[Ord. No. 2702, 1-10-2000]
As used in this Chapter, the following terms are defined below:
Every non-human species of animal, both domestic and wild.
Any facility operated by a humane society, or municipal agency
or its authorized agents, for the purpose of impounding animals, under
the authority of this Chapter or State law for care, confinement,
return to owner, adoption, or euthanasia.
Any animal not under the restraint of a person capable of
controlling the animal and/or off the premises of the owner.
Any place or facility where animals are regularly bought,
sold, or traded, except for those facilities otherwise defined in
this Chapter. This Section does not apply to individual sales of animals
by owners.
A commercial variety show featuring animal acts for public
entertainment.
Any pet shop, grooming shop, guard dog, auction, riding school
or stable, zoological park, circus, performing animal exhibition,
or boarding or breeding kennel.
[Ord. No. 3279, 8-21-2023]
Any dog which has inflicted severe injury on a human being without
provocation on public or private property; or
Any dog which has killed a domestic animal without provocation
while off the owner's property; or
Any dog owned or harbored primarily or in part for the purpose
of dog fighting or any dog trained for dog fighting; or
Any dog, not owned by a government or law enforcement unit,
used primarily to guard public or private property; or
Any dog with a known propensity, tendency or disposition to
attack unprovoked, to cause injury, or to otherwise threaten the safety
of human beings or domestic animals; or
Any dog which, when provoked, chases or approaches a person
upon any public or private property in a menacing fashion or apparent
attitude of attack.
Any device erected to securely maintain a dog, cat or any
other animal within the premises of the owner of the animal, including,
but not limited to, fencing or electronic devices.
A grooming establishment where animals are bathed, clipped,
plucked, or otherwise groomed.
Any dog that will detect and warn its handler that an intruder
is present in/or near an area that is being secured.
Any person designated by the Director of Public Safety to
carry out such duties under this Code.
[Ord. No. 3279, 8-21-2023]
Any premises wherein any person engages in the business of
boarding, breeding, buying, letting for hire, training for a fee,
or selling dogs or cats.
Any person, partnership, or corporation owning, keeping,
or harboring one (1) or more animals. An animal shall be deemed to
be harbored if it is fed or sheltered for three (3) consecutive days
or more, or if the owner is a minor, the term "owner" shall include
the parent or legal guardian of such minor.
Any spectacle, display, act, or event, other than circuses,
in which performing animals are used.
Any animal kept for pleasure rather than utility; an animal
of a species that has been bred and raised to live in or about the
habitation of humans and is dependent on people for food and shelter.
Any person, partnership, or corporation, whether operated
separately or in connection with another business enterprise (except
for a licensed kennel), that buys, sells, or boards any species of
animal.
Any animal or animals that unreasonably annoy humans, endangers
the life or health of other animals or persons, or substantially interferes
with the rights of citizens, other than their owners, to enjoyment
of life or property. The term "public nuisance animal," shall mean
and include, but is not limited to, any animal that:
Is found at large two (2) or more times;
Damages the property of anyone other than its owners;
Molests or intimidates pedestrians or passersby;
Chases vehicles;
Excessively makes disturbing noises, including, but not limited
to, continued repeated howling, barking, whining, or other utterances
causing unreasonable annoyance, disturbance, or discomfort to neighbors
or others in close proximity to the premises where the animal is kept
or harbored;
Causes fouling of the air by odor and thereby creates unreasonable
annoyance or discomfort to neighbors or others in close proximity
to the premises where the animal is kept or harbored;
Causes unsanitary conditions in enclosures or surroundings where
the animal is kept or harbored:
Is offensive or dangerous to the public health, safety, or welfare
by virtue of the number and/or types of animals maintained;
Attacks other domestic animals; or
Has been found by the Municipal Court, after notice to its owner
and a hearing, to be a public nuisance animal by virtue of being a
menace to the public health, welfare, or safety.
Any animal secured by a leash or within the real property
limits of its owner pursuant to the appropriate restrictions.
Any place that has available for hire, boarding, and/or riding
instruction any horse, pony, donkey, mule, or burro; or any place
that regularly buys, sells, or trains the above animals, including
a racetrack, trotting track, or rodeo.
Any physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis, and treatment of diseases and injuries of
animals.
Any living member of the animal kingdom, including those
born or raised in captivity, except the following: human beings, domestic
dogs (excluding hybrids with wolves, coyotes, or jackals), domestic
cats (excluding hybrids with ocelots or margays), farm animals, rodents,
any hybrid animal that is part wild, and captive-bred species of common
caged birds, and any animal for which the owner has previously obtained
a permit from the State Department of Conversation.
Any facility operated by a person, partnership, corporation,
or government agency, other than a pet shop or kennel, displaying
or exhibiting one (1) or more species of non-domesticated animals.
[Ord. No. 2702, 1-10-2000; Ord. No. 3279, 8-21-2023]
A.
Upon receipt of any written complaint, the Humane Officer shall conduct an investigation and recommend to the Animal Control Supervisor whether a dog should be designated as a "dangerous dog" as defined by this Code. The owner of any animal designated as a "dangerous dog" by the Animal Control Supervisor shall immediately comply with Section 240.060(E), (F), (G), (H), and (I) of this Chapter.
B.
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 reported to have teased, tormented,
abused or assaulted the dog or was committing or attempting to commit
a crime or offense.
C.
Upon receipt of any written complaint, the Humane Officer shall conduct an investigation and recommend to the Animal Control Supervisor whether a dog should be designated as a "public nuisance" as defined by this Code. When an animal meets the definition of public nuisance as described in Section 240.010 of this Chapter, the Animal Control Supervisor and the Humane Officer, may revoke, suspend, or refuse to issue a license for such an animal.
[Ord. No. 2806 § 1, 11-10-2003; Ord. No. 2830, 12-13-2004; Ord. No. 3279, 8-21-2023]
A.
The following procedures and fees shall be placed into effect with
regard to each animal owned within the City limits of Malden, Missouri,
to wit:
1.
That each animal owned and kept within the City of Malden shall
be registered with the Animal Control Officer or the Humane Officer.
2.
That on the initial time that an animal is registered, the Animal
Control Officer or Humane Officer should collect a fee of ten dollars
($10.00) at the time of registration. The animal shall not be registered
unless the fee is paid in full. The fee shall be delivered to the
City Treasurer. At the time of the initial registration, the owner
of the dog shall bring some proof of identification but under no circumstances
shall the owner or other person who registers the dog on behalf of
the owner be required to provide a photo identification. The owner
may, if he or she so chooses provide such photographic identification,
but will not be required to do so. The owner simply must provide some
kind of documentation or information that would satisfy a reasonable
person that the owner is in fact the individual whom he or she purports
to be; further, the owner of the dog shall not be required to provide
his or her social security number.
3.
That at the time of the initial registration, the owner of the
animal shall bring proof of rabies vaccinations and other requirements
that may be required by State law in order for the animal to be kept
and maintained within the City of Malden, Missouri, and shall provide
a photograph of the animal or, as an alternative thereto, make the
animal available to be photographed by the Animal Control Officer
or the Humane Officer at the Municipal Building.
4.
That the owner shall have the continued obligation to comply
in all manner with applicable State law with regard to rabies vaccination
and other obligations placed upon the owner of the animal by existing
State Statutes or as may be adopted by the State Legislature in the
future.
5.
Within thirty (30) days of the transfer of ownership of any
animal, the animal shall be registered as required above, including
the payment of the registration fee and the requirement of current
photograph, or, as an alternative thereto, make the animal available
to be photographed by the Animal Control Officer or the Humane Officer
at the Municipal Building.
[Ord. No. 2702, 1-10-2000; Ord. No. 3279, 8-21-2023]
A.
Any person owning, keeping, harboring, or having custody of any animal
over four (4) months of age within this municipality must obtain a
license as herein provided. This provision may not apply to small
cage birds or to aquatic and amphibian animal kept solely as pets.
B.
Written application for licenses, which shall include name and address
of applicant, description of the animal, and rabies certificate issued
by a licensed veterinarian or antirabies clinic, shall be made to
the Humane Office or other designated offices.
C.
If not revoked, licenses for keeping dogs and cats shall be for a
period of one (1) year.
D.
Application for a license must be made within thirty (30) days after
obtaining a dog or cat over four (4) months of age; this requirement
will not apply to a non-resident keeping a dog or cat within the municipality
for no longer than sixty (60) days.
E.
Dogs and cats must wear identification tags at all times when off
the premises of the owners.
F.
The licensing authority shall maintain a record of all dogs and cats
licensed and shall make this record available to the public at all
times.
G.
No person may use any license for any animal other than the animal
for which it was issued.
H.
The maximum number of animals at any residence shall be four (4)
dogs.
I.
The maximum number of animals at any residence shall be four (4)
cats.
J.
The license of any person or entity convicted of two (2) or more
violations of this Chapter in a twelve-month period shall be revoked
for a period of twelve (12) months.
[Ord. No. 2702, 1-10-2000]
A.
No person, partnership or corporation shall operate a commercial
animal establishment or animal shelter without first obtaining a permit
in compliance with this Chapter.
B.
The licensing authority shall promulgate regulations for the issuance
of permits and shall include requirements for humane care of all animals
and for compliance with the provisions of this Chapter and other applicable
laws. The licensing authority may amend such regulations from time
to time as deemed desirable for public health and welfare and for
the protection of animals.
C.
When a permit applicant has shown that he/she is willing to comply
with the regulations promulgated by the licensing authority, a permit
shall be issued upon payment of the applicable fee.
D.
The permit period shall begin with the fiscal year and shall run
for (1) year. Renewal applications for permits shall be made thirty
(30) days prior to, and up to sixty (60) days after, the start of
the fiscal year. Application for a permit to establish a new commercial
animal establishment under the provisions of this Chapter may be made
at any time.
E.
If there is a change in ownership of a commercial animal establishment,
the new owner may have the current permit transferred to his/her name
upon payment of a ten dollar ($10.00) transfer fee.
F.
No person shall train any dog to be used as a guard or sentry dog
without possessing a valid license. This Section shall not apply to
the City Government or any of its agencies. The application for a
guard or sentry training license shall state the name and address
of the owner and trainer, location of the facility, and the maximum
number of dogs to be housed at the training facility.
G.
Annual permits shall be issued upon payment of the applicable fee:
(Under no circumstances shall any of the following be allowed
in any R-1 or R-2 Zoning District)
Kennel authorized to house fewer than ten (10) dogs or cats:
fifty dollars ($50.00).
Kennel authorized to house ten (10) or more but fewer than fifty
(50): one hundred dollars ($100.00).
Kennel authorized to house fifty (50) or more dogs or cats:
one hundred fifty dollars ($150.00).
Pet Shop: one hundred dollars ($100.00).
Riding Stable: one hundred dollars ($100.00).
Auction: one hundred dollars ($100.00)
Zoological Park: two hundred dollars ($200.00).
Circus: two hundred dollars ($200.00).
Grooming Shop: fifty dollars ($50.00).
Guard-Dog Training Center: two hundred dollars ($200.00).
H.
Every facility regulated by this Chapter shall be considered a separate
enterprise requiring an individual permit.
I.
Persons operating kennels for the breeding of dogs or cats may elect
to license such animals individually.
J.
No fee may be required of any veterinary hospital, animal shelter,
or government-operated zoological park.
K.
Failure to obtain a permit before opening any facility covered in
this Section shall result in a fine of two hundred dollars ($200.00).
L.
Any person who has a change in the category under which a permit
was issued shall be subject to reclassification and readjustment of
the permit fee.
[Ord. No. 2702, 1-10-2000]
A.
After an application is filed, the licensing authority shall inspect
the facility prior to issuing the permit. The licensing authority
may revoke any permit or license if the person refuses or fails to
comply with this Chapter, the regulations promulgated by the licensing
authority or any law governing the protection and keeping of animals.
Any person whose permit or license is revoked shall, within (10) days
thereafter, humanely dispose of all animals owned, kept or harbored.
No part of the permit or license fee shall be refunded.
B.
It shall be a condition of the issuance of any permit/licensing authority
shall be permitted to inspect all animals and the premises where animals
are kept at any time, and shall, if permission for such inspection
is refused, revoke the permit or license of the refusing owner.
C.
If the applicant has withheld or falsified any information on the
application, the licensing authority shall refuse to issue a permit
or license.
D.
No person who has been convicted of cruelty to animals shall be issued
a permit or license to operate a commercial animal establishment.
E.
Any person having been denied a license or permit may not reapply
for a period of thirty (30) days. Each reapplication shall be accompanied
by a ten dollar ($10.00) fee.
[Ord. No. 2702, 1-10-2000; Ord. No. 3279, 8-21-2023]
A.
All dogs and cats shall be kept under restraint.
B.
Any owner of any animal shall exercise proper care and control of
the owner's animals to prevent them from becoming a public nuisance.
C.
All dogs in excess of thirty (30) pounds shall be in an enclosure
or in a house.
D.
Dangerous Dogs; Restraint Requirements. While on the owner's property,
a dangerous dog must be securely confined indoors or in a securely
enclosed and locked pen or structure, suitable to prevent the entry
of young children and designed to prevent the animal from escaping.
Such pen or structure must have minimum dimensions of five (5) feet
by ten (10) feet and must be at least five (5) feet high with posts
anchored in the ground at least two (2) feet and must have secure
sides and a secure top. The animal must be chained within the enclosure
unless under direct physical supervision of a responsible person.
If it has no bottom secured to the sides, the sides must be embedded
into the ground no less than two (2) feet. The enclosure must also
provide protection from the elements for the dog.
E.
The owner or keeper shall display a warning sign on any premises
where a dangerous dog is located. This sign shall be visible and capable
of being read from the public highway or thoroughfare. In addition,
the owner shall conspicuously display a sign with a symbol warning
children of the presence of a dangerous dog.
F.
Any dangerous dog off the owner's premises shall be muzzled and restrained
by a substantial chain and collar or leash not exceeding six (6) feet
in length and under control of a responsible person. The muzzle must
be made in a manner that it will not cause injury to the dog or interfere
with its vision or respiration but must prevent it from biting any
person or animal.
G.
The owner or keeper shall notify the Animal Control Supervisor or
Humane Officer within twenty-four (24) hours if a dangerous dog is
loose, unconfined, has attacked another animal or has attacked a human
being or has died or has been sold or given away. If the dog has been
sold or given away, the owner or keeper shall provide the Animal Control
Supervisor or Humane Officer the name, address and telephone number
of the new owner, who must comply with the requirements of this Chapter.
H.
Any owner or keeper of a dog that has been designated as a dangerous
dog unwilling or unable to comply with the above regulations for keeping
such an animal should have the animal humanely euthanized by an animal
shelter, animal control agency or licensed veterinarian, after a fourteen-day
holding period. Any dog that has been designated as dangerous under
these laws may not be offered for adoption.
[Ord. No. 2702, 1-10-2000; Ord. No. 3279, 8-21-2023]
A.
Unrestrained dogs and nuisance animals shall be taken by the Police,
Animal Control Officer, or Humane Officer and impounded in an animal
shelter and there confined in a humane matter.
B.
Impounded dogs shall be kept for not fewer than five (5) working
days unless reclaimed by the owner.
C.
If, by a license tag or other means, the owner of an impounded dog
can be identified, the Animal Control Officer or Humane Officer shall
immediately upon impoundment notify the owner by telephone or certified
mail.
D.
Any owner reclaiming an impounded dog shall pay a fee of ten dollars
($10.00) and three dollars ($3.00) for each day the animal has been
impounded. The fee for the subsequent of impoundment of any dog in
a twelve-month period shall be twenty dollars ($20.00) and six dollars
($6.00) per day.
E.
Any dog not reclaimed by its owner within five (5) working days shall
become the property of the local government authority and shall be
transferred to any individual or entity for adoption or euthanization.
F.
In addition to, or in lieu of, impounding an animal found at large,
the Animal Control Supervisor, Humane Officer, or Police Officer may
issue to the known owner of such animal, a notice of ordinance violation.
Such notice shall impose upon the owner a penalty of twenty-five dollars
($25.00) that may, at the discretion of the animal owner, be paid
to any agency designated by the licensing authority within seventy-two
(72) hours in full satisfaction of the assessed penalty. In the event
that such penalty is not paid within the time period prescribed, a
criminal warrant shall be initiated before Municipal Court.
G.
The Animal Control Supervisor shall keep complete and accurate records
of the care, feeding, veterinary treatment and disposition of all
dogs impounded at the shelter.
H.
Any dog involved in a fatal attack on a human being, or attack that
results in severe injury to a human being, whether provoked or unprovoked,
the animal shall be confiscated and, after fourteen (14) days observation
period, the dog shall be humanely euthanized.
B.
All fines and penalties for a first finding of guilt under this Section
may be waived by the court if the person found guilty of animal neglect
shows that adequate, permanent remedies for the neglect have been
made. Reasonable costs incurred for the care and maintenance of neglected
animals may not be waived. This Section shall not apply to the provisions
of Section 578.007, RSMo., or Chapter 272, RSMo.
C.
In addition to any other penalty imposed by Section 578.009, RSMo.,
the court may order a person found guilty of animal neglect to pay
all reasonable costs and expenses necessary for:
1.
The care and maintenance of neglected animals within the person's
custody or ownership;
2.
The disposal of any dead or diseased animals within the person's
custody or ownership;
3.
The reduction of resulting organic debris affecting the immediate
area of the neglect; and
4.
The avoidance or minimization of any public health risks created
by the neglect of the animals.
A.
A person is guilty of animal trespass if a person having ownership
or custody of an animal knowingly fails to provide adequate control
for a period equal to or exceeding twelve (12) hours.
B.
For a first conviction of animal trespass, each offense shall be
punishable by a fine not to exceed two hundred dollars ($200.00).
The second and all subsequent convictions shall be punishable by imprisonment
or a fine not to exceed five hundred dollars ($500.00), or both such
fine and imprisonment. All fines for a first conviction of animal
trespass may be waived by the court, provided that the person found
guilty of animal trespass shows that adequate, permanent remedies
for trespass have been made. Reasonable costs incurred for the care
and maintenance of trespassing animals may not be waived. This Section
shall not apply to the provisions of Section 578.007 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.
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.
[Ord. No. 2702, 1-10-2000; Ord. No. 3279, 8-21-2023]
A.
B.
Any person who is knowingly present, as a spectator, at any place, building, or structure where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in Subsection (A)(2) of this Section, with the intent to be present at such exhibition, fighting, or injuring is guilty of an ordinance violation as set forth in Section 240.170.
C.
Nothing in this Section shall be construed to prohibit:
[Ord. No. 2702, 1-10-2000; Ord. No. 3279, 8-21-2023]
A.
No person shall own, possess, or have custody, on any premises in
the City, of any wild or vicious animal for display, training, or
exhibition purposes, whether gratuitously or for a fee. This Section
shall not be construed to apply to AAZPA-accredited facilities.
B.
No person shall keep or permit to be kept, any wild animal as a pet,
unless having previously obtained a permit from the State Department
of Conservation.
C.
The licensing authority shall have the power to release or order
the release of any infant wild animal under temporary permit that
is deemed capable of survival.
[Ord. No. 2702, 1-10-2000]
A.
No person may sponsor, promote, train a wild animal to participate
in, contribute to the involvement of a wild animal in, or attend as
a spectator any activity or event in which any wild animal is wrestled,
fought, mentally or physically harassed, or displayed in such a way
that the animal is abused or stressed mentally or physically or is
induced or encouraged to perform through the use of chemical, mechanical,
electrical, or manual devices in a matter that will cause or is likely
to cause physical injury or suffering. This prohibition applies to
events and activities taking place in either public or private facilities
or property, and applies regardless of the purpose of the event or
activities and irrespective of whether or not a fee is charged to
spectators.
B.
All equipment used on a performing animal shall fit properly and
be in good working condition.
[Ord. No. 2702, 1-10-2000; Ord. No. 3279, 8-21-2023]
The owner of every animal shall be responsible for the removal
of any excreta deposited by their animal(s) on public walks, recreational
areas, or private property.
[Ord. No. 2702, 1-10-2000; Ord. No. 3279, 8-21-2023]
The civil and criminal provisions of this Chapter shall be enforced
by those persons or agencies designated by municipal authority. It
shall be a violation of this Chapter to interfere with a Humane Officer
or the Animal Control Supervisor in the performance of any official
duties.
[Ord. No. 2702, 1-10-2000; Ord. No. 3279, 8-21-2023]
Any person violating any provision of this Chapter, except Section 240.180 or 240.190, shall be deemed guilty of an ordinance violation and shall be punished by a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00) or imprisoned not more than ninety (90) days. If a violation continues, each day's violation shall be deemed a separate violation. If any person is found guilty by a court of violating Section 240.030, his/her permit to own, keep, harbor, or have custody of animals shall be deemed automatically revoked and no new permit may be issued.
[Ord. No. 2702, 1-10-2000; Ord. No. 3279, 8-21-2023]
A.
It shall be unlawful for any person, firm, association, corporation,
his/her, its, or their agents or employees within the corporate limits
of the City of Malden, Missouri, to own, keep or use any stock yard,
pen, place or premises in or upon which any number of hogs, swine,
horses, mules, ponies, cattle, and/or goats shall be kept or maintained.
B.
Every person, firm, association, corporation or his/her, its, or
their agents or employees, who shall use or maintain any stock yard,
pen, stable, shed or other structure, or any lot or other premises
contrary to the provisions of this Section shall be deemed guilty
of an ordinance violation, and shall be fined not less than one dollar
($1.00), nor more than one hundred dollars ($100.00), and every day
any such pen, stock yard, stable, shed, or other structure, or any
lot or other premises, shall be so used, shall be deemed a separate
offense, punishable as in the first instance.
C.
Provided, however, this Section shall not affect any person, firm
or corporation who owns and maintains a hog pen, horses, mules, ponies,
cattle and/or goat enclosure on a lot with a minimum area of one (1)
acre per animal so confined; provided, further, that any such person
confining such animals in such enclosure must own both the land under
the enclosure and the animals so enclosed.
[Ord. No. 2702, 1-10-2000]
Whoever shall keep, harbor or maintain, upon any premises owned
or occupied by him/her, any chickens, ducks, geese, turkeys or other
domestic fowls, and permit the same to run at large upon the land,
lot, garden or enclosure of another, to the damage or annoyance of
such other person, shall be deemed guilty of an ordinance violation
and, upon conviction, shall be punished by a fine of not less than
one dollar ($1.00), nor more than ten dollars ($10.00).
