating any of the nuisance activities shall be an offense punishable under the ordinances of the City of Salisbury.
[Ord. No. 03-09-01 § 1, 9-11-2003]
Keeping a dangerous dog within the City limits is prohibited, except as may be permitted by Section 205.110. The Mayor or the Chief of Police may at any time notify the owner of any dog that said dog is considered to be dangerous. The notice shall be in writing directed to the owner and shall specify the behavior of the dog which caused the notice to be given. Proof of service of the notice shall be by attestation of some City Official that the notice was delivered personally to the owner or some person over the age of fifteen (15) years then residing in owner's home or by ordinary United States mail. If a notice is sent by ordinary mail, it shall be presumed that the notice was timely delivered and received three (3) days after it was mailed.
[Ord. No. 03-09-01 § 1, 9-11-2003]
A.
The owner shall have a right to a hearing before a
board of three (3) members described below concerning the dangerous
dog notice, provided that a request is made for the hearing in writing
to the City Clerk within ten (10) days of the day on which the notice
was personally served on the owner or within thirteen (13) days of
the day on which the notice was mailed by ordinary mail to the owner.
In the event there is no request for a hearing, or a hearing is held
and the decision of the board becomes final, the declaration of the
dog as being dangerous shall be final.
1.
A Hearing Board, consisting of the Mayor, the
Chief of Police, or their delegates, and an appointed resident of
the City shall be convened within ten (10) working days after receipt
of a bona fide written request.
2.
Pending the outcome of such a hearing, the dog
must be confined in such a manner so as not to be a threat to any
person. The confinement may be on the owner's premises or with a licensed
veterinarian.
3.
The Hearing Board shall determine whether to
declare the animal to be a "dangerous dog" based upon evidence and
testimony presented at the time of the hearing by the owner, in addition
to witnesses, police or any other person possessing information pertinent
to such determination.
4.
The Hearing Board shall issue written findings
within five (5) days after the hearing. The owner or possessor of
the animal found to be dangerous shall be required to maintain the
animal as herein further provided in this Section.
[Ord. No. 03-09-01 § 1, 9-11-2003; Ord. No. 15-05-02, 5-13-2015]
A.
In addition to requirements already set forth, all
such owners of dangerous dogs shall be obligated to do the following:
1.
Any such dog who bites or scratches a human
being, whose behavior immediately prior to or during an incident resulting
in a human being bitten or scratched is determined to be dangerous,
shall be impounded for a ten-day rabies quarantine at the a veterinarian
clinic within Chariton County, Missouri.
2.
The owner or keeper shall notify the Police
Department immediately if such dog is loose, unconfined or missing,
has attacked another animal, or has attacked a human being.
3.
Any such dog shall wear at all times a bright
orange collar with a large brightly colored metal tag attached to
the collar so the dog can readily be identified as a dangerous dog.
4.
A sign shall be posted that reads “Beware
of Dangerous Dog.”
[Ord. No. 20-09-03, 9-10-2020]
A.
It
shall be unlawful for a person to fail to restrain or control a dangerous
dog as provided in this Section. A person commits the offense of dangerous
dog misconduct if he or she owns or possesses a dog that has been
declared a dangerous dog under this Chapter or has previously bitten
a person or a domestic animal without provocation and that dog subsequently
bites any person without provocation.
B.
In addition to the general penalty contained in Section 100.220 of the Salisbury City Code, if any dog that has previously bitten a person or a domestic animal without provocation bites any person on a subsequent occasion or if a dog that has not previously bitten a person attacks and causes serious injury to or the death of any human, the dog shall be seized immediately by an animal control authority or by a Police Officer. The dog shall be impounded and held for ten (10) business days after the owner or possessor is given written notification and thereafter destroyed.
C.
The
owner or possessor of the dog that has been impounded may file a written
appeal to the Circuit Court to contest the impoundment and destruction
of such dog. The owner or possessor shall provide notice of the filing
of the appeal to the animal control authority or Chief of Police,
whichever seized the dog, and shall provide notice to the City Clerk
of Salisbury, Missouri. If the owner or possessor files such an appeal
and provides proper notice, the dog shall remain impounded and shall
not be destroyed while such appeal is pending and until the court
issues an order for the destruction of the dog. The court shall hold
a disposition hearing within thirty (30) days of the filing of the
appeal to determine whether such dog shall be humanely destroyed.
The court may order the owner or possessor of the dog to pay the costs
associated with the animal's keeping and care during the pending appeal.
D.
Notwithstanding any provision of the City Code and this Section to the contrary, if a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner or possessor is not guilty of any crime specified under this Section or Section 205.020, nor shall such dog be destroyed as provided in Subsection (B) of this Section. For purposes of this Section "criminal activity" shall not include the act of trespass upon private property as long as the trespasser does not otherwise engage in, attempt to engage in, or have intent to engage in other criminal activity nor shall it include any trespass upon private property by a person under the age of twelve (12).
[Ord. No. 03-09-01 § 1, 9-11-2003]
A.
A dog responsible for an unprovoked severe or fatal
attack shall be humanely destroyed. If the dog has inflicted severe
injuries on any person and if it is possible to safely take up and
impound the dog, Police Personnel shall do so for the purpose of first
determining whether the dog is diseased before disposing of the dog.
B.
A dog responsible for a provoked severe or fatal attack
shall be maintained as a dangerous dog.
[Ord. No. 03-09-01 § 1, 9-11-2003]
A.
No person shall own, keep, harbor, maintain or allow
to be upon any premises occupied by him or her or under his or her
charge or control any guard dog (for the purposes of this Chapter
here defined as a dog not owned by a governmental unit, which dog
is used to guard public or private property) without such dog being
confined behind a fence from which it cannot escape, or within any
part of 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, and must not be used or maintained in a manner
which, as determined by the Chief of Police, endangers individuals
on or off the premises guarded.
B.
Any guard dog, including law enforcement dogs, used
in the City by virtue of such use is hereby declared to be subject
to the license and rabies vaccination requirements of this Chapter.
C.
All guard dogs residing in or used as such in the
City of Salisbury must be registered annually with the City Police.
D.
All dogs kept, maintained, or harbored on property
that is not then being occupied as a dwelling for some resident of
the City shall be presumed to be guard dogs unless kept at that location
by a licensed kennel operator.
[Ord. No. 03-09-01 § 1, 9-11-2003]
Dogs specially trained for use by handicapped
persons shall be subject to the same restrictions and regulations
as other dogs within the City, except that such dogs shall be permitted
to go into any public place while assisting the handicapped person
to whom the dog is assigned.
[Ord. No. 03-09-01 § 1, 9-11-2003]
A.
The Chief of Police, his/her officers or assistants,
may kill a dog under the following circumstances:
1.
If the dog, when unprovoked, has inflicted lethal injuries on any person, or if the dog has, when unprovoked, inflicted severe injury on any person as defined in Section 205.030, Subsection (1)(a) of the definition of "dangerous dog."
2.
If a dog is found running at large without a
licensed tag and also exhibiting conduct prohibited by this Chapter
and cannot safely be taken up and impounded, the Chief of Police or
any of his/her assistants may kill the dog.
3.
If the dog has been impounded for one (1) week
after notice of impoundment has been given to the owner, if the owner
is known, and the dog is not redeemed, except that if the dog has
immediately prior to impoundment bitten any person, the impoundment
period shall be no less than ten (10) days from the date of the bite.
[Ord. No. 04-05-01 § 1; 5-13-2004]
[Ord. No. 03-09-01 § 1, 9-11-2003; Ord. No. 06-05-01 § 2, 5-11-2006]
Except for dogs which have, when unprovoked,
inflicted lethal or severe injury on any person and are thereafter
impounded, at any time prior to killing or to the expiration of the
time herein limited, the owner, upon satisfactory proof of ownership,
may redeem his or her dog upon exhibiting proof of ownership to the
keeper of the pound, and paying an impounding fee and boarding fee
as determined by a schedule of impoundment fees, boarding fees, and
other fees as may be approved from time to time by the Board of Aldermen
of the City of Salisbury which shall be paid before the animal will
be released. If the owner fails to redeem his or her dog within one
(1) week after notice of impounding to the owner(s), if known, any
person may, upon payment of the keeper's fees and procuring registration
and license, if the dog be unlicensed, redeem such dog and have the
same reregistered in his or her name. If the dog does not have identification
sufficient to identify it to a particular owner, there shall be no
obligation placed on the City to investigate further to determine
ownership and it may be conclusively presumed the animal has no owner.
[Ord. No. 03-09-01 § 1, 9-11-2003; Ord. No. 06-05-01 § 4, 5-11-2006]
A.
As permitted by this Chapter, Police Officers of the
City or their delegates may humanely impound a dog and the owner shall
be responsible for payment of reasonable cost of capture, transport,
and impoundment of the dog according to a schedule of fees, boarding
fees, and other costs as approved from time to time by the Board of
Aldermen of the City of Salisbury.
1.
If impoundment is necessary as determined by
the person lawfully attempting to capture the dog, it is a violation
of this Chapter to interfere with that person in the performance of
his or her duties.
2.
It shall be unlawful for any person to release
or attempt to release any animal which is impounded in an impoundment
facility.
3.
It shall be unlawful for any person to turn
loose a dog or cause a dog to be turned loose for the purpose of causing
the dog to be impounded.
4.
The Police Officers or their delegates shall
have the right of entry to any property or premises for the purpose
of examining and impounding any dog exposed to or exhibiting clinical
symptoms of rabies.
[Ord. No. 03-09-01 § 1, 9-11-2003]
A.
It shall be unlawful to keep, harbor, own, or in anyway
possess within the corporate limits of the City of Salisbury, Missouri:
1.
Any lion, tiger, leopard, ocelot, jaguar, cheetah,
margay, mountain lion, Canada lynx, bobcat, jaguarundi-hyena, wolf,
bear, non-human primate, coyote, any deadly, dangerous, or poisonous
reptile, or any deadly or dangerous reptile over eight (8) feet long
other than in a properly maintained zoological park, circus, scientific
or educational institution, research laboratory, veterinary hospital,
or animal refuge.
2.
Any animal having poisonous bites.
[Ord. No. 03-09-01 § 1, 9-11-2003]
Any animal which by its size, or behavior, or capability of inflicting severe or lethal injury to a person, or by being diseased presents a risk to the health or safety of any person, or by being an annoyance to other residents, or any combination of the forgoing may be declared a nuisance animal or a dangerous animal in the same manner as provided in Section 205.070 for declaring a dog a nuisance dog or in Section 205.100 for declaring a dog a dangerous dog, and the person keeping, maintaining, or harboring such animal shall be responsible for controlling, confining, or disposing of the animal in such a manner as to no longer be a nuisance or present a health or safety hazard to any person. For purposes of this Section, the word "animal" shall mean any animal other than human beings.
[Ord. No. 03-09-01 § 1, 9-11-2003]
Keeping of an animal in surroundings which emit or causes any offensive, disagreeable or nauseous smell or odor, whether the animal is inside or outside a pen or enclosure, is a nuisance and shall be abated after notice as set forth in Section 215.010 of the City Code, or the keeper of the animal shall be subject to the penalties set forth in Section 215.010.
[Ord. No. 05-12-01, 12-8-2005]
A.
DOMESTIC CAT
Definition. As used in this Section, the following
terms shall have the meanings indicated:
A member of the feline family over four (4) months of age which, for purposes of this Section, excludes exotic or wild cats as more particularly described and prohibited in Section 205.180.
B.
Number Of Cats Allowed.
1.
Subject to further restrictions set forth below,
it shall be unlawful for any occupant or occupants of any property,
including but not limited to residential dwelling units, to keep,
maintain, or harbor more than four (4) cats on or about the premises
which comprises such dwelling unit or other property.
2.
A licensed business which has as its business
and is licensed for the raising and keeping of domestic cats is exempted
from the regulations on the number of cats allowed in a dwelling unit
or on a property, except that such owner is still subject to other
regulations, such as not permitting a nuisance and keeping destructive
cats from running at large.
3.
For purposes of this Section, kittens under
the age of four (4) months are not counted to determine the total
number of cats.
4.
A cat found on a property is presumed to be
kept on that property by the occupant(s) of the property unless identification
on the cat establishes that the cat belongs to another.
C.
Identification Tags Required For Domestic Cats If
On Another's Property. Every person owning, keeping, or harboring
or permitting a cat four (4) months of age or older shall use some
means of identifying the cat if the cat is found to be off of that
person's property. No person shall remove or cause to be removed the
identification from any cat without consent of the owner or keeper
thereof. If a cat found on a property is not claimed by the current
occupant of the property on which the cat is found, and if the cat
has no identification, it may be conclusively presumed the cat has
no owner or keeper and may be impounded and disposed of the same as
if it was a howling cat or destructive cat.
D.
Howling Cats And Destructive Cats Prohibited.
1.
No person shall keep a domestic cat which, by
frequent howling, shall disturb the peace of the neighborhood; such
disturbance shall be considered a nuisance. After notice issued by
the Chief of Police to the owner or keeper of the cat, the owner or
keeper shall immediately abate the nuisance.
2.
No person shall keep a domestic cat which shall
do damage to shrubbery, gardens or other property. If the cat urinates
or defecates on property, it may be presumed that damage has been
done.
3.
Upon signed complaint by any resident of the City or Police Officer, a notice shall be issued to the owner or keeper of the cat which is a howling cat or a destructive cat. Thereafter, the offending cat shall not be permitted to run at large. This restriction shall be in addition to any action against the owner or keeper in Municipal Court for violation of Subsection (D)(1) and (2) above.
4.
Cats which do damage to property as described above shall be subject to the same restrictions prohibiting dogs from running at large as set forth in Section 205.050. When used in this Section, "at large" shall be defined as set forth in Section 205.030 and "owner" shall be defined as set forth in Section 205.030 of the City Code.
E.
Impounding Permitted. Police Officers of the City
or their delegates may humanely impound a cat if off the owner or
keeper's property without identification or is howling or destructive
as defined above, and the owner or keeper shall be responsible for
payment of the reasonable cost of capture, transport, and impoundment
of the cat.
1.
If impoundment is necessary as determined by
the person lawfully attempting to capture the cat, it is a violation
of this Chapter to interfere with that person in the performance of
his or her duties or authority given under this law.
2.
It shall be unlawful for any person to release
or attempt to release any animal which is impounded in an impoundment
facility or trap.
3.
It shall be unlawful for any person to turn
loose a cat or cause a cat to be turned loose for the purpose of causing
the cat to be impounded.
4.
The Police Officers or their delegates shall
have the right of entry to any property or premises for the purpose
of examining and impounding any cat exposed to or exhibiting clinical
symptoms of rabies.
F.
Redemption And Killing Of Unclaimed Cats. The owner
or keeper of an impounded cat with identification may, within five
(5) days after notice of impoundment given by ordinary mail at the
owner or keeper's last known address or by personal service, redeem
the cat by paying the then current charge of impounding and keeping
the cat which shall be based on actual cost. If the owner fails to
redeem his or her cat having identification within five (5) days after
said notice, any person may, upon payment of the City's fees, redeem
the cat and become owner of the cat. All cats with identification
not redeemed after said five-day period may be humanely killed or
disposed of by the City of Salisbury and the identified owner shall
be obligated to pay the capture and impoundment cost.
G.
Apprehension Of Cats Running At Large Or On Another's Property Without Identification. It shall be the responsibility of the affected person to apprehend the offending cats in the following manner. The City shall make available humane box traps to be used by the complainant to apprehend such cats. A reasonable deposit will be required for use of such traps. The City Police will pick up all cats apprehended and handle them in accordance with Subsection (E) of this Section permitting impounding of the animal, except that no impoundment shall need to extend beyond forty-eight (48) hours where the cat has no identification, and the cat may be redeemed in like manner as in Subsection (F) of this Section within the forty-eight (48) hours, or if not redeemed, humanely disposed of in like manner as set forth in Subsection (F) of this Section.
[Ord. No. 05-12-01, 12-8-2005]
All of the regulations pertaining to domestic cats as set forth in Section 205.210 shall in like manner apply to domestic ferrets.
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.
Animal neglect or animal abandonment are ordinance
violations. For a first offense of either violation, a term of imprisonment
not to exceed fifteen (15) days, or a fine not to exceed five hundred
dollars ($500.00), or both such fine and imprisonment may be imposed.
For a second or subsequent violation of either offense, a term of
imprisonment not to exceed ninety (90) days, or a fine not to exceed
five hundred dollars ($500.00), or both such fine and imprisonment
may be imposed. All fines and penalties for a first conviction of
animal neglect or animal 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. This Section
shall not apply to the provisions of Section 578.007 or Sections 272.010
to 272.370, RSMo.
D.
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
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.
[Ord. No. 03-09-01 § 1, 9-11-2003]
No person shall keep or use or in any way be
connected with or interested in the management of, or shall receive
any money for the admission of any person to any place kept or used
for the purpose of fighting or baiting any bull, bear, dog, cock or
other creature, and no person shall encourage, aid or assist or be
present at such fighting or baiting, or shall permit or suffer any
place belonging to him/her or under his/her control to be so kept
or used.
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.
A person commits the offense of knowingly releasing
an animal if he or 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.
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.
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 or 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 feet long,
in any place other than a properly maintained zoological park, circus,
scientific, or educational institution, research laboratory, veterinary
hospital, or animal refuge.
