[Ord. No. 274, 7-6-2020]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
An animal is abandoned if its owner fails to provide such
animal with the essential requirements for food, water, shelter and
safety for a period of three (3) days.
Every living creature, domesticated or wild, but not including
Homo sapiens.
A person designated by the Mayor and Board of Aldermen for
the City of Wayland to enforce the animal control ordinances of the
City.
The City of Wayland Missouri.
Any owner or keeper of any dog, cat or other animal capable
of physically restraining as necessary any dog, cat or other animal
in their care. The animal in their care must be immediately responsive
to their commands to heel.
All animals of the canine or feline species, both male and
female.
To apprehend, catch, trap, net, snare, dart or, if necessary
in the opinion of the Animal Control Officer or Police Officer due
to an emergency situation, euthanize any animal by an Animal Control
Officer, Police Officer or other authority authorized by the Mayor
or Board of Aldermen for the City of Wayland.
The keeping or harboring of a combined total of five (5)
or more adult dogs or cats over the age of six (6) months for business
or commercial purposes. For purposes of this Subsection, "business
or commercial purposes" shall include, but not be limited to, the
purchase, sale or trade of dogs, cats or other animal or keeping dogs,
cats or other animals for breeding or exhibition purposes.
Any person having a right of property in a dog or cat, or
who keeps or harbors a dog or cat, or who has it in his or her care,
or acts as its custodian, or who knowingly permits a dog or cat to
remain on or about any premises owned or occupied by him or her.
Any premises designated by action of the Board of Aldermen
for the City of Wayland for the purpose of impounding and caring for
all animals found running at large or taken into care by the Animal
Control Officer for violations of this Chapter.
Any animal or animals that unreasonably annoy humans, endanger
the life or health of people, or substantially interfere 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:
A dog, cat or other animal which is within a secure, fully
enclosed or fenced area; under the hand-held leash, not to exceed
(10) feet, at "heel" of a competent person; secured by a chain or
cable sufficient to prevent the dog being at large; within a vehicle
capable of preventing the dog, cat or other animal's escape; or secured
by leash or other means on a vehicle such as the open bed of a truck,
such that the dog, cat or other animal cannot reach the edge of any
of the sides of the vehicle. However, a dog may be considered under
restraint if it is on its owner's property and the owner is present
with the dog and the animal is responsive to commands.
Allowing a dog or cat to be off the premises of the owner
or keeper or his/her agent or servant and not on a leash controlled
by a competent person or confined to the arms, motor vehicle, trailer
or other conveyance of the owner or keeper or a competent person.
Physical injury that creates a substantial risk of death
or that causes serious disfigurement or protracted loss or impairment
of the function of any part of the body.
A person upon the premises of the owner or keeper of the
dog in question without license or privilege to be upon said premises.
Any dog running at large, or a dog on the premises of its
owner or keeper but not confined to said premises by a leash, fence,
structure or other means, that would prevent the dog from leaving
such premises.
Any of the following dogs:
Any dog, whether or not running at large, and whether or not
unrestrained, that, without provocation, has bitten any person not
a trespasser causing serious physical injury to that person.
Any unrestrained dog, whether or not running at large, that
without provocation has attempted to bite any person not a trespasser
which would cause serious physical injury to that person.
Any unrestrained dog, whether or not running at large, that
without provocation has placed any person not a trespasser in apprehension
of immediate serious physical injury.
Any dog that has killed another dog, cat or other domestic animal
without provocation, except that any dog killing fowl with or without
provocation shall not be held construed to be a vicious dog.
[Ord. No. 274, 7-6-2020]
A.
The owner or keeper of any dog or cat in the City of Wayland is hereby
required to have such animals vaccinated against rabies by a licensed
veterinarian and to procure a certificate of such vaccination from
the veterinarian and to present such certificate to the City Clerk
on or before May first of each year; and the City Clerk shall register
such certificate, which registration shall remain in force until April
30 the next year following said registration; and upon registration,
the City Clerk shall issue a tag evidencing the registration and certificate
of vaccination, and the owner or keeper shall securely attach the
tag so issued to collar to be worn continuously by the animal for
which the tag was issued.
B.
All tags will cost five dollars ($5.00) per tag.
C.
It shall be unlawful for the owner or keeper of any dog or cat to
permit such animal to remain in the City of Wayland unless wearing
the tag above provided for in this Section.
[Ord. No. 274, 7-6-2020]
It shall be unlawful for the owner or keeper of any dog or cat
to permit the same to run at large within the City of Wayland at any
time. Any dog or cat found without the tag provided and any dog or
cat found running at large shall be impounded.
[Ord. No. 274, 7-6-2020]
It shall be unlawful for the owner or person in control, of
any animal to fail to exercise the proper care and control of his
animal so as to prevent such animal from becoming a public nuisance
animal. Any public nuisance animal shall be impounded.
[Ord. No. 274, 7-6-2020]
A.
It shall be unlawful for the owner or keeper of any dog or cat to
permit such dog or cat to defecate on any public property or right-of-way,
or on any private property other that property owned or leased by
the person owning or keeping such dog or cat, subject to the following
provisions:
1.
It is a specific defense to a charge of violating this Section
that the person owning or keeping such dog or cat immediately removed
the animal waste and properly disposed of it in a sanitary manner.
2.
It is a specific defense to a charge of violating this Section
that the animal involved is a certified working animal trained to
assist disabled individuals and that the person owning or keeping
such animal has a disability which prevents the person from removing
the animal waste and properly disposing of it in a sanitary manner.
[Ord. No. 274, 7-6-2020]
A.
It shall be unlawful to own, keep, harbor or in any way possess within
the City limits of the City of Wayland, Missouri, any vicious dog,
or any dog that while previously not meeting the definition of being
a vicious dog, has by is subsequent behavior, become a vicious dog.
B.
Violations and Penalties. Any person violating or permitting the
violation of any provision of this Section shall upon conviction in
Municipal Court be fined a sum not more than five hundred dollars
($500.00). In addition to the fine imposed, the dog must be removed
from the City limits of the City of Wayland, Missouri. Should the
defendant refuse to remove the dog from the City limits of the City
of Wayland, Missouri, the Municipal Court Judge shall find the defendant
in contempt and order the immediate confiscation and impoundment of
the animal. Each day that a violation of this Section continues shall
be deemed a separate offense. In addition to the foregoing penalties,
any person who violates this Section shall pay all expenses, including
shelter, food, handling, veterinary care and testimony necessitated
by the enforcement of this Section.
[Ord. No. 274, 7-6-2020]
A.
If a written complaint is filed with the Animal Control Officer or a Police Officer alleging that a dog is vicious dog as defined in Section 205.010, a written notice shall be issued to the owner or possessor of said dog, that said dog shall be designated as a vicious dog, subject to the provisions of Section 205.060, and advising the owner or possessor of said dog that the owner or possessor of said dog has five (5) days from such notice to request, in writing a hearing before the Vicious Dog Board to appeal such classification as a vicious dog. The Vicious Dog Board shall consist of the Mayor and the Board of Aldermen. The written request for hearing shall be filed in the office of City Clerk. If a written request for hearing is not timely filed, the dog that is the subject of the complaint shall be deemed a vicious dog and said dog and its owner or possessor shall be subject to the provisions of Section 205.060.
B.
Upon the filing of such written complaint as provided herein, said
dog shall be impounded.
C.
The Vicious Dog Board shall hold a hearing within seven (7) days of the filing of a written request for hearing to determine whether or not said dog is a vicious dog as defined in Section 205.010. Testimony of the person or persons filing such complaint, the owner or possessor of such dog, and any other person or witness possessing pertinent information shall be permitted at such hearing.
E.
The Vicious Dog Board shall issue a written finding within five (5)
days after the hearing.
F.
The decision of the Vicious Dog Board shall be effective immediately.
The owner or possessor of said dog shall be entitled to judicial review
of such decision, as provided in Section 536.100 to Section 536.140,
RSMo. Proceedings for review may be instituted by filing a petition
in the Circuit Court of Clark County, Missouri, within thirty (30)
days after the mailing or delivery of the decision of the Vicious
Dog Board.
G.
Notwithstanding judicial review of the decision of Vicious Dog Board, said dog shall be impounded at the expense of the owner or possessor of said dog and not destroyed until ten (10) days after the judicial review becomes final, unless the owner or possessor complies with the requirements of Section 205.060.
[Ord. No. 274, 7-6-2020]
A.
Any animal which attacks, bites or injures a human being or other
domestic animal without adequate provocation, shall be taken up and
impounded by a Police Officer or Animal Control Officer at a location
so designated by the City or a licensed veterinarian designated by
the City, for a period of ten (10) days, the expense thereof, to be
borne by the owner of such animal.
B.
If within such period of ten (10) days the animal develops symptoms
of rabies, then it shall be euthanized in a humane manner by a licensed
veterinarian using a method acceptable to the American Veterinary
Medical Association.
C.
If the animal does not develop symptoms of rabies at the end of such
ten-day period then it may be returned to the owner upon payment of
boarding fees. The animal may be returned earlier if certified by
a licensed veterinarian to be free of rabies.
D.
If the owner does not claim the animal within seven (7) days after
the expiration of such ten-day period, it shall be disposed of as
provided for in this chapter.
E.
If, based on a public health or safety concern, the Police Department
or Animal Control Officer can show cause that any animal should not
be released pursuant to this Section, the municipal court may authorize
that the animal be held until an action or disposition in court authorizes
the animal's release, the animal's removal from the City limits, or
for the animal to be euthanized.
F.
If the City can show cause that the release of the animal would create
a continuing public health or safety hazard, the municipal court may
authorize that the animal be permanently removed from the City limits,
or euthanized in a humane manner by a licensed veterinarian.
[Ord. No. 274, 7-6-2020]
It shall be the duty of the Law Enforcement of the City, the City's Animal Control Officer, and any other person designated by the Board of Aldermen and the Mayor for each purpose, to take up any dog or cat without the tag provided in Section 205.020, any dog or cat running at large, any vicious dog in violation of Section 205.060, or any attacking, biting, or injuring animal in violation of Section 205.080 and to impound the same. In effecting the capture of any dog or cat, the officers aforesaid are authorized and directed to use traps, nets, tranquilizer guns or any other humane method.
[Ord. No. 274, 7-6-2020]
Cost of feeding and keeping dogs or cats impounded shall be
paid from the City Treasury.
[Ord. No. 274, 7-6-2020]
Every officer impounding a dog or cat under this Chapter shall,
within twenty-four (24) hours after such impounding, enter upon a
registry open to the public, and available to view at the City Hall,
a description of such dog or cat, including breed, color, and approximate
size, and the date apprehended, and if the owner or keeper is known,
the name and address of such owner or keeper; or the owner or keeper
shall be given actual notice of the impoundment of such dog or cat
before disposition of such dog or cat.
[Ord. No. 274, 7-6-2020]
The owner or keeper of any dog or cat impounded under this Chapter
may reclaim the same by paying to the City Clerk, or other official
especially designated to receive the same, a sum sufficient to reimburse
the City for its costs in impounding such dog or cat and keeping it
impounded.
[Ord. No. 274, 7-6-2020]
A.
It shall be the duty of any officer impounding any dog or cat under this Chapter to keep the same impounded for a period of seven (7) days, unless such dog or cat shall be reclaimed by his/her owner or keeper under Section 205.120 of this Chapter. If the animal is not redeemed by the owner with seven (7) days after impoundment, the animal may be disposed of as follows:
1.
Euthanasia, using a method acceptable to the American Veterinary
Medical Association; or
2.
Release for adoption by a new owner who shows evidence of ability
and intention to provide the animal with an appropriate home and humane
care; provided, that, no unspayed female dog or cat shall be released
for adoption unless the spaying fee has been paid and a certificate
issued by a licensed veterinarian certifying that the fee has been
paid and that the dog or cat will be brought in for spaying within
five (5) days, or if too young that it will be brought in for spaying
at the age of six (6) months.
[Ord. No. 274, 7-6-2020]
Any animal not claimed within the seven-day waiting period may
be adopted. The new owner must pay any fees due, license the animal
and have the animal spayed and neutered at their expense.
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.
[Ord. No. 274, 7-6-2020]
A.
A person commits the offense of knowingly releasing an animal if
that person, 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.
The provisions of this section shall not apply to a public servant
acting in the course of such servant's official duties.
[Ord. No. 274, 7-6-2020]
Whenever rabies becomes prevalent in the City, the Mayor shall,
according to the necessity of the case, issue a quarantine order,
requiring every owner or person in charge of any dog or dogs with
the limits of the City, to either kill or impound his/her dog or dogs,
or to have such dog or dogs immunized. Said order shall be published
once in the paper officially publishing the business of the City and,
in the absence of such paper, shall be posted as in case of sales
of personal property. The Mayor is authorized, by proclamation, to
terminate any such quarantine whenever, in his/her judgment, the necessity
for it no longer exists.
A person commits the offense of keeping a dangerous wild animal
if he or she keeps any lion, tiger, leopard, ocelot, jaguar, cheetah,
margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena, wolf,
bear, non-human primate, coyote, any deadly, dangerous, or poisonous
reptile, or any deadly or dangerous reptile over eight (8) feet long,
in any place other than a properly maintained zoological park, circus,
scientific, or educational institution, research laboratory, veterinary
hospital, or animal refuge.
[Ord. No. 274, 7-6-2020]
It shall be the duty of the owner or keeper of any female dog
to safely shut up and keep from public view such animal while she
is in heat, and any person failing to comply with this Section shall
be deemed guilty of an ordinance violation.
[Ord. No. 274, 7-6-2020]
Any person owning or in possession or control of any animal
or bird who shall permit such animal or bird to make loud and unseemly
noises so as to disturb the peace or repose of any person shall be
guilty of an ordinance violation upon conviction.
[Ord. No. 274, 7-6-2020]
It shall be unlawful for any person at any time to keep, harbor
or own as pets more than a combined total of four (4) or more adult
dogs and cats. Any young produced by any adult dog or cat permitted
herein that causes the number exceed the four-animal limit may be
maintained with the parent animal for a period of up to ten (10) weeks
from the date of birth.
[Ord. No. 274, 7-6-2020]
It shall be unlawful for any person to allow more than one (1)
litter of dogs and cats, being held as pets, per household within
the City of Wayland, Missouri, in any twelve-month period.
[Ord. No. 274, 7-6-2020]
Every person who maintains an animal with in the City limits of Wayland, Missouri, must provide for each animal maintained a proper shelter which shall be a clean, sanitary shelter of sound construction with four (4) walls, a weatherproof floor and a weatherproof roof with an opening of sufficient size to allow ingress and egress for the animal to the inside of the shelter; the shelter must be of sufficient size for the animal to stand, turn around and lie down without touching the sides or top of the shelter. Any person who violates the terms of this Section shall be deemed guilty of an ordinance violation and may be subject to the immediate impoundment and forfeiture of the animal if so ordered by the Municipal Court and upon conviction shall be subject to a fine as provided for by in Section 205.270.
[Ord. No. 274, 7-6-2020]
A.
It shall be unlawful for any owner or keeper of any animal within
the City limits of Wayland, Missouri, to chain or tether any animal
on a chain or tether of less than fifteen (15) feet in length which
does not have swivels on both ends and be of such construction and
weight to allow the animal so chained or tethered to be able to move
freely on said chain or tether; no cables larger that one quarter
(1/4) inch, choke chains, choke collars, log chains or wire shall
be used as a chain or tether for any animal and all tethers and chains
must be mounted in such a manner as to be at a sufficient distance
for any object to prevent tangling of the chain or tether from extending
over an object or an edge that could result in strangulation of animal.
B.
Penalty. Any person who violates the terms of this Section shall be deemed guilty of an ordinance violation and may be subject to the immediate impoundment and forfeiture of the animal if so ordered by the Municipal Court and upon conviction shall be subject to a fine as provided for by Section 205.270.
[Ord. No. 274, 7-6-2020]
The City appointed Law Officer, any Police Officer or the City
Attorney for the City of Wayland, Missouri, may, for the purpose of
enforcing the provisions of this Chapter, seek a search warrant from
the Clark County Circuit Court, Municipal Division or other appropriate
court to enable Police Officers and Animal Control Officers to enter
private property in order to inspect, care for or impound abandoned,
vicious, neglected or abused animals or other animals found to be
in violation of this Chapter. The application for said search warrant
and the standard for issuance of it shall be made in conformity with
the provisions of Sections 542.276, RSMo., and Section 578.018, RSMo.
A person acting under the authority of a warrant issued by the court
shall not be liable for any necessary damage done to subject property
when acting under such warrant.
[Ord. No. 274, 7-6-2020]
[Ord. No. 146, 8-10-1977]
It shall be unlawful for any person to stake out or let run
at large livestock in the City of Wayland.
[Ord. No. 146, 8-10-1977]
It shall be unlawful for any person to keep, maintain or have
possession of any swarm of bees, bee-hive with bees therein.
[Ord. No. 146, 8-10-1977]
Anyone violating either provision of this Chapter is subject
to a fine of not less than ten dollars ($10.00) nor more than one
hundred dollars ($100.00) for each offense.
