[R.O. 2013 § 200.010; Ord. No.
KK432 § 200.1, 12-10-1990]
Whenever in this Chapter the following terms are used, each
shall have the meaning respectively ascribed in this Section:
Sufficient good and wholesome food and water; proper shelter
for the species with insulation if necessary, for protection from
the weather; adequate bedding; and the opportunity for adequate daily
exercise.
Every living vertebrate except a human being.
A facility which is used to house or contain animals and
which is owned, operated, or maintained by a duly incorporated humane
society, animal welfare society, society for the prevention of cruelty
to animals, or other not-for-profit organization devoted to the welfare,
protection, and humane treatment of animals.
Any animal shall be deemed to have been permitted, suffered
or allowed by its owner, keeper or harborer to run at large when found
outside of the residence structure of the owner, keeper or harborer
and not effectively physically restrained on a chain or leash or behind
a suitable fence or other proper method of physical restraint from
which it cannot escape.
Any pet shop, grooming shop, auction, riding school, stable,
kennel, guard dog service, dog trainer, business keeping animals in
stock for retail or wholesale trade, or any establishment performing
one (1) or more of the principal activities of the aforementioned
establishments.
Any animal having a disposition or propensity to attack or
bite any person or other animal without provocation, or which is wild
by nature and of a species which, due to size, vicious nature or other
characteristics, constitutes a danger to human life, physical well-being,
or property.
Any dog that constitutes a physical threat to human beings
or other animals, or has a disposition or propensity to attack or
bite any person or other animal without provocation, or a dog of a
species which, due to size, vicious nature or other characteristics,
constitutes a danger to human life, physical well-being, or property;
or any dog which has been known to bite or attack a human being or
other domestic animals without provocation one (1) or more times;
or
Any and all fowl, domesticated and wild, male and female,
single and plural.
To feed or shelter an animal at the same location for three
(3) or more consecutive days.
Any person who offers asylum, refuge, or sanctuary to any
animal on a basis so temporary as to not be deemed to be owning or
keeping shall be deemed to be harboring.
One (1) adult and competent human.
A kennel license is necessary for the care, breeding, showing
or sale of dogs or cats by an adult natural person who maintains a
hobby kennel or hobby cattery containing more than two (2), but not
more than ten (10), animals over the age of six (6) months on the
lot on which he/she is resident or on a contiguous lot, which lot
or lots are not zoned for business.
Any swine, bovine, goat, sheep, beast of burden or any other
domestic or wild animal of a similar or larger size.
Any system or systems of animal identification approved by
the City Clerk which do not involve alteration or permanent marking
of an animal.
In addition to its ordinary meaning, any person who keeps
or harbors an animal or professes to be owning, keeping, or harboring
an animal.
Any person who feeds or shelters any animal for three (3)
or more consecutive days or who professes ownership of such animal
shall be deemed to be owning or keeping.
Any individual, partnership, firm, joint stock company, corporation,
association, trust, estate, or other legal entity.
Any animal deemed to be troublesome to plants or other animals,
human health or human concerns, livestock, or human structures.
Any animal (or group of animals which contains any animal)
which:
Molests any passerby or chases passing vehicles including bicycles.
Attacks any other animal.
Is in heat and not properly confined as provided in Section 205.270.
Is at large as defined in this Section.
Damages public or private property.
Barks, whines, or howls in an excessive fashion which is hereby
defined as continuous or untimely so as to disturb the sleep of an
individual who is a neighbor [a neighbor, for this purpose, is hereby
defined as an individual residing in a residence structure which is
within one hundred (100) yards of the property on which the animal
is kept or harbored] and who does in writing state that he/she will
so testify if called upon to testify about such matter under oath.
Is ridden on public property without a permit or which obstructs
or interferes with vehicular or pedestrian traffic.
Causes injury to people.
Threatens or causes a condition which endangers public health.
Impedes refuse collection by ripping any bag or tipping any
container of such.
Any animal not within the definition of large animal but
including all dogs without reference to size.
A facility which has the primary function of providing medical
care for animals and is operated by a currently licensed veterinarian.
Any animal which is predominantly free roaming as opposed
to domesticated.
[R.O. 2013 § 200.020; Ord. No.
KK432 § 200.2, 12-10-1990]
Except where otherwise provided, it shall be the duty of the
Supervisor of City Maintenance, or his/her designee, to provide for
the care of any animal taken into custody pursuant to this chapter
by providing adequate food, water, and shelter as to maintain the
health and well-being of the animal. The Supervisor of City Maintenance,
or his/her designee, shall provide for transportation to obtain veterinary
treatment for an animal accepted into custody when necessary and shall
assist in the capture of animals at large when required.
[R.O. 2013 § 200.030; Ord. No.
KK432 § 200.3, 12-10-1990]
It shall be the duty of the Police Department to enforce the
provisions of this Chapter, to capture animals at large whenever reasonably
possible, to assist in the return of animals in custody to their owners,
and to assist in the adoption of abandoned animals.
[R.O. 2013 § 200.050; Ord. No.
KK432 § 200.5, 12-10-1990]
Any unrestrained dog or any animal defined as a public nuisance
by this Chapter may be taken by the Police and impounded in the animal
control facility or at a designated holding place and be there confined
in a humane manner pending further action pursuant to this Chapter
or other law. If an owner or keeper is present, in lieu of impoundment,
a General Ordinance Summons may be issued to that person and said
person may retain possession of the animal.
[R.O. 2013 § 200.060; Ord. No.
KK432 § 200.6, 12-10-1990]
After the impoundment of any animal where a General Ordinance
Summons has not been issued to the owner or keeper, the Lawson Police
Department shall promptly notify the owner of such animal of its impoundment
if the owner can be determined and located by reasonable investigation;
however, no liability shall attach to the City or to the Chief of
Police or his/her staff for failure to give such notice. The owner
of an impounded animal who does not redeem his/her animal may still
be proceeded against for violation of any applicable Section or Sections
of this or any applicable ordinances.
[R.O. 2013 § 200.070; Ord. No.
KK432 § 200.7, 12-10-1990]
A.
In the event that the City Administrator or his/her designate determines
that a rabies or other zoonotic disease control emergency exists,
he/she shall so declare, stating the boundaries of the affected area
and he/she is hereby empowered to issue emergency regulations and
take all steps necessary within the provisions of this Chapter and
State law to abate the threat. Such emergency steps and regulations
shall be in effect only during the period of the declared emergency.
B.
The City Administrator or his/her designate is hereby empowered to
issue standing regulations for rabies and zoonotic control that he/she
finds necessary to protect the public health which standing regulations
shall be fled with the City Clerk. Such regulations shall be in keeping
with the U.S. Public Health Service guidelines and Missouri State
Law.
[R.O. 2013 § 200.080; Ord. No.
KK432 § 200.8, 12-10-1990]
The City Administrator (or his/her designate) is hereby authorized
to issue a permit for the elimination of pest animals to any owner
or owner's authorized agent, lessee, or tenant of real estate in the
City. In cases where such pest animals exist as to cause a public
nuisance in a district of the City, such permit may be issued to a
duly licensed pest control or exterminating company for such district
which shall be defined on such permit. No permit shall be issued for
a longer period than thirty (30) days. Retention of any such permit
shall be conditioned upon continuing compliance with advisory instructions
issued and regulations adopted by the City Administrator or his/her
designate in dealing with such activity. Elimination of pest animals
shall be conducted in a humane method and in such a manner as to target
only the approved pest animal(s) whenever reasonably possible. Trapping
and relocation of the pest animal shall be the preferred method of
elimination of the pest whenever reasonable possible. The disposal
of pest animal carcasses shall be conducted in a sanitary method,
approved by the City Administrator, for the protection of public health
and shall be the responsibility of the permit holder.
[R.O. 2013 § 200.090; Ord. No.
KK432 § 200.9, 12-10-1990; Ord. No. KK624 § 1, 7-21-1997]
A.
The keeping or harboring of dangerous animals other than dogs within the City is hereby prohibited. Other than as to dogs which are regulated by Section 205.260, the Chief of Police shall have the authority to declare an animal dangerous because of past behavior, violations of this chapter, or the inherently dangerous nature of the animal as to persons. Such a declaration shall be grounds for the impoundment and destruction of the animal unless, without danger to the public, it can be and is removed from the City within forty-eight (48) hours.
B.
Within any residential area (for purposes of the Section, here defined
as any area not zoned for commercial, agricultural or industrial purposes),
the keeping or harboring of any poisonous or venomous animal, or any
carnivorous or omnivorous animal which poses a threat to human safety
shall be prohibited. Examples of carnivorous or omnivorous animals
which pose a threat to human safety are, but not limited to, non-human
primates, raccoons, skunks, foxes, leopards, panthers, tigers lions,
alligators, crocodiles, or other wild animals. Non-poisonous snakes
or small animals such as mice, rats, hamsters, guinea pigs, sugar
gliders, or rabbits shall be kept in locked escape-proof cages except
when being handled. No snake shall be permitted by the owner, keeper
or handler to escape from a cage or while being handled.
[R.O. 2013 § 200.100; Ord. No.
KK432 § 200.10, 12-10-1990]
A.
In the interest of public health, safety and the general welfare,
to regulate or prohibit the keeping or running at large of any animal
or fowl, any person keeping or harboring any animal or fowl in the
City by so doing does thereby authorize the Lawson Police Department
to enter without warrant upon private property he/she owns or controls
where such animal or fowl is to be found, in plain sight, other than
within any residence structure, for the purpose of enforcement of
this Chapter and to seize such animal from said private property to
abate ordinance violation.
B.
By the authority of this Section, any animal that is deemed by the
Chief of Police to be cruelly mistreated in violation of this Chapter
or suffering, may be seized from the property of its owner or keeper
to abate the mistreatment or the suffering of that animal, and it
may be confined at the Municipal Animal Shelter or other appropriate
facility for disposition under the terms of this Chapter.
C.
Any animal that has possibly exposed a person to rabies through a bite wound or other tissue invasion and that is found on the property of the owner or keeper may be removed from that property by a Lawson Police Officer if such owner or keeper is not available, willing and able to surrender the animal for the observation required by Section 205.360 or 205.370 of this Chapter.
[R.O. 2013 § 200.110; Ord. No.
KK432 § 200.11, 12-10-1990]
B.
The offense of animal neglect is a Class C misdemeanor unless the
person has previously been found guilty of an offense under this Section,
or an offense in another jurisdiction which would constitute an offense
under this Section, in which case it is a Class B misdemeanor.
C.
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.
D.
In addition to any other penalty imposed by this Section, 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.
[R.O. 2013 § 200.120; Ord. No.
KK432 § 200.12, 12-10-1990]
A.
It shall be unlawful for any person to keep, maintain or harbor any
hogs, pigs or other members of the swine species of animals within
the City.
B.
Unless within an agricultural zoned area, no livestock shall be permitted
to be kept, maintained, pastured or fed. As used herein, "livestock"
includes, but is not limited to the following animals: Horses, mules,
alpaca, llama, cattle, sheep, goats, bison, or wild animals of similar
or larger size. Within an agricultural zoned area, no livestock shall
be kept, maintained, pastured or fed within two hundred (200) feet
of the nearest portion of any building in any way used by human beings,
other than the dwelling occupied by the owner or keeper of any of
such animals. Beyond this limitation of two hundred (200) feet, not
more than two (2) of the aforesaid animals shall be kept, provided
that the limitation of two (2) horses shall not apply to horses used
in a commercial business and licensed as such by the ordinances of
this City, or when land is zoned for agricultural use, a maximum of
two (2) animals may be allowed at the property line while the concentration
of livestock shall maintain the two-hundred-foot distance specified
herein and shall not exceed one (1) animal per two (2) acres of land.
Stables, coops, pens or other structures for the housing of any of
the aforementioned animals shall comply with all zoning restrictions.
C.
Livestock shall not be allowed to run at large and when legally kept
must be restrained in a manner and by such means as will prevent such
animals from escaping, straying or running at large. Gates used to
restrain livestock shall be kept closed with a chain and padlock to
minimize vandalism.
D.
All manure accumulations in the area where livestock and other animals
are kept, shall be removed, stored or disposed of in such a manner
as to prevent attracting flies or the spread of disease.
E.
Wild animals not prohibited from being kept as pets shall also be
so kept in compliance with the Statutes, regulations and treaties
of the State of Missouri and the Federal Government.
[R.O. 2013 § 200.130; Ord. No.
KK432 § 200.13, 12-10-1990; Ord. No. 09-02-2020, 9-28-2020]
A.
It shall be unlawful for any person to keep, harbor or maintain any
animals or fowl of any type except; domesticated dogs, domesticated
cats, or female domesticated chickens (hens) within the City, or unless
authorized by City ordinance.
B.
Location Of Coops, Hutches, Pens Or Other Animal Enclosures. It shall
be unlawful for any person to keep or maintain any chicken coop, dove
cote, rabbit hutch or other enclosure for the housing of fowl or small
animals, closer than fifty (50) feet to the nearest portion of any
building occupied by or in any way used by human beings, other than
the dwelling occupied by the owner or keeper of the animals or fowl,
or closer than twenty-five (25) feet to the property line of the lot
on which such fowl or animals are kept. All such structures shall
be located as to not be readily visible from any roadway, must be
located in an area of the property which would be commonly described
as a "back yard" or rear portion of the property, and must comply
with all applicable building code or zoning ordinances.
C.
Odors. Every coop, dove cote, rabbit hutch or other enclosure for
the housing of fowl or small animals, shall be kept so that no offensive,
disagreeable or noxious smell or odor shall arise in violation of
the City's nuisance ordinances.
D.
Disposal Of Manure. Every coop, dove cote, rabbit hutch or other
enclosure for the housing of fowl or small animals, shall be provided
with a watertight and fly-tight receptacle for manure of such dimension
as to contain all accumulations thereof, which receptacle shall be
emptied sufficiently often and in such manner as to prevent its becoming
a violation of the City's nuisance ordinances. Such receptacle shall
be securely covered at all times except when open during the deposit
or removal of manure or refuse therefrom. No manure shall be allowed
to accumulate except in such receptacle. All such manure, when removed
from the receptacle, shall be buried with covering of not less than
six (6) inches of earth, or if used as fertilizer, thoroughly spaded
into the ground, or shall be removed from the property.
E.
Condition Of Enclosure. Any structure, pen, coop or other enclosure
for the housing of fowl or small animals, shall be maintained in a
clean and sanitary condition, devoid of all rodents and vermin, and
free from objectionable odors. The enclosed area of all such structures
shall be constructed in such a way as to be dry at all times on the
inside. Each such structure or enclosure shall be maintained in such
a condition as to prevent the escape of any animal or fowl. The person
maintaining any aforementioned structure, pen, coop or yard in the
City does by such act of maintenance authorize the City Administrator
or his/her designate to at any time, inspect any such structure or
premises and issue any such order as may be necessary to carry out
the provisions of this Section.
F.
Number Of Fowl Or Small Animals, Restrictions. Except where fowl,
rabbits or other small animals are kept for sale within a bona fide
produce market, commission house or store for the purpose of trade
and while so kept are confined in small coops, boxes or cages; or
where such animals or fowl are kept for the purposes of research in
a laboratory; no more than five (5) domesticated female fowl or five
(5) small animals may be kept upon any property, unless the property
is zoned Agricultural. No male chicken (rooster) which crows shall
be allowed within the City of Lawson.
G.
Roaming At Large Prohibited. No person may harbor, keep, or maintain
any domestic fowl or other small animal within the City of Lawson
unless kept within a coop or other enclosure sufficient to prevent
the fowl or other small animal from roaming at large upon any property.
H.
Permitting. The City Administrator shall be authorized to establish
additional rules or procedures, including the establishment of a permit
fee not to exceed five dollars ($5.00) per coop, hutch, or other enclosure
for the housing of fowl or small animals; for the purpose of effective
administration and enforcement of this Section.
I.
Penalty.
Any person who upon conviction is found to have violated any portion
of this Section shall be deemed guilty of an ordinance violation and
subject to the established penalty for ordinance violations.
[R.O. 2013 § 200.140; Ord. No.
KK432 § 200.14, 12-10-1990]
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.
B.
Animal abuse is a Class A misdemeanor, unless the defendant has previously been found guilty of animal abuse or the suffering involved in Subsection (A)(2) is the result of torture or mutilation consciously inflicted while the animal was alive, in which case it is a Class E felony.
C.
No person shall offer to give or give a live animal as a prize or
as a business inducement.
[R.O. 2013 § 200.160; Ord. No.
KK432 § 200.16, 12-10-1990]
Every pen, run, cage or other yard establishment wherein any
dog, or other animal is kept shall be maintained so that no offensive,
disagreeable or noxious smell or odor shall arise therefrom to the
injury, annoyance or inconvenience of any neighbor.
[R.O. 2013 § 200.170; Ord. No.
KK432 § 200.17, 12-10-1990]
A.
All manure accumulations in any pen, run, cage or yard establishment
wherein a dog is kept shall be removed or disposed of in such a manner
as to prevent the breeding of flies.
B.
It shall be unlawful for the person in control of a dog to allow
the animal to deposit manure on public property or on the private
property of another person. The owner or keeper of every animal, when
such animal is off the property controlled by the owner or keeper,
shall be responsible for the removal of any excreta deposited by such
animal on public walks, streets, recreation areas, or private property,
and it shall be a violation of this Chapter for such owner or keeper
to fail to remove or provide for the removal of such excreta before
taking an animal from the immediate area where such excretion occurred.
[R.O. 2013 § 200.180; Ord. No.
KK432 § 200.18, 12-10-1990]
A.
It shall be the duty of every person owning, keeping or harboring
in the City any dog, or cat over one hundred twenty (120) days old
to procure a license therefor from the City Administrator or his/her
designate. The receipt issued for the license shall constitute a certificate
of registry and evidence of licensure for the keeping of such animal
within the City. The City Administrator may delegate authority to
the Chief of Police to enforce any Section of this Chapter requiring
licensure.
B.
Kennel owners or breeders shall obtain a kennel license. An affidavit,
together with the application for license, shall be presented setting
forth and describing the kennel or breeding operation for which such
license is sought. If such application is by a person who is a bona
fide kennel owner or breeder of dogs and provide that all dogs kept
in connection with such operation and not licensed as otherwise provided
herein are kept upon the applicant's premises at all times, such kennel
license fee shall be exclusive of any other fees mentioned.
C.
Such kennel license shall be issued for one (1) year beginning on
the first day of July of each calendar year in the year of operation.
The operator may apply for the license in June without penalty or
delay when an application which should have been made by June 30 is
not made until after said date, the appropriate license fee shall
be increased by fifty percent (50%). If an operation shall commence
after June 30, then the license fee for the year of commencement may
be prorated to the nearest quarter and the fifty percent (50%) penalty
for delinquency shall be added thirty (30) days after the date the
license should have been procured.
[R.O. 2013 § 200.190; Ord. No.
KK432 § 200.19, 12-10-1990]
Any other Section of this Chapter notwithstanding, the licensing
provision of this Article shall not apply to any non-resident owner
or keeper of a dog or cat while such non-resident is passing through
the City, provided such animal shall remain on leash or otherwise
effectively physically restrained as in a closed vehicle.
[R.O. 2013 § 200.200; Ord. No.
KK432 § 200.20, 12-10-1990]
For the issuance of each dog or cat, or kennel license required by this Chapter, the owner or keeper shall pay to the City such license fee as is provided for in Section 205.430, except that when any such owner, keeper, or other applicant for such license shall submit such proof as may be required by the City Administrator or his/her designate that a dog is fully trained as a "seeing eye dog" or a "hearing dog" and is regularly used in the service of a blind or deaf person or that a dog is owned by a governmental unit, then such license shall be issued without the payment of such fee.
[R.O. 2013 § 200.210; Ord. No.
KK432 § 200.21, 12-10-1990]
The licensure evidenced by the certificate of registry shall
entitle an owner or keeper to keep the licensed dog or cat in the
City until the first day of July first next following the date of
issuance of the license and certificate.
[R.O. 2013 § 200.220; Ord. No.
KK432 § 200.22, 12-10-1990]
Before the City Administrator or his/her designate issues any
license or tag for a dog or cat, the owner or keeper thereof shall
file with the City Administrator or his/her designate a certificate
from a licensed veterinarian showing that within three hundred sixty-five
(365) days next preceding the issuance of such license, the dog or
cat was immunized against rabies. The owner will also submit satisfactory
proof (such as a certificate from a licensed veterinarian) to the
City Administrator or his/her designate as to whether or not a dog
or cat has been spayed or neutered if it is desired to obtain a license
at the lower rate applicable to spayed or neutered animals.
[R.O. 2013 § 200.230; Ord. No.
KK432 § 200.23, 12-10-1990]
The City Administrator or his/her designate shall keep a record
for a period of not less than three (3) years giving the name and
address of the owner or keeper of each licensed dog or cat and the
number of the certificate of registry, together with a general description
of the dog or cat.
[R.O. 2013 § 200.250; Ord. No.
KK432 § 200.25, 12-10-1990]
A.
No owner or keeper of any licensed dog shall allow or permit such animal to be outside the residence of said owner or keeper at any time without having attached to a collar about the neck of such animal or to a secure body harness the license tag provided for in Section 205.170; except when such dog is being handled in the course of an organized dog training or exhibition program.
B.
The owner or keeper of any licensed cat shall either attach the license tag provided for in Section 205.170 to the animal with a neck collar or secure body harness or the owner or keeper shall retain such tag in possession at his/her residence and shall display the tag upon request of any Police Officer or Animal Control Officer.
C.
No person shall remove, or cause to be removed, the collar, harness
or the license tag from any registered dog or cat without the consent
of the owner or keeper thereof.
[R.O. 2013 § 200.260; Ord. No.
KK432 § 200.26, 12-10-1990; Ord. No. 4-1-16 § 2, 4-25-2016]
A.
It shall be unlawful and a public nuisance for any person in charge
of a residence to keep or allow to be kept more than a total of four
(4) dogs or cats in any combination of combined number, over the age
of ninety (90) days at such residence.
B.
If the individual in charge of the residence has a current kennel
or cattery permit, then the number of dogs or cats shall not exceed
ten (10) in total over the age of one hundred eighty (180) days.
C.
When animals in excess of the limit established in the preceding Subsection are found at a residence, all of the animals found at the residence may be removed to the Municipal Animal Shelter to be handled in accordance with Section 205.290, except that the person in charge of the residence, if present, may designate and retain up to four (4) total animals.
[R.O. 2013 § 200.270; Ord. No.
KK432 § 200.27, 12-10-1990]
A.
A dog may be declared dangerous because of any one or more of the
following:
1.
Any dog of a cross, ferocious, or dangerous disposition as evidenced
by past behavior.
2.
Any dog which is of a species size, vicious nature, or other
characteristics, that would constitute a threat to physical well-being
of human or animal life.
3.
Any dog which is of a species, size, vicious nature or other
characteristics that would constitute a danger to public or private
property.
4.
Any dog which has the disposition or propensity to attack unprovoked.
5.
Any dog which has without provocation bitten a human being one
(1) time.
B.
The following constitutes prima facie evidence of a dangerous dog:
C.
Any dog found to be a dangerous dog under Subsection (A)(1) through (4); or Subsection (B)(1) through (2) shall be required to be controlled under the following standards:
1.
Leash. No person shall permit a dangerous 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.
2.
Confinement. When not on a leash being physically controlled
by a person, a dangerous dog shall be securely confined in a locked
pen or kennel consisting of a structure which has secure sides and
a secure top attached to the sides, and either a secure bottom attached
to the sides or the sides of the pen must be embedded in the ground
at least two (2) feet. Such enclosures shall adhere to all building
and zoning regulations of the City. All such enclosures must be adequately
lighted and ventilated and kept in a clean and sanitary condition.
3.
Confinement Indoors. No dangerous dog may be kept on a porch,
patio, or in any part of a house or structure that would allow the
dog to exit such building on its own volition. In addition, no such
dog 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. A conspicuous notice shall be posted consisting of a
notice stating in two-inch-high print on a two-foot-by-three-foot
sign, "Dangerous Dog."
E.
The Police Department may take control of and remove to the Animal Shelter or other facility providing adequate shelter, food, and medical care, any dog that is involved in an incident where the owner, harborer, or keeper has been issued a summons for a violation of any Section of Chapter 205 until such time as the court disposes of the case involving the dog(s) in question.
F.
Within twenty-four (24) hours of the final disposition of the case, the animal in question must be returned to the owner, harborer, or keeper and any applicable provisions of Chapter 205 shall apply.
G.
The Police Department may destroy a dangerous dog as a last resort
if it is not reasonably possible to catch the dog without injury and/or
death to human or animal life or damage to public or private property
within the City.
H.
It shall be unlawful for any owner, harborer, or keeper to fail to
comply with any Subsection of this Section. Failure to comply may
result in the immediate impoundment of the dog(s) in question and
revocation of their license.
I.
Biting Dogs Running At Large. It shall be unlawful for any person
owning, keeping or harboring any dog to permit, suffer or allow said
dog to run at large within the City; and if said dog causes injury
to a human by biting or scratching while running at large, said owner,
keeper or harborer shall upon conviction be punished as an ordinance
violation.
J.
Penalty Section. Any violation of any parts of this Section shall
be punishable as an ordinance violation.
[R.O. 2013 § 200.280; Ord. No.
KK432 § 200.28, 12-10-1990; Ord. No. KK735, 7-23-2001]
A.
No person shall own or keep any animal which by making excessive
noise disturbs a neighborhood. The following definitions and conditions
shall be specially applicable to enforcement of the aforesaid prohibition
of this Section:
1.
The phrase "excessive noise" shall mean and include any noise
produced by an animal which is so loud and continuous or untimely
as to disturb the peace of a neighbor.
2.
The term "neighbor" shall mean an individual residing in a residence
structure which is within one hundred (100) yards of the property
on which the animal is kept or harbored and who does state that he/she
will testify under oath to said animal making excessive noise.
B.
If a General Ordinance Summons is issued charging violation of this
Section, a subpoena shall also be issued to the disturbed neighbor
to testify in the matter.
[R.O. 2013 § 200.290; Ord. No.
KK432 § 200.29, 12-10-1990]
A.
No person shall own, keep or harbor any dog or other animal which
by jumping upon or threatening any person upon a public street or
sidewalk shall cause such person to be put in fear of injury. This
Section shall apply to any animal running at large and to any animal
while being walked on a leash, and the unprovoked attack by an animal
on a leash upon any person shall constitute an assault or battery
by the person holding the leash and failing to prevent unprovoked
attack by such animal.
B.
It shall be a violation to maintain any animal within the City as
a public nuisance as such is defined by the common law of Missouri,
the Statutes of Missouri or the ordinances of this City.
[R.O. 2013 § 200.300; Ord. No.
KK432 § 200.30, 12-10-1990]
The owner, keeper or person harboring any female dog shall,
during the period that such animal is "in heat," keep it securely
confined and enclosed within a building except when out upon such
person's premises briefly for toilet purposes while on leash or otherwise
effectively physically restrained. For the purposes of the Section,
"briefly for toilet purposes" shall consist of a maximum time of fifteen
(15) minutes on each separate occasion.
[R.O. 2013 § 200.310; Ord. No.
KK432 § 200.31, 12-10-1990]
A.
It shall be unlawful for any person owning, keeping or harboring
any animal to permit, suffer or allow said animal to run at large
within the City.
B.
A legally blind person using a "seeing eye dog" in the customary
manner shall be deemed to be in compliance with this Section.
C.
Official use of dogs by any governmental unit shall be deemed in
compliance with this Section.
[R.O. 2013 § 200.320; Ord. No.
KK432 § 200.32, 12-10-1990]
A.
Impounded animals shall be kept for not less than one (1) week, except:
1.
When given by an owner, keeper or harborer, to be disposed of,
the animal shall be held until the next calendar day before making
disposition.
2.
When an animal arrives at the shelter in so sick or injured
a condition that in the judgment of the Chief of Police or a licensed
veterinarian, human compassion requires that the suffering be promptly
ended; in such instance, said time period shall not apply and the
animal will be humanely killed to prevent needless suffering.
B.
Whenever any animal shall remain in the animal shelter or at the place of impoundment of a designated representative for a period longer than one (1) week from the impounding of such animal (except those animals impounded under authority of Section 205.360 or 205.370, in which case, said period shall begin upon the expirations of the applicable observation period therein provided), said animal shall be disposed of in a humane manner by euthanasia, using a method approved by the Humane Society of the United States.
C.
The Chief of Police may, in lieu of having an unclaimed animal euthanized
as provided herein, give such animal into the custody of any adult
requesting custody (animal adoption) of such specific animal as a
pet after viewing it, provided that in the judgment of the Chief of
Police, said person will humanely care for such animal and will not
permit its use for laboratory or experimental purposes.
D.
No animal will be given to the custody of a person who, in the judgment
of the Chief of Police, is requesting the animal with the intent to
sell it. Not more than two (2) animals may be given into the custody
of any individual or family per year.
E.
After selection of an animal, but prior to delivery of custody of
the animal, the City Administrator or his/her designee shall collect
fees as follows:
1.
Collect all fees for boarding of said dog or cat and issue a
receipt for such which shall constitute a temporary permit to keep
the animal without license for tag for ten (10) days if it is over
one hundred eighty (180) days old or for ten (10) days after the animal
becomes one hundred eighty (180) days old, which date shall be entered
on the receipt based on the animal's age as estimated by the Chief
of Police, and such age shall be conclusively presumed correct for
the purposes of and enforcement of this Chapter.
2.
Collect a twenty-five dollar ($25.00) deposit for any unneutered
or unspayed dog or cat and shall refund this deposit if within one
hundred eighty (180) days the animal is licensed and satisfactory
proof from a licensed veterinarian is submitted that such animal has
been spayed or neutered.
3.
Collect a five dollar ($5.00) deposit for any neutered or spayed
dog or cat and shall refund this deposit if the animal is licensed
and refund is requested within the period the animal may be kept without
license or tag as indicated on the aforementioned temporary permit.
[R.O. 2013 § 200.330; Ord. No.
KK432 § 200.33, 12-10-1990]
A.
An impoundment fee may be charged when any animal is picked up by
the Lawson Police Department and transported to the Animal Shelter
or other City-designated place of impoundment. The fee for impoundment
shall be twenty-five dollars ($25.00).
B.
The fee for the care of any animal during the period of impoundment
for each day or portion of a day that said animal is impounded shall
be eight dollars ($8.00), but shall be increased to the actual costs
incurred due to unusual expenses such as, but not limited to, emergency
veterinary care.
C.
Payment of all pending fees must be made prior to the release of
any animal to the owner or keeper of the animal. Pending fees may
be waived at the discretion of the City Administrator if the animal
is being adopted by a new owner.
[R.O. 2013 § 200.340; Ord. No.
KK432 § 200.34, 12-10-1990]
Nothing in this Chapter shall be construed to regulate the owning,
keeping or display of animals by governmental entities nor to prohibit
the customary and humane presentation of any circus, rodeo, horse
or stock show, trained animal act, or other similar traveling or temporary
animal display or act if conducted pursuant to all applicable City
ordinances and State laws applicable at the time of occurrence.
[R.O. 2013 § 200.350; Ord. No.
KK432 § 200.35, 12-10-1990]
A.
Responsibility. The Supervisor of City Maintenance or his/her designate
shall be responsible for the removal of all dead animals found within
the City except as otherwise provided in this Section. In this Section,
"dead animals" shall mean one not killed for food or no longer fit
for food.
B.
Removal Of Large Dead Animals. All large dead animals shall be removed
by the owner or proprietor of the premises within twelve (12) hours
after the death of such animal. If not so removed, such animal shall
be removed by the order of the City Administrator at actual cost to
the property owner or proprietor.
C.
Removal Of Small Dead Animals. For the removal of small dead animals
from animal hospitals, commercial establishments, laboratories and
other similar places where animals are kept for commercial or scientific
purposes; it shall be the responsibility of that entity to properly
remove and dispose of the animal.
E.
Access. On occupied property, the owner or the tenant thereof shall
provide easy access to the subject animal for purposes of its removal.
F.
Notice. No person owning or having in his/her possession the carcass
of any animal not to be used for food shall permit the same to remain
in or upon any street, sidewalk, park, public ground, private lot,
or other place without at once giving notice to the Police Department.
[R.O. 2013 § 200.360; Ord. No.
KK432 § 200.36, 12-10-1990]
No horse market shall be conducted or maintained in any block
of ground in the City where a majority of the frontage of any side
of such block is occupied and used for residential purposes. It shall
further be unlawful to offer any animal for sale at auction, unless
the same is done in a barn, stable or other covered enclosure. Where
any animal is offered for sale at auction, the auctioneer so offering
the same for sale shall first make a minute description of such animal
in a well-bound book, which book shall be at all times open to inspection
by any Officer of the City or Police Department.
[R.O. 2013 § 200.370; Ord. No.
KK432 § 200.37, 12-10-1990]
Any person operating a commercial animal establishment shall
keep and maintain the animals, and all structures, pens or yards in
which the animals are kept, in such a manner as to prevent a nuisance
or health hazard to humans and to avoid injury to these animals. All
cages and holding areas must be properly sanitized so as to keep the
animals enclosed therein free of diseases. All such caged animals
shall be provided with a constant supply of wholesome food and water
or in lieu of this, the proprietor shall prominently and publicly
post and shall follow a schedule for adequate feeding and watering.
All disease-infested animals shall be removed and treated to prevent
the spread of disease or euthanized, and if the owner or keeper fails
or refuses to provide for such, the Chief of Police may remove such
animals to the Municipal Animal Shelter or appropriate facilities
for disposition as provided by this Chapter.
[R.O. 2013 § 200.380; Ord. No.
KK432 § 200.38, 12-10-1990]
Any bite wound exposing an individual to the possibility of
rabies or other zoonotic disease (hereinafter "incident") shall be
immediately reported to the Lawson Police Department by the victim
and by the owner, keeper or harborer of the animal if the incident
is known to him/her. Any animal bite which requires medical treatment
shall be reported within twenty-four (24) hours to the Police Department
by the treating physician or hospital caring for the patient. It shall
be the duty of the Police Department to promptly notify the Chief
of Police of any such bite reported to the Police. It shall be unlawful
for the owner, keeper or person harboring the animal involved in such
incident to release it from his/her custody or to hide or conceal
such animal or to take or allow such animal to be taken beyond the
limits of the City unless so authorized by the Chief of Police or
City Administrator, until an observation period stipulated by the
City Manager or his/her designate from the particular species of animal
is over or such period is ruled unnecessary by the City Administrator
or his/her designate. It shall be the duty of such owner or keeper,
upon receiving notice of such incident, to immediately place the animal
involved in a duly licensed veterinary medical facility, the address
of which must be furnished to the Chief of Police at once, or in the
Municipal Animal Shelter, or kept confined as agreed upon with the
Chief of Police, where such animal shall be isolated and confined
for observation. The owner or keeper of an animal involved in a biting
incident shall be liable for the cost of confinement and observation.
The death or any suspicious change in health or behavior of any such
animal undergoing observation shall be reported immediately by the
observing authority to the City Administrator or his/her designated
representative. In the event that a proper period of observation is
undetermined or undeterminable for the species of animal involved
in an incident, the City Administrator or Chief of Police is hereby
empowered to order whatever laboratory examination of the animal or
the animal's tissues is required by prudent medical practice for the
protection of the victim and no liability for damages shall arise
from any injury to or the death of the animal occasioned by said laboratory
examination. When an animal involved in an incident is outside the
City, the City Administrator or the Chief of Police shall forward
information concerning the incident to the appropriate authority of
the jurisdiction of residence of the owner, keeper or harborer of
the appropriate State Health Department for coordinated disease prevention.
[R.O. 2013 § 200.390; Ord. No.
KK432 § 200.39, 12-10-1990]
A.
It shall be the duty of every owner or keeper of any animal, upon
receiving notice or having knowledge of the involvement of his/her
pet in a human exposure to the possibility of rabies or other zoonotic
disease by biting (hereinafter "incident"), to immediately place such
animal in a duly licensed veterinary medical facility, the address
of which must be furnished to the Chief of Police at once, or in the
Municipal Animal Shelter, where such animal shall be isolated and
confined for observation for ten (10) consecutive days from and including
the day of the incident. It shall be unlawful for the owner, keeper
or person harboring the animal involved in such incident to release
it from his/her custody or to hide or conceal such animal or to take
or allow such animal to be taken beyond the limits of the City, unless
so authorized by the City Administrator or his/her designate, until
the period of confinement and observation herein required is completed.
The owner or keeper of such animal involved in an incident shall be
liable for the cost of confinement and observation. The death or any
suspicious change in the health or behavior of any such animal undergoing
observation shall be reported as soon as possible by the observing
authority to the City Administrator or his/her designate. The City
Administrator or Chief of Police is hereby authorized to authorize
confinement other than described above as he/she finds medically appropriate,
providing such animal will be controlled and observed in accordance
with the owner's signed or verbal agreement, but only if such animal
has been vaccinated for rabies within the past twelve (12) months
and is duly licensed as provided by this Chapter. Unless determined
otherwise by the City Administrator or Chief of Police, exceptions
to the aforesaid confinement may be granted in the following cases:
1.
Where a female animal is nursing unweaned offspring.
2.
If the investigating Police Officer determines both:
a.
That the incident occurred while the animal involved was confined
and legally kept upon the property of the owner; and
b.
That the person injured was upon the property without the express
or implied consent of the owner and was not there performing functions
of a job. However, if the person injured in an incident or his/her
parent or guardian, in the case of a minor, desires that the animal
be impounded (even though an exception to impoundment has been granted
as aforesaid) and agrees in writing to pay for its board during the
period of confinement, it shall be impounded in the manner and for
the period specified earlier, unless determined otherwise by the City
Administrator or Chief of Police upon review of the facts and circumstances
of the incident.
[R.O. 2013 § 200.400; Ord. No.
KK432 § 200.40, 12-10-1990]
A.
If any dangerous, fierce, or vicious dog, cat or other animal believed involved in an incident (as the term "incident" is used in Sections 205.360 and 205.370) cannot be safely captured or prevented from escaping by usual means, such animal may be slain by a Police Officer if such is the officer's belief. In all cases where such animal may have exposed a person to rabies and is slain before the completion of the observation period stipulated for the species by the City Administrator or his/her designate, it shall be the duty of any person slaying such animal to forthwith deliver or cause to be delivered all the remains of such animal to the Chief of Police. A departure from this procedure must be requested of and authorized by the City Administrator or his/her designate.
B.
For the purpose of disease or injury control, the Chief of Police
is hereby empowered to impound and observe pets in transit through
Lawson, Missouri, at the request of any official animal control agency,
health officer, or law enforcement agency of another jurisdiction.
A.
MIGRATORY WATERFOWL
Definition. As used in this Section, the following term shall have
the prescribed meaning:
Any species of birds, not otherwise defined as a domesticated
animal, commonly known as "swans," "geese," "ducks," and any other
waterfowl falling under the jurisdiction of the Missouri Conservation
Commission or otherwise defined by the Commission as migratory waterfowl.
B.
It shall be unlawful for any person to feed any migratory waterfowl.
Violation of this Section shall be punishable as an ordinance violation.
A.
For the purpose of controlling Canadian Goose populations deemed
as pest animals within the City of Lawson,1 the Chief of Police is
hereby authorized to conduct hunts on City properties and on private
properties with written consent of the owners of said land.
B.
Any person participating in said hunt shall be approved and permitted
by the Chief of Police, who shall have sole discretion in selecting
participants. All participants shall, at their own expense, secure
a goose hunting permit from the Missouri Department of Conservation
and sign a release and indemnification agreement holding the City
of Lawson safe and harmless from any liability for any damages to
or caused by the participant.
C.
Participants shall follow all regulations imposed by Missouri statute
and the Missouri Department of Conservation.
D.
For purposes of this specific Section, ordinances prohibiting hunting
or discharging a firearm within City limits shall be waived for authorized
participants.
[R.O. 2013 § 200.420; Ord. No.
KK432 § 200.42, 12-10-1990; Ord. No. 12-2-16 § XVIII, 12-19-2016]
Any person violating any provision of this Chapter shall be deemed guilty of an ordinance violation, and upon conviction of any such violations, shall be punished as set forth in Section 100.220.
[R.O. 2013 § 200.430; Ord. No.
KK432 § 200.43, 12-10-1990]
A.
Guard Dogs. Any guard dog (for the purposes of this Chapter, here
defined as a dog not owned by a government unit, which dog is used
to guard public or private property) used in the City by virtue of
such use is hereby declared to be subject to the license requirements
of this Chapter; must be vaccinated against rabies by a licensed veterinarian;
must, if brought into the City from without the State of Missouri,
be accompanied by the official health certificate required by the
Code of State Regulations at 2 CSR 30-2.10(8), which certificate shall
be exhibited upon the request of any Police Officer; must be controllable
by its keeper and must not be used in a manner which, as determined
by the Chief of Police, endangers individuals not on the premises
guarded. Any person operating a guard dog service in the City shall
register such business with the Chief of Police and shall list all
premises to be guarded with the Chief of Police before such service
begins.
B.
In addition to all other requirements of this Chapter, each guard
dog shall at all times while being used as a guard dog wear a collar
bearing a bright red two-inch diameter disc to warn the public. The
City Administrator or his/her designee shall sell such disc for one
dollar ($1.00) each or the owner or keeper of each such dog may supply
and use a disc of similar appearance subject to such being determined
to be similar in appearance and durability by the City Administrator.
Guard dogs shall be effectively restrained to prevent escape when
in transit and while being loaded and unloaded at the premises guarded.
[R.O. 2013 § 200.440; Ord. No.
KK432 § 200.44, 12-10-1990]
Whenever any animal is found confined in a motor vehicle in a public place under weather conditions that endanger its life as determined by any Lawson Police Officer, the Police Officer is hereby authorized, to enter such vehicle and rescue such animal and thereafter impound it in accordance with Section 205.290. A prominent written notice shall be left on or in the vehicle advising that the animal has been removed under the authority of this Section and impounded in accordance with Section 205.290 at the Municipal Animal Shelter.
[R.O. 2013 § 200.450; Ord. No.
KK432 § 200.45, 12-10-1990]
A.
Male and neutered female dogs: one dollar and twenty-five cents ($1.25).
B.
Unneutered female dogs: two dollar and twenty-five cents ($2.25).
C.
Male and neutered female cats: one dollar and twenty-five cents ($1.25).
D.
Unneutered female cats: two dollar and twenty-five cents ($2.25).
E.
NOTE: After July of each year, a delinquent fee of one dollar fifty
cents ($1.50) will be assessed in addition to the license fee.
F.
Commercial riding stable/riding academy: seventy-five dollars ($75.00).
[Ord. No. 05-01-21, 5-24-2021]
A.
For the purpose of this Section, "animal kennel" shall be defined as any structure constructed or maintained for the purpose of harboring, raising, or providing care for more than four (4) or more animals in accordance with Section 205.230.
B.
It shall be unlawful for any person to construct, maintain, possess, or operate an animal kennel on any residential property within the City of Lawson. Animal kennels that have been maintained prior to the passage of this Section shall be lawful only if the owner and/or operator of the kennel maintains an annual kennel permit as required by Section 205.160.
C.
Animal
kennels may be constructed, maintained, possessed, or operated on
commercially zoned property but no kennel shall be constructed or
maintained within one hundred fifty (150) feet of any property line.
Kennels kept in this manner shall be authorized so long as the kennel
is reasonably necessary for the operation of a commercial animal establishment.
