[CC 1984 § 38.010; Ord. No. 2003-100, 1-1-2003]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
As applied to animals, shall mean that any animal shall be
deemed to be at large when it is off the premises of its owner's real
property and not restrained by a competent person.
All domestic species or varieties of the genus Felis, male
or female, above the age of four (4) months.
A certificate issued under the County Rabies Control Code
at the time of the vaccination of a dog, bearing thereon the signature
of the vaccinator, the registration number, the name, color, breed
and sex of the dog the name and address of the owner, the date of
the vaccination and the type of vaccine administered.
A human being who is capable of controlling and governing
the dog in question and to whose commands the dog is obedient.
The Municipal Division of the Adair County Circuit Court.
An animal declared dangerous in accordance with the provisions of Section 205.200 of this Code.
All domesticated members of the Canis familiaris, male or
female, four (4) months of age or older.
To put to death in a humane manner.
Any dog or cat, whether registered or vaccinated for rabies
or not, or other animal which has been bitten, been fighting with
or has consorted with an animal known or suspected to have rabies
or showing objective symptoms of rabies.
A dog not owned by a governmental unit, which dog is used
to guard public or private property.
The Department of Public Health of the County, the Commissioner
of Public Health of the County or any person or agent employed by
the County Health Commissioner to enforce the County Rabies Control
Code.
Those members of a family including servants and attendants
living in the same dwelling unit.
The apprehending, catching, trapping, netting, tranquilizing,
confining, or if necessary, the destruction of any animal by the Health
Commissioner or his agent, or by any employee or agent of the City.
Any premises designated by the Board for the purpose of impounding
and caring for all animals in violation of this Chapter.
Any place or tract of land whether indoors or outdoors, whether
enclosed or not, in, at or upon which, whether for pleasure or profit,
dogs are kept, housed, bred, raised, fed, displayed, exhibited or
sold. The owner of six (6) or more dogs, whether owned for pleasure
or profit, breeding or exhibiting, shall be deemed to be the operator
of a dog kennel.
All domestic species or varieties of the genus Felis, male
or female under the age of four (4) months.
Any person who owns, harbors, shelters, keeps, controls,
manages, possesses, or has part interest in any dog, cat or kennel
in the City. The occupant of any premises on which a dog or cat remains
for a period of seven (7) days or to which it customarily returns
for a period of ten (10) days is presumed to be harboring, sheltering
or keeping the aforementioned dog or cat, within this definition.
Under no circumstances are the normal and ordinary accepted definitions
of the terms harboring, sheltering or keeping, to be limited to the
words of the aforementioned resumption. The parent or guardian of
a minor child is responsible for the adequate care of any animal owned
by, in the control of, or harbored by that minor child.
All domesticated members of the Canis familiaris, male or
female, under four (4) months of age.
As applied to dogs shall mean that a dog, off the premises
of its owner's real property, is under restraint when:
It is controlled by a line or leash not more than six (6) feet
in length, and such line or leash is held by a competent person;
At "heel" of a competent person;
Within a vehicle being driven, parked or stopped;
Not more than fifty (50) feet from a competent person, if such
dog is not annoying or worrying any human being or domestic animal,
trespassing on private property or in a public area where dogs or
cats are forbidden.
The injection by a veterinarian or his authorized agent of
a specified dose of antirabies vaccine into the body of a dog or cat.
Such vaccine shall have the U.S. Government license number approval
stamped on the label of the vaccine container and shall have been
approved by the Health Commissioner. Vaccine used for vaccination
of dogs or cats shall be stored and kept under conditions proper for
the vaccine and shall show no signs of spoilage or otherwise be unfit
for producing immunity against rabies.
The procedure of vaccinating for rabies and issuing an identification
number and an appropriate certificate under the County Rabies Control
Code. The above words shall be interchangeable.
Any veterinarian holding a current State license.
[CC 1984 § 38.010; Ord. No. 2003-100, 1-1-2003]
It shall be unlawful for the owner of any animal of the species
of horse, mule, ass, cattle, swine, sheep or goat to permit the same
to be within the City Limits of Novinger, Missouri, except as authorized
by the Board of Aldermen.
[CC 1984 § 38.030; Ord. No. 2003-100, 1-1-2003]
It is hereby made the duty of the Sheriff, the City or its designated
official, whenever he shall see or be notified that any animal of
the species heretofore mentioned, is in the City contrary to any of
the provisions of this Article, to take up and impound and safely
keep such animal, and if the owner be known to the Sheriff, the City
or its designated official he shall give notice of such impoundment,
either verbally or in writing, or if the owner of the animal impounded
is not known, the Sheriff, the City or its designated official shall
post written notices in four (4) public places in the City containing
a description of the animal impounded and the time and place such
animal was found to be in the City.
[CC 1984 § 38.040; Ord. No. 2003-100, 1-1-2003]
For each animal taken up and impounded by the Sheriff, the City
or its designated official, according to the provisions of this Article,
he shall be entitled to and collect from the owner, or from the person
entitled to the possession thereof, an amount as determined by the
Mayor and Board of Aldermen from time to time. The amount so collected
shall be turned over to the Treasurer, for the use of the City, and
in addition to the amount aforesaid, the Sheriff, the City or its
designated official shall collect from the owner, or the person entitled
to possession of such stock, an amount equal to the cost of caring
for, feeding and advertising such stock.
[CC 1984 § 38.050; Ord. No. 2003-100, 1-1-2003]
If the owner of any animal taken up and impounded under the
provisions of this Article be unknown after three (3) days of impoundment,
or if the person entitled to the possession of any animal taken up
under the provisions of this Article, shall not within three (3) days
after receiving notice as provided for in this Article redeem such
animal by paying all costs and penalties, the animal shall be sold
at public auction. After paying all costs for impoundment and care
of the animal, the balance from the sale, if any, shall be turned
over to the Treasurer to be deposited in the street fund of the City.
[CC 1984 § 38.060; Ord. No. 2003-100, 1-1-2003]
Animals taken up and impounded and which are not redeemed by
their owners or sold as provided in this Article may be released to
any responsible person upon his application or may be destroyed in
a humane manner.
[CC 1984 § 38.070; Ord. No. 2003-100, 1-1-2003; Ord. No. 2023-04-24, 4-24-2023]
A.
Up
to six (6) chicken hens may be kept for private and non-breeding use.
Roosters are prohibited.
B.
Chicken
hens must be securely constrained and enclosed in a suitable shelter
or enclosure surrounded by wire netting of other fence to prevent
their escape. Chicken hens are not allowed to roam freely.
C.
Chicken
hens shall be kept and maintained in a clean and wholesome manner
as follows:
1.
Any manure or other waste from the chicken hens shall be collected
and properly removed from the premises or tilled into the soil on
the premises promptly and regularly to prevent the spreading of offensive
smells and diseases.
2.
The owner of the premises and the tenant and custodian must properly
comply with orders of the City of Novinger in respect to any unsanitary
condition found to exist.
3.
The presence of numerous flies or the presence of fly larvae and
obnoxious odor in the vicinity of any such premises shall be evidence
of a lack of sanitary maintenance of the premises and shall constitute
a public nuisance.
4.
No other fowl is permitted in the City of Novinger.
[CC 1984 § 38.080; Ord. No. 2003-100, 1-1-2003]
A.
Every person owning or caring for any animal or fowl that has died
from any cause shall dispose of the body thereof within twenty-four
(24) hours of knowledge of such death, either to a person licensed
to dispose of or transport it, or by the owner or person entitled
to such body, causing the same to buried within that time upon his
own or any other lawfully available premises, and any such body shall
be buried to such a depth that no part thereof shall be nearer than
four (4) feet to the natural ground surface and every part of such
body shall be covered with at least four (4) feet of earth in addition
to any other materials that may be used for that purpose; provided,
that any person so owning or controlling any dead animal, that has
not died of a contagious disease, shall have to right to remove the
hide or skin thereof on his own premises before burying such body
as herein prescribed, but such skinning must be made in a manner that
will avoid the creation of any nuisance.
B.
If an animal or fowl be not in the possession or custody of any person
at the time of its death, or if its owner or person caring therefore
is not known, the carcass shall be removed by the Sheriff, the City
or its designated official.
[CC 1984 § 38.080; Ord. No. 2003-100, 1-1-2003]
It shall be unlawful for any person to keep, harbor or house
on his premises or on the premises of others, within the City, more
than a total of three (3) dogs, cats or combination thereof. Upon
the birth of a litter of young dogs, cats or other animals, it shall
be permissible under this Section that such litter may be kept together
with their mother until they reach the age of four (4) months. This
Section shall not apply to a duly licensed animal shelter.
[CC 1984 § 38.100; Ord. No. 2003-100, 1-1-2003]
A.
The Health Commissioner or other persons designated by him or such
other persons who may be designated by the Board shall have the power
to catch, confine and impound dogs and cats and other animals under
the following circumstances:
1.
All female dogs and cats not securely confined in an enclosed
place, while in heat;
2.
All dogs and cats and puppies and kittens which are at large;
3.
All dogs and cats or other animals infected or suspected of
being infected with rabies and all dogs and cats and other animals
exposed to or suspected of having been exposed to or infected with
rabies, including dogs and cats or other animals known to have been
bitten by a rabid animal, whether the dog and cat or other animal
to be impounded is running at large or on a leash or confined to its
owner's premises;
4.
All unconfined or unleashed animals or dogs and cats with vicious
propensities;
5.
Dogs and cats not vaccinated for rabies within the previous
twelve (12) months.
6.
Unconfined dogs and cats in quarantine areas;
7.
Dogs and cats or other animals which have bitten a person or
animal, dogs and cats which have been bitten by a dog or cat or animal
suspected of having rabies, dogs and cats which are suspected of having
rabies or, dogs and cats which have been exposed to rabies.
B.
No dog or cat shall be exempted from the provisions of Section 205.100(A)(3) through (7) by virtue of vaccination, tags or a vaccination registration certificate.
[CC 1984 § 38.110; Ord. No. 2003-100, 1-1-2003]
Dogs and cats or other animals impounded in accordance with
this Article shall be impounded in the Adair County Humane Shelter
or at such other location as may be designated by the Board.
[CC 1984 § 38.120; Ord. No. 2003-100, 1-1-2003]
A.
All dogs and cats shall be vaccinated before being released to the
owners. Dogs and cats that have been vaccinated before becoming impounded
shall be released to their owner upon payment of the shelter service
fee.
B.
All dogs and cats captured or impounded under this Article, determined
by the Health Commissioner or other officer not to be infected with
rabies, may be redeemed by the owner or other person having the right
of possession of such animal upon payment of the impoundment fee.
If the animal is not claimed in the manner provided in this Section
within five (5) days after its capture, such animal shall be disposed
of by euthanasia or sale or adoption. Before release by such adoption
or sale, the adopter or buyer shall have the dog or cat vaccinated
and pay the shelter service fee provided herein.
[CC 1984 § 38.130; Ord. No. 2003-100, 1-1-2003]
Any animal which does not exhibit a current vaccination registration
tag and which reveals the symptoms of any disease or injury, clearly
not those of rabies, as determined by the County Health Department
or by any such person as may be designated by the Board, may be subjected
to disposal by euthanasia at the earliest possible time.
[CC 1984 § 38.140; Ord. No. 2003-100, 1-1-2003]
A.
Fines. Any person charged with the violation of Sections 205.070, 205.090, 205.150, 205.160, 205.200 through 205.220, 205.230 through 205.270;
1.
First offense: fifty dollars ($50.00).
2.
Second offense within twelve (12) months: one hundred dollars
($100.00).
3.
Third or additional violation of any combination of the above-listed
Sections within one (1) consecutive twenty-four-month period shall
be proceeded against in the Municipal Court and upon conviction shall
be fined two hundred dollars ($200.00).
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, RSMo., 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.
