Missouri
|
City of Clarkson Valley Missouri |
|
A. No person, owning or having charge of any bull, cat, cow, dog, goat, hog, horse, mule, sheep or any domesticated animal or wild fowl of any kind, shall allow the same to run at large within the City. Any animal shall be deemed to be running at large in violation of this Section, if such animal is not within an enclosed place on its owner's premises or other premises with the consent of the owner of such premises or securely tied on its owner's premises or other premises with the consent of the owner of such premises. However, animals securely tied or led by a leash of not more than six (6) feet and accompanied by and under the control and supervision of the owner or a competent keeper shall not constitute a violation of this Section.
B. In any prosecution charging a violation of this Section, proof that any animal or fowl was running at large in violation of this Section, together with proof that the defendant named in the complaint was, at the time described in the complaint, the owner or keeper of such animal or fowl, shall constitute a prima facie presumption that such owner or keeper was the person who permitted such animal or fowl to run at large. (CC 1990 §4-1; Ord. No. 91-1 §1, 1-3-91)
It shall be unlawful for any person owning or in control of any animal to permit or allow such animal to defecate upon property other than the property belonging to the person owning or in control of such animal unless such person shall remove immediately all feces so deposited by such animal. (CC 1990 §4-3)
No person shall keep, harbor, or house on his/her premises or on the premises of others, within the City, more than three (3) dogs or a combination of dogs and cats in excess of five (5); except, however, that upon the occasion of the birth of a litter of dogs, it shall be permissible under this Section that such litter may be kept together with their mother until they reach the age of six (6) months. (CC 1990 §4-4; Ord. No. 95-04 §2, 3-7-95)
No person shall keep, harbor or house on his/her premises or on the premises of others, within the City, more than three (3) cats or a combination of cats and dogs in excess of five (5); except, however, that upon the occasion of the birth of a litter of cats, it shall be permissible under this Section that such litter may be kept together with their mother until they reach the age of six (6) months. (CC 1990 §4-5; Ord. No. 95-04 §3, 3-7-95)
A. Definitions. As used in this Section, the following terms shall mean:
ADEQUATE CARE: Normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and health care as necessary to maintain good health in a specific species of animal.B. Acts And Facilities To Which Section Does Not Apply. The provisions of this Section shall not apply to:ADEQUATE CONTROL: To reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal, or property.
ANIMAL: Every living vertebrate except a human being.
ANIMAL SHELTER: 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.
FARM ANIMAL: An animal raised on a farm or ranch and used or intended for use in farm or ranch production, or as food or fiber.
HARBOR: To feed or shelter an animal at the same location for three (3) or more consecutive days.
HUMANE KILLING: The destruction of an animal accomplished by a method approved by the American Veterinary Medical Association's Panel on Euthanasia (JAVMA 173:59-72, 1978); or more recent editions, but animals killed during the feeding of pet carnivores shall be considered humanely killed.
OWNER: In addition to its ordinary meaning, any person who keeps or harbors an animal or professes to be owning, keeping, or harboring an animal.
PESTS: Birds, rabbits, or rodents which damage property or have an adverse effect on the public health, but shall not include any endangered species listed by the United States Department of the Interior nor any endangered species listed in the Wildlife Code of Missouri.
1. Care or treatment performed by a licensed veterinarian within the provisions of Chapter 340, RSMo.;C. Responsibility Of Parent Or Guardian Of Minor. 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. (CC 1990 §4-6)2. Bona fide scientific experiments;
3. Hunting, fishing, or trapping as allowed by Revised Statutes of Missouri, Chapter 252, including all practices and privileges as allowed under the Missouri Wildlife Code;
4. Facilities and publicly funded zoological parks currently in compliance with the Federal "Animal Welfare Act" as amended;
5. Rodeo practices currently accepted by the Professional Rodeo Cowboy's Association;
6. The killing of an animal by the owner thereof, the agent of such owner, or by a veterinarian at the request of the owner thereof;
7. The lawful, humane killing of an animal by an Animal Control Officer, the operator of an animal shelter, a veterinarian, or law enforcement or health official;
8. With respect to farm animals, normal or accepted practices of animal husbandry;
9. The killing of an animal by any person at any time if such animal is outside of the owned or rented property of the owner or custodian of such animal and the animal is injuring any person or farm animal but shall not include police or guard dogs while working;
10. The killing of house or garden pests; or
11. Field trials, training and hunting practices as accepted by the Professional Houndsmen of Missouri.
A. A person is guilty of animal neglect when he/she has custody or ownership or both of an animal and fails to provide adequate care or adequate control which results in substantial harm to the animal.
B. A person is guilty of animal abandonment when he/she has knowingly abandoned an animal in any place without making provisions for its adequate care.
C. Animal neglect or animal abandonment are ordinance violations. For a first (1st) offense of either violation, a term of imprisonment, not to exceed fifteen (15) days or a fine, not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. For a second (2nd) or subsequent violation of either offense, a term of imprisonment, not to exceed ninety (90) days or a fine, not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. All fines and penalties for a first (1st) conviction of animal neglect or animal abandonment may be waived by the court provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned animals may not be waived.
D. In addition to any other penalty imposed by this Section, the court may order a person found guilty of animal neglect or animal abandonment to pay all reasonable costs and expenses necessary for:
1. The care and maintenance of neglected or abandoned 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 or abandonment; and
4. The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.
A. A person is guilty of animal abuse when a person:
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.;B. For purposes of this Section, "animal" shall be defined as a mammal.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 or adequate control.
Note-Under certain circumstances this offense can be a felony under state law.
It shall be unlawful for any owner or keeper to permit any carcass of a dead animal to remain unburied for a period exceeding twenty-four (24) hours after death unless it is affected with rabies covered by the provisions of Section 205.220. (CC 1990 §4-7)
A. The Police Department or other agency shall have the power to catch, confine and impound dogs and other animals as follows:
1. All animals running at large, whether inoculated for rabies or not.2. All animals affected with rabies and all animals suspected by him/her to be exposed to or affected with rabies, including animals known or suspected to have been bitten by a rabid animal, whether such animal is running at large or not.
3. All animals which have a tendency to injure persons whether in play or in anger.
B. All animals impounded in accordance with this Section shall be impounded under the supervision of and in a manner satisfactory to the City. (CC 1990 §4-8)
Any animal captured or impounded and determined not to be affected with rabies, may be redeemed by the owner or other person having the right of possession of such animal upon the presentation of a proper identification and upon payment of a redemption fee equal to the cost of impoundment by the City. If the animal is not redeemed in the manner provided herein in five (5) days after his/her capture, such animal shall be disposed of in a humane manner, except that such animal may be redeemed by any person before its disposal upon paying the redemption fee provided herein. (CC 1990 §4-9)
No person shall keep, harbor or maintain any animal, which such person knows or should, in the exercise of ordinary care, know to be an animal which has a tendency to injure persons whether in play or in anger unless such animal shall be kept securely restricted to an area within such person's house, garage or fenced-in area, where fences are permitted, and then only after adequate warning thereof is given to all persons who might come near such animal. (CC 1990 §4-10)
No person shall keep any bull, calf, cow, donkey, goat, hog, horse, mule, sheep or domestic fowl within or under any building used for human habitation within this City. (CC 1990 §4-11)
No person shall keep or maintain any non-domestic animals within the City. The term "non-domestic animals" shall include all felines (other than the domestic house cat), nonhuman primates, bears, wolves, coyotes, foxes, venomous reptiles, constrictor reptiles over ten (10) feet in length, and any crossbreed of such animals which have similar characteristics of the animals specified herein. (CC 1990 §4-12)
It shall be unlawful for any person owning or having charge of any horse, mule, jennet, bull, cow, sheep, hog, goat, dog, cat, chicken or goose or any domesticated or wild fowl of any kind, even though the same may be kept penned and confined within the City, to allow or permit the same to give forth or cause any loud or unusual noises or to cause any ill-smelling, nauseous or obnoxious odors, to the annoyance of others; provided that, if such person owning or having charge of any such beast or fowl, so causing or creating any such noise or odor, shall cure, remedy and entirely alleviate such odor or noise within ten (10) days after the service of a notice so to do upon him/her by any member of the Department of Public Safety, then, in that event, no punishment shall be assessed or imposed against such person; but if such odor or noise is not cured, remedied and entirely alleviated within ten (10) days after the service of such notice, then such person shall be deemed guilty of a misdemeanor and each day such noise or odor exists after the expiration of ten (10) days from the service of such notice shall constitute a separate offense. (CC 1990 §4-13)
A. No commercial establishments for kennels shall be permitted anywhere in the City.
B. Nothing in this Section shall prevent a duly licensed veterinarian from performing or continuing to perform services to care for or treat diseased and injured animals. (CC 1990 §4-14)
A. No person shall conceal an animal or interfere with the Police Department or other agency in the performance of his/her legal duties.
B. Any duly authorized public health official or law enforcement official may seek a warrant from the appropriate court to enable him/her to enter private property in order to inspect, care for, or impound neglected or abused animals. All requests for such warrants shall be accompanied by an affidavit stating the probable cause to believe a violation of Sections 578.005 to 578.023, RSMo., has occurred. A person acting under the authority of a warrant shall:
1. Be given a disposition hearing before the court through which the warrant was issued, within thirty (30) days of the filing of the request for the purpose of granting immediate disposition of the animals impounded.2. Place impounded animals in the care or custody of a veterinarian, the appropriate animal control authority, or an animal shelter. If no appropriate veterinarian, animal control authority, or animal shelter is available, the animal shall not be impounded unless it is diseased or disabled beyond recovery for any useful purpose.
3. Humanely kill any animal impounded if it is determined by a licensed veterinarian that the animal is diseased or disabled beyond recovery for any useful purpose.
4. Not be liable for any necessary damage to property while acting under such warrant. (CC 1990 §4-15)
Whenever rabies becomes prevalent in any locality within the City the Health Commissioner shall recommend a quarantine. The Mayor may issue a quarantine order pursuant to such recommendation, and such order may contain any orders the Mayor deems necessary under Section 322.040, RSMo. (CC 1990 §4-36)
Every person who owns, controls, manages, possesses or has part interest in any dog, cat, monkey or any other animal subject to rabies, kept any time during the year or who permits such animal to come upon, on or in, and to remain in or about his/her home, place of business or other premises in the area affected by this Code shall have such animal inoculated against rabies, but such inoculation requirements shall not apply to animals less than four (4) months of age. Such animals must be inoculated at least once each year unless a three-year type vaccine is administered, in which case the animals shall be inoculated at least once every three (3) years. (CC 1990 §4-37)
It shall be the duty of any person bitten by any animal or the parent or guardian of any minor child bitten by an animal, and the owner of any animal who has reason to believe his/her animal has bitten anyone, to report the same immediately to the Police Department. Such report shall contain the name and address of the owner and of the animal, the name and address of the person bitten and the day and time bitten, the location where bitten, and a general description of the animal. The Police Department shall immediately take such animal into custody or have the same confined by the owner thereof for ten (10) days under the supervision of the Police Department, who shall examine or cause to be examined to determine whether such animal is affected with rabies. If the owner shall not confine such animal in a manner satisfactory to the Police Department such animal shall be forthwith surrendered to the Police Department. (CC 1990 §4-38)
It shall be the duty of every physician to report immediately to the Department of Public Safety which shall report to the Police Department, the full name, age, and address of any person under his/her care or observation who has been bitten by an animal. Every veterinarian treating or having under observation any such animal or any animal affected with rabies or suspected of being rabid, or suspected of having been exposed to rabies, shall report such animal, the owner's name and address and the license number, if available, to the Police Department. (CC 1990 §4-39)
No person having ownership, control, management or possession of any animal subject to rabies shall abandon such animal. (CC 1990 §4-40)
Any person destroying an animal affected with rabies or suspected of being affected with rabies shall immediately notify the Police Department and shall surrender the carcass of such animal upon demand. The owner or custodian of any such destroyed animal shall immediately provide the Police Department with full particulars thereof, including the time, date, location, and the names and addresses of any person bitten by such animal, and also the name and address of the owner or person having custody of any animal exposed to the animal destroyed. (CC 1990 §4-41)
The Police Department shall dispose of any animal affected with rabies, and he/she shall have the power to examine any animal bitten by or exposed to any animal affected with rabies or suspected of being rabid. He/she shall have the power to require the owners of such animals to take necessary measures to prevent owners of such animals to take necessary measures to prevent further spread of rabies and to dispose of any exposed animal if such necessary measures are not taken by the owners. (CC 1990 §4-42)