[R.O. 2007 § 205.010]
The following words, when used in this Chapter, shall have the
meanings set out herein:
All animals of the canine or feline species, both male and
female.
Any person having a right of property in a dog or cat, or
who keeps or harbors a dog or cat, or who has it in his/her care,
or acts as its custodian, or who knowingly permits a dog or cat to
remain on or about any premises owned or occupied by him/her.
Allowing a dog or cat 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.
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.
A person upon the premises of the owner or keeper of the
dog in question without license or privilege to be upon said premises.
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.
Any of the following dogs:
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.
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.
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.
Any dog that has killed another dog, cat or other domestic animal
without provocation.
[R.O. 2007 § 205.020; Ord. No.
91-2 § 73.060, 3-14-1991; Ord. No. 558, 10-25-2022]
A.
The
owner or keeper of any dog or cat in the City of Pineville 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
on or before June 1 of each year; and the City Clerk shall register
such certificate, and upon registration, the City Clerk shall issue
a tag evidencing the registration and certificate of vaccination,
and the owner or keeper 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 or keeper of any dog or
cat to permit such animal to remain in the City of Pineville unless
wearing the tag above provided for herein.
B.
License/registration
with the City will cost five dollars ($5.00) per animal if the animal
is spayed or neutered, or twenty-five dollars ($25.00) per unaltered
animal.
[R.O. 2007 § 205.030; Ord. No.
91-2 § 73.040, 3-14-1991; Ord. No. 91-2B § 73.040, 6-13-1991; Ord. No. 07-31 § 1, 12-11-2007]
[R.O. 2007 § 205.040; Ord. No.
91-2 § 73.050, 3-14-1991]
Licenses issued under this Chapter shall expire on the 31st
day of May next following their issuance.
[R.O. 2007 § 205.050; Ord. No.
91-2 § 73.070, 3-14-1991]
A.
Upon the payment of the license fee herein imposed, the City Clerk
shall execute a receipt in duplicate. He/she shall deliver the original
receipt to the person who pays the fee, retaining the duplicate. He/she
shall also procure a sufficient number of suitable metallic tags,
the shape of which shall be different for each license year; and he/she
shall deliver one (1) appropriate tag to the owner when the fee is
paid.
B.
The City Clerk may, for this purpose of issuing dog or cat license,
authorize licensed veterinarians to act as Deputy Clerks. All such
Deputy Clerk-veterinarians shall account monthly to the City Clerk
for all license fees received by them.
[R.O. 2007 § 205.060; Ord. No.
91-2 § 73.130, 3-14-1991]
In case any dog or cat tag is lost, a duplicate may be issued
by the City Clerk upon presentation of a receipt showing the payment
of the license fee for the current year. A charge may be made for
each such duplicate tag necessary to cover the cost thereof.
[R.O. 2007 § 205.070; Ord. No.
91-2 § 73.190, 3-14-1991]
It is unlawful to counterfeit or attempt to counterfeit the tags provided for in Section 205.050 of this Code, or to take from any dog or cat a tag legally placed upon it by its owner with the intent to place it upon another dog or cat, or to place such tag upon another dog or cat.
[R.O. 2007 § 205.085(A); Ord. No.
89-6, 12-14-1989]
From and after December 14, 1989, it shall be unlawful to operate
a kennel within the City of Pineville, Missouri, for the production
and/or sale of any animals.
[R.O. 2007 § 205.090; Ord. No.
91-2 § 73.025, 3-14-1991]
No residential structure or lot shall house or contain more
than six (6) licensed pets within the City. It is expressly provided
that the owner shall have sixty (60) days from their birth to wean
and remove any puppies or kittens from the premises.
[R.O. 2007 § 205.100; Ord. No.
91-2 § 73.150, 3-14-1991]
The Board of Aldermen may, by resolution, designate the City
pound for the purpose of this Chapter.
[R.O. 2007 § 205.110]
It shall be unlawful for the owner or keeper of any dog or cat to permit the same to run at large within the City of Pineville at any time. Any dog or cat found without the tag provided in Section 205.020, and any dog or cat found running at large, shall be impounded.
[Ord. No. 558, 10-25-2022]
A.
ABANDONED
CAT COLONY
FERAL CATS
STRAY CAT
Defined
Terms.
To drop off or leave a cat on the street, road or highway,
or in a public place, or on the private property of another, or fail
to provide an animal adequate sustenance for a period of forty-eight
(48) hours.
Any local population of three (3) or more stray, abandoned
or feral cats living in a specific location and using a common food
source such as food from trash cans or from humans.
Abandoned animals without City licenses or tags.
Any cat freely wandering or roaming without a prenumbered
identification tag or license issued by this or any other local jurisdiction.
B.
Cat
Colonies.
1.
As defined above, these colonies are a health hazard, threaten public
safety, detract from the City's aesthetic and reduce the quality of
living. They congregate around trash receptacles, created unwanted
noise, trespass on private and public lands, are responsible for the
deaths of native songbirds and other animals, exist in unsanitary
conditions and spread diseases.
2.
It is strongly recommended that City residents do not feed these
cats.
3.
Once a City resident begins to feed the animals, the Animal Control
Officer will deem the animal as being owned by this person and the
person can be fined for having more than six (6) animals.
C.
Procedures
To Deal With Feral Cats. The Mayor and the Pineville Board of Aldermen
direct the City of Pineville's Animal Control Officer to implement
the following procedures:
1.
The Animal Control Officer will handle cats as a result of a complaint
from a City resident.
2.
When a complaint is received, the City will place a swing door trap
at the location that the resident suggests. This trap does not harm
the animal. The animal will be transported in a well-ventilated trap.
3.
The City will then determine whether the cat is feral. The National
Animal Control Association defines a feral cat as one that has been
born in the wild or one that has been abandoned by the original owner
for an extended period of time [forty-eight (48) hours]. The officer
will also use the following questions to determine the cat's status:
4.
If the cat is determined to be feral the City will then contract
with "I'm Your Huckleberry Rescue" to transport the cat(s) to a facility
to be spayed or neutered. The cat will then have an ear clipped to
be then designated as a feral cat and brought back to the same area
in which it was picked up from.
[Ord. No. 558, 10-25-2022]
Any member of the Police Department or any person authorized
by the Police Department is authorized to kill any dangerous animal
of any kind when it is necessary for the protection of any person.
[R.O. 2007 § 205.120]
A.
It shall be unlawful to own, keep or harbor a vicious dog in the
City of Pineville 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, all vicious dogs 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.
[R.O. 2007 § 205.130]
It shall be the duty of the Marshal, the City Police, and any other person of the City of Pineville, especially designated by the Board of Aldermen and the Mayor for such purpose, to take up any dog or cat without the tag provided in Section 205.020, any dog or cat running at large, or any vicious dog in violation of Section 205.120 above and to impound the same. In effecting the capture of any dog or cat, the officers aforesaid are authorized and directed to use traps, nets, tranquilizer guns or any other humane method.
[R.O. 2007 § 205.140]
Every officer impounding a dog or cat under this Chapter 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 or cat, 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 or cat before disposition of such dog or cat.
[R.O. 2007 § 205.150]
The owner or keeper of any dog or cat impounded under this Chapter
shall pay to the Marshal, 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 or cat and keeping it impounded.
[R.O. 2007 § 205.160]
It shall be the duty of any officer impounding any dog or cat under this Chapter to keep the same impounded for a period of seven (7) days, unless such dog or cat shall be reclaimed by his/her owner or keeper under Section 205.150 of this Chapter. If, after the expiration of seven (7) days from the date of such impoundment, such dog or cat shall not have been reclaimed, the same shall be disposed of or destroyed in a humane manner.
[R.O. 2007 § 205.230; Ord. No.
91-2 § 73.170, 3-14-1991; Ord. No. 97-5 § 73.170, 6-12-1997]
No person shall keep or harbor a dog which habitually barks
or cries. No dog or cat owner shall permit his/her dog or cat to damage
any lawn, garden or other property of another.
[R.O. 2007 § 205.240; Ord. No.
91-2 § 73.180, 3-14-1991]
It is unlawful for any unauthorized person to break open the
pound or to attempt to do so, or to take or let out any dogs or cats
therefrom, or to take or attempt to take from any officer any dog
or cat taken up by him/her in compliance with this Chapter or in any
manner to interfere with or hinder such officer in the discharge of
his/her duties under this Chapter.
[R.O. 2007 § 205.250; Ord. No.
91-2 § 73.230, 3-14-1991]
No person, whether he/she lives or resides within or without
the corporate limits of the City of Pineville, shall transport any
animal from without to within the corporate limits of the City, or
aid any person who shall so transport any animal, for the purpose
of releasing said animal or allowing the animal to run at large within
the City.
[R.O. 2007 § 205.260; Ord. No.
16-15 §§ 1 — 9, 8-23-2016]
A.
Persons may keep or harbor, whether owned or not, within the City
of Pineville, chickens and/or pigeons (excluding all poultry that
crows). All poultry must be in a pen or coop at all times.
B.
Every coop or pen shall be kept clean, rodent- and vermin-free so
that no offensive, disagreeable or noxious smell shall arise from
normal waste, animal injury or death [shall remove said carcass within
eight (8) hours of discovery] so that it will not cause annoyance
or illness to neighbors. Every coop shall be watertight and flight-tight.
A covered waste receptacle for manure of such dimensions to contain
all accumulations thereof, which receptacle shall be emptied often
and in such a manner as to prevent it becoming a nuisance.
C.
It shall be unlawful for any owner, keeper or harborer to maintain
or possess bees within the corporate City limits without first applying
for and obtaining a special animal permit from the City Clerk or Deputy
City Clerk. There is no cost for the permit, and it will run from
January 1 through December 31.
D.
No person shall keep or harbor, whether owned or not, within the
City of Pineville livestock on less than one (1) acre of ground.
E.
Persons who keep or harbor, whether owned or not, livestock within
the City of Pineville on more than one (1) acre of ground, and/or
have chickens and/or pigeons, shall provide adequate and sufficient
fencing, adequate quantities of wholesome nutritious food, proper
air, shelter space and protection from the elements, proper veterinary
care to prevent suffering and humane care and treatment.
F.
Persons who keep or harbor, whether owned or not, livestock, chickens
and/or pigeons within the City of Pineville shall exercise proper
care and control of the livestock, chicken and/or pigeons to prevent
them from becoming a public nuisance.
G.
No person shall keep or harbor, whether owned or not, within the
City of Pineville livestock in unsanitary conditions. Enclosures or
surroundings where animals are kept shall be kept rodent- and vermin-free
so that no offensive, disagreeable or noxious smell shall arise from
normal waste, animal injury or death that would cause annoyance or
illness to neighbors or others living in close proximity to the premises
where the livestock is kept or harbored. In the event livestock expires
on the property the carcass shall be removed within eight (8) hours
of discovery.
H.
No person shall beat, cruelly ill-treat, torment, overload, overwork,
or otherwise abuse an animal, or cause or permit cockfights, bullfights,
dogfights or other combat between animals or between animals and humans.
I.
Any person, firm or corporation violating any provisions of this
Section shall, upon conviction thereof, be punished by a fine of not
more than two hundred twenty-five dollars ($225.00) for the first
municipal ordinance violation, two hundred seventy-five dollars ($275.00)
for the second municipal ordinance violation, three hundred seventy-five
dollars ($375.00) for the third municipal ordinance violation, and
four hundred fifty dollars ($450.00) for the fourth and any subsequent
municipal ordinance violation.
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.
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/she keeps 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,
in any place other than a properly maintained zoological park, circus,
scientific, or educational institution, research laboratory, veterinary
hospital, or animal refuge.
