[CC 1985 § 6-1; Ord. No. 7040 § 2(1), 5-5-1997]
A.
The purpose of this Article is to promote harmonious relationships
in the interaction between man and animal by:
1.
Protecting animals from improper use, abuse, neglect,
exploitation, inhumane treatment and health hazards;
2.
Delineating the animal owner's or harborer's
responsibility for the acts and behavior of his animal at all times;
3.
Providing security to residents from annoyance,
intimidation, injury and health hazards by animals;
4.
Encouraging responsible pet ownership; and
5.
Providing standards for any and all persons and
agencies, public or private, engaged in confinement, buying, selling,
harboring or dealing in animals in any manner whatsoever.
[CC 1985 § 6-2; Ord. No. 7040 § 2(2), 5-5-1997; Ord. No. 7142 § 1, 10-5-1998; Ord. No. 7884 § 1, 6-15-2009]
As used in this Chapter, the following terms shall have the
meanings indicated:
Any mammal domestic or wild, other than man, which may be
affected by rabies.
That person appointed by the Chief of Police.
Is created when an animal:
Runs uncontrolled (except cats);
Molests or disturbs persons or vehicles by chasing,
barking or biting;
Attacks other animals;
Damages property other than that of the owner
or harborer;
Barks, whines, howls, honks, brays, cries or makes
other noises excessively;
Creates noxious or offensive odors;
Defecates upon any public place or upon premises
not owned or controlled by the owner or harborer unless promptly removed
by the animal owner or harborer; or
Creates an insect breeding and/or attraction site
due to an accumulation of excreta.
A licensed facility, public or private, used to impound,
confine and house animals seized, lost, abandoned or given over by
owners.
A cover or protection from the elements containing adequate
bedding such as straw, hay, or wood shavings, which cover or protection
is small enough to allow the dog or cat to retain its body heat but
is large enough to allow protection from the sun and allow the animal
to stand, turnaround and lie down.
To be seized with the teeth or jaws so that a person or animal
has been nipped, gripped, wounded, pierced or scratched by the biting
animal.
A licensed facility other than an animal hospital, the City
pound or an animal shelter where animals, normally dogs and cats,
not owned by the proprietor, are temporarily sheltered, fed, watered,
and exercised in return for a fee.
Any person who harbors four (4) or more animals, or who breeds
animals for profit or who produces more than one (1) litter of animals,
normally dogs or cats, in any one calendar year.
Any member of the animal species Felis catus.
The City of Marshall, Missouri, a municipal corporation of
the third class.
The same is on a leash not more than eight (8) feet in length; is restrained on or within a vehicle being driven or parked; or is within the property limits of its owner or harborer or upon the premises of another person with the consent of that person, except as set forth in Section 205.390 regarding vicious dogs.
Any member of the animal species Canis familiaris.
Includes dogs, cats, domesticated sheep, horses, cattle,
goats, swine, fowl, ducks, geese, turkeys, confined domestic hares
and rabbits, pheasants and other birds and animals raised and/or maintained
in confinement.
The act of inducing a humane death by a technique which produces
rapid loss of consciousness, followed by cardiac arrest and ultimate
loss of brain function.
A person who exhibits animals, for compensation or improvement
of the breed.
A person who performs the service of trimming, bathing or
pedicure of animals, normally dogs and cats.
Any person who provides food and shelter to any domesticated
animal on other than a periodic or temporary basis.
All felines (other than the domestic house cat), nonhuman
primates, bears, wolves, coyotes, foxes and venomous reptiles, any
animal having a poisonous bite, constrictor reptiles, and any crossbreed
of such animals which have similar characteristics of the animals
specified herein. In order to properly administer the provisions of
this Section, the Animal Control Commission may add to or remove from
the classification of non-domestic animals any bird, mammal, reptile,
aquatic and amphibious forms, or other members of the animal kingdom.
Additions to the list may be made only if the Animal Control Commission
determines, after public hearing, that such species because of habit,
mode of life or natural instinct is incapable of being domesticated,
requires the exercise of art, force, or skill to keep them safely
in subjection, and would create a reasonable likelihood of hazard
to the public. Each determination by the Animal Control Commission
as to additions or deletion shall become effective when filed with
the City Clerk.
Any person having the right of property in any animal; who
keeps an animal; who has an animal in his care or custody; or who
knowingly permits an animal to remain on or about any premises occupied
by him.
Any individual, firm, corporation, partnership, association,
trust, estate or other legal entity.
An establishment operated by a person which acquires animals,
birds, reptiles and fish bred by others whether an owner or agent
or on consignment and sells, offers to sell, exchanges or offers for
adoption with or without charge such animals, birds, reptiles and
fish as domestic pets to the general public at wholesale or retail.
That facility as designated by the City used to temporarily
shelter, confine and house animals that have been seized.
To attach an animal to a stationary object or pulley run
by means of a chain, rope, tether, cable or similar restraint, but
does not include the use of a leash to walk a dog.
A person qualified by training and experience in training
animals for work, hunting, pleasure, obedience or exhibition.
The administration of vaccine by a licensed veterinarian
at such intervals as required by state statutes and the State Department
of Agriculture.
Any dog over 25 pounds in weight that attacks
a person where the person may lawfully be at any time without other
provocation; or any dog whose attack or bite breaks a bone, requires
sutures or causes other serious injury; or any dog declared to be
vicious by the Animal Control Officer.
No dog may be declared vicious if the Animal Control
Officer determines that:
The attack was sustained by a person who, at the
time, was committing a willful trespass or other tort upon the premises
occupied by the owner or keeper of the animal, or was teasing, tormenting,
abusing, or assaulting the animal, or has, in the past, been observed
or is reported to have teased, tormented, abused or assaulted the
animal or was committing or attempting to commit a crime; and
The actions of the injured person caused the attack.
Any member of the animal species Canis familiaris trained
for and actively engaged in rescue, law enforcement or war work, or
as a guide of the blind or deaf.
[CC 1985 § 6-3; Ord. No. 7040 § 2(3), 5-5-1997]
A.
There is hereby created the position of Animal Control
Officer within the organization of the Police Department. The Animal
Control Officer or his agent, or any officer of the law:
1.
May enter upon private premises to apprehend a
stray, a vicious animal, a wild creature, a non-domestic animal, or
an animal suspected of being infected with rabies;
2.
May enter upon private premises to investigate
complaints of irresponsibility or inhumane animal care; and
3.
May seize, impound and dispose of any vicious
animal of any kind when necessary for the protection of any person
or animal.
[CC 1985 § 6-4; Ord. No. 7040 § 2(4), 5-5-1995]
A facility for proper impoundment of animals on a temporary
basis shall be provided by the City.
[CC 1985 § 6-4.1; Ord. No. 7040 § 2(4.1), 5-5-1997]
The Animal Control Officer shall maintain a registry of all
animals served by the shelter, including date of receipt and discharge,
reason for use, description of the animal, itemization of impoundment
expenses incurred and disposition.
[CC 1985 § 6-5; Ord. No. 7040 § 2(5), 5-5-1997]
It shall be unlawful for any person under the age of 17 to own
or harbor a domestic animal.
[CC 1985 § 6-5.1[2]; Ord. No. 7142 § 2, 10-5-1998]
It shall be unlawful for any person to butcher or kill for the
purpose of butchering outside and within one hundred (100) feet of
a residence any domestic animal except confined domestic hares and
rabbits, fowl, ducks, geese, turkeys, pheasants and other birds.
[CC 1985 § 6-6; Ord. No. 7040 § 2(6), 5-5-1997]
A.
There is hereby established a Commission to be known as the "Animal Control Commission." The Commission shall be concerned with application of this Chapter to satisfy the goals set forth in Section 205.010, may make recommendations on enforcement or amendments of regulations, and may hear and make determinations on nuisance complaints as hereinafter set forth. It shall be the Commission's function and duty to:
1.
Study the problems of human and animal interactions
and possible solutions;
2.
Keep the Council advised of study results and
offer recommendation for the improvement of human and animal relationships
and amendments to this Chapter;
3.
Revoke any permit issued to a breeder; and
4.
Hear, consider and make determinations on nuisance
and vicious animal charges brought pursuant to this Chapter.
[CC 1985 § 6-6.1; Ord. No. 7040 § 2(6.1), 5-5-1997]
The Commission shall be comprised of one (1) licensed veterinarian
and two (2) members of the City Council. The Council members shall
be appointed by the Mayor, subject to the approval of the Council.
[CC 1985 § 6-6.2; Ord. No. 7040 § 2(6.2), 5-5-1997]
The veterinarian member shall be selected from the licensed
veterinarians who are residents of or practicing within the City and
who volunteer to serve on the Commission. Veterinarians volunteering
for service on the Commission shall be placed on a list in alphabetical
order, and shall serve on a rotating basis such that the first name
so listed serves for a period of twelve (12) months, or three (3)
contested hearings, whichever first occurs. Said member shall then
be replaced by the next in order, who shall serve for a similar term.
In the event of a conflict of interest, the next veterinarian on the
list shall serve in the conflicted case.
[CC 1985 § 6-7; Ord. No. 7040 § 2(7), 5-5-1997]
All cases of rabies occurring within the City shall be reported
to the Police Department. If in the opinion of the Saline County Health
Inspector, pursuant to City contract, danger of rabies epidemic exists,
legal notice shall be used to inform all owners and harborers of animals
to confine or securely muzzle their animals for such period of time
as shall be designated in the published notice.
[CC 1985 § 6-8; Ord. No. 7040 § 2(8), 5-5-1997]
It shall be unlawful for the owner or harborer of any animal
to refuse or fail to promptly surrender any animal suspected of being
affected by rabies. Any animal suspected of being affected by rabies
shall be seized by the Animal Control Officer and handled according
to the most recently published compendium on rabies.
[CC 1985 § 6-9; Ord. No. 7040 § 2(9), 5-5-1997]
It shall be unlawful for the owner of any domestic animal to
knowingly cause or allow the same to run at large or be exposed in
any public place anywhere in the City, or to ship or remove such animal
from the owner's premises when same is afflicted with a contagious
or infectious disease except under the supervision of the Animal Control
Officer. This provision shall not prevent taking a diseased animal
to a licensed veterinarian. It shall be the duty of the Animal Control
Officer to order the disposition of such diseased animals and treatment
of the affected premises to prevent the communication and spread of
contagion or infection except in cases where the State Veterinarian
is empowered to act and does act.
B.
All fines and penalties for a first finding of guilt under
this Section may be waived by the court if the person found guilty
of animal neglect shows that adequate, permanent remedies for the
neglect have been made. Reasonable costs incurred for the care and
maintenance of neglected animals may not be waived. This Section shall
not apply to the provisions of Section 578.007, RSMo., or Chapter
272, RSMo.
C.
In
addition to any other penalty imposed by Section 578.009, RSMo., the
court may order a person found guilty of animal neglect to pay all
reasonable costs and expenses necessary for:
1.
The care and maintenance of neglected animals
within the person's custody or ownership;
2.
The disposal of any dead or diseased animals within
the person's custody or ownership;
3.
The reduction of resulting organic debris affecting
the immediate area of the neglect; and
4.
The avoidance or minimization of any public health
risks created by the neglect of the animals.
A.
A person is guilty of animal trespass if a person having
ownership or custody of an animal knowingly fails to provide adequate
control for a period equal to or exceeding twelve (12) hours.
B.
For a first conviction of animal trespass, each offense
shall be punishable by a fine not to exceed two hundred dollars ($200.00).
The second and all subsequent convictions shall be punishable by imprisonment
or a fine not to exceed five hundred dollars ($500.00), or both such
fine and imprisonment. All fines for a first conviction of animal
trespass may be waived by the court, provided that the person found
guilty of animal trespass shows that adequate, permanent remedies
for trespass have been made. Reasonable costs incurred for the care
and maintenance of trespassing animals may not be waived. This Section
shall not apply to the provisions of Section 578.007 or Sections 272.010
to 272.370, RSMo.
A.
A person commits the offense of animal abuse if he or she:
1.
Intentionally or purposely kills an animal in any manner
not allowed by or expressly exempted from the provisions of Sections
578.005 to 578.023 and 273.030, RSMo.;
2.
Purposely or intentionally causes injury or suffering
to an animal; or
3.
Having ownership or custody of an animal knowingly
fails to provide adequate care which results in substantial harm to
the animal.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[CC 1985 § 6-11; Ord. No. 7040 § 2(11), 5-5-1997]
It shall be unlawful for the owner or harborer of any dog, cat or other domestic animal to cause or permit such animal to perform, create or engage in any nuisance as defined by Section 205.020. Any animal found acting in any manner forbidden by this Chapter, in the determination of the Animal Control Officer, shall hereby be declared a nuisance and its owner or harborer shall be subject to citation.
[CC 1985 § 6-12; Ord. No. 7040 § 2(12), 5-5-1997]
No person shall appear with an animal upon the public ways,
within public places or upon the property of another, absent that
person's consent, without some means for the removal of excrement;
nor shall any person fail to remove any excrement deposited by such
animal. This Section shall not apply to a blind person while walking
his or her guide dog.
[CC 1985 § 6-13; Ord. No. 7040 § 2(13), 5-5-1997]
A.
It shall be unlawful for any person to keep, permit or
have custody of any of the following anywhere in the City:
[CC 1985 § 6-14; Ord. No. 7040 § 2(14), 5-5-1997]
Exhibitions or parades involving animals may be conducted only
upon the issuance of a permit therefor by the Chief of Police. Performing
exhibits, circuses and parades must be investigated in advance as
to purpose, intent, animal care procedures and assurances for human
health and safety.
[CC 1985 § 6-15; Ord. No. 7040 § 2(15), 5-5-1997]
All female animals in heat shall be confined in a building or
secure enclosure or upon leash in such manner that the animal cannot
come into contact with a male animal except for planned breeding.
[CC 1985 § 6-16; Ord. No. 7040 § 2(16), 5-5-1997]
It shall be unlawful for the owner or harborer of an animal
involved in a biting incident to euthanize, sell, give away or otherwise
dispose of such animal until a full release on the incident has been
issued by the Animal Control Officer.
[CC 1985 § 6-17; Ord. No. 7040 § 2(17), 5-5-1997]
A.
Impoundment. Regardless of animal age or license status,
the owner or harborer of an animal inflicting a bite shall immediately
impound the animal with a licensed veterinarian or with the City pound
for a period of ten (10) days. The expense thereof, including expenses
for medical care, shall be paid by the owner or harborer of the animal.
B.
Impoundment Exception. When the bitten person is a member
of the same household as the owner or harborer of the animal inflicting
the bite, or when, in the judgment of the Chief of Police, special
circumstances exist which makes impoundment impractical, such impoundment
may be upon the premises. Impoundment shall mean within a structure
or secure enclosure or upon leash only upon the premises of the owner
or harborer. The animal inflicting the bite shall be examined by a
veterinarian on the first and 10th day of such confinement.
C.
Reporting. All incidents of bite shall be reported immediately
to the Animal Control Officer or his agent.
D.
Disposition Of Animal. It shall be unlawful for the owner
or harborer of an animal which has inflicted a bite to dispose of
such animal by sale, exchange, barter or give away without full disclosure
of the animal's history.
[CC 1985 § 6-18; Ord. No. 7040 § 2(18), 5-5-1997]
A.
It shall be unlawful for the owner of any domestic animal,
except cats, to cause or allow the same to run at large in the City
or be picketed or tied in any public place for the purpose of grazing
or feeding. It shall be the duty of the Animal Control Officer or
his agent to apprehend and impound any such animal not under control.
In the event any animal cannot be safely captured and is deemed to
be a threat to any person or property, the Animal Control Officer
is hereby empowered to destroy the animal. Depending upon circumstances,
impounding shall be in the City pound as follows:
1.
Known Ownership.
a.
When the owner or harborer of a stray animal is
known through licensing, collar identification or other immediate
means, the Animal Control Officer shall notify such person of the
impounding within five (5) business days of the impoundment by phone
or by mail.
b.
The release of an impounded animal shall not be
made by the Animal Control Officer until all expenses of apprehension,
notification and impounding have been paid by the owner or harborer.
c.
If the impounded animal is one (1) requiring a
license and/or rabies vaccination, the owner or harborer shall have
five (5) days in which to present proof of licensing and/or rabies
vaccination to the Animal Control Officer.
d.
The known owner or harborer of the stray animal
shall have five (5) business days from the time of notification in
which to claim the animal. Failure by the known owner or harborer
to obtain release of the impounded animal within this time period
shall be deemed an act of disclaiming and the Animal Control Officer
shall offer the animal for adoption or humanely destroy the animal.
[CC 1985 § 6-19; Ord. No. 7040 § 2(19), 5-5-1997]
A.
If, for any reason, the owner or harborer of an animal
chooses to disclaim ownership of same or voluntarily delivers the
animal to be disclaimed to the Animal Control Officer; executes formal
acknowledgment of such an act; and pays the consignment fee involved,
the Animal Control Officer shall offer the animal for adoption or
euthanize the animal, without regard to the time period cited above.
1.
There shall be no adoption fee for animals taken
up and impounded.
2.
Animals picked up for any violation shall be considered
City property until such time as they are claimed by their rightful
owners. Any unauthorized removal of animals from the animal shelter
shall be considered a violation of this Code.
3.
No animal shall be impounded and retained at the
shelter without sufficient heat during cold weather. Animals that
are sick, injured or otherwise not suited for placement in a new home
shall be disposed of by euthanasia with the least possible delay.
All other animals shall be disposed of as soon as possible by either
returning to owners, placed in a home or euthanized.
4.
The recipient of any dog from the City pound shall
immediately have the dog licensed and vaccinated.
5.
Subject to the further provisions of this Chapter,
the Animal Control Officer may authorize the euthanization of any
animal kept in excess of the time periods set forth herein.
6.
At any time prior to disposal, sale or destruction
of any impounded dog, the owner thereof, upon satisfactory proof of
ownership, may redeem the dog, upon paying the boarding fee established
by the City Council and by paying a fine of five dollars ($5.00).
If such dog has not been vaccinated for rabies, the owner, in addition
to paying the boarding fee and fine and before being entitled to have
said dog, must have the dog vaccinated as provided for in this Chapter.
If the dog shall be picked up and impounded a second time, the owner
shall be required to pay, in addition to the boarding fee, a fine
of ten dollars ($10.00); if the dog shall be picked up a third time,
the owner shall be required to pay the boarding fee, and in addition,
a fine of twenty-five dollars ($25.00).
7.
The Animal Control Officer shall also be empowered
to sell an unclaimed animal within the purview of this Article to
that person making the best offer for same and who, in the judgment
of the Animal Control Officer will best and humanely care for said
animal, but shall not sell or release it for experimental use.
8.
It shall be the duty of the Police Department
to verify and receipt for the payment of the inoculation fees and
the following fees where applicable:
9.
On or before the 10th day of each calendar month,
the Police Department shall deposit and account to the office of the
Finance Director for all moneys collected under and by virtue of this
Article.
10.
It shall be unlawful for any person to take
up any dog registered and collared as required herein, and to remove
or cause to be removed the collar from the neck of any such dog, or
to entice any such dog into any enclosure for the purpose of taking
it up, or for such purpose to decoy or entice any such dog out of
the enclosure or house of its owner or possessor, or to seize or molest
any dog while held or led by any person, or to bring any dog into
the City for the purpose of taking up or impounding the same.
