[Ord. No. 2571 §2, 3-2-2015]
The intent of this Article is to require dog owners to comply
with the law and not merely to operate an impoundment program. Police
Officers and Animal Control Officers shall therefore place primary
emphasis upon apprehending and initiating prosecution of violations
of this Article.
[Ord. No. 2571 §2, 3-2-2015]
The provisions of this Article shall be enforced by the Department
of Police and by any Animal Control Officer of the City.
[Ord. No. 2571 §2, 3-2-2015]
[Ord. No. 2571 §2, 3-2-2015]
No person shall hinder, molest or interfere with any Police
Officer or Animal Control Officer in the performance of his or her
duties.
[Ord. No. 2571 §2, 3-2-2015; Ord.
No. 2667 § 1, 4-3-2017]
A.
A person is guilty of animal neglect when he or she has custody or
ownership of an animal and fails to provide adequate care or knowingly
abandons an animal in any place without making provisions for its
adequate care.
B.
Animal neglect is an ordinance violation. For a first 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 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 finding of guilt of animal neglect may be waived
by the court, provided that 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.
C.
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.
[Ord. No. 2571 §2, 3-2-2015]
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.;
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.
[1]
Note — Under certain circumstances this offense can
be a felony under State law.
[Ord. No. 2571 §2, 3-2-2015]
If a person is adjudicated guilty of animal neglect or animal
abuse and the Municipal Court is satisfied that an animal owned or
controlled by such person would in the future be subject to such neglect
or abuse, such animal shall not be returned to or allowed to remain
with such person, but its disposition shall be determined by the Court.
[Ord. No. 2571 §2, 3-2-2015]
The owner shall confine any female dog in heat within a building
in such a manner that the dog will not attract male dogs or be accessible
to other dogs except for planned breeding.
[Ord. No. 2571 §2, 3-2-2015]
No person shall own, keep or harbor any dog within the City
limits, whether licensed or not, which is believed to have vicious
propensities. Any vicious dog or dog with vicious propensities shall
be impounded as provided in this Article, and any person who shall
violate this Section by owning, keeping or harboring a vicious dog
shall be deemed guilty of an ordinance violation.
[Ord. No. 2571 §2, 3-2-2015]
Any dangerous or vicious dog or dog having dangerous or vicious
propensities and tendencies found at large after the owner thereof
has previous knowledge or notice that such dog is dangerous or vicious
or has dangerous or vicious propensities and tendencies will be contained
by any Police Officer of the City by whatever force is deemed necessary
to protect the public.
[Ord. No. 2571 §2, 3-2-2015]
A.
The following provisions shall affect the control of dogs within
the City of Higginsville, Missouri:
1.
Restraint. The owner shall keep his or her
dog under restraint at all times and shall not permit such dog to
be at large either on or off the premises or property of the owner,
unless under the restraint of a competent person;
2.
Howling, barking, yelping or fighting. Any
owner who permits his or her dog or dogs, while tied or penned, to
fight, howl, bark, yelp for a period of time so that such fighting,
howling, barking or yelping shall annoy or disturb any neighbor or
neighborhood shall be deemed to be guilty of disturbing the peace
of another and, upon conviction, shall be punished as provided in
this Code;
3.
Legal liability for a dog not under restraint. The owner of any dog who fails to keep his or her dog under restraint
shall be held liable for all damages caused by said dog;
4.
Handling of dogs when not under restraint. If
any dog is found running at large and cannot be safely taken up and
impounded, then any Police Officer is hereby authorized to use any
such force as may be necessary to capture said dog.
5.
Prosecution of owner when dog is at large. Whenever
a dog is at large, known to be owned, harbored, kept or fed at a certain
residence or by a certain family, then the head of such residence
or family, or any adult living there, is hereby declared to be the
owner of said dog and shall be charged with a violation of this Section
even though the dog is not captured.
[Ord. No. 2571 §2, 3-2-2015]
A.
Any person who:
1.
Owns, possesses, keeps or trains any dog with the intent that
such dog shall be engaged in an exhibition of fighting with another
dog;
2.
For amusement or gain, causes any dog to fight with another
dog, or causes any dogs to injure each other; or
3.
Permits any act as described in Subparagraph (1) or (2) of this
Subsection to be done on any premises under his or her charge or control,
4.
Any person who aids or abets in acts listed in Subparagraph
(1), (2) or (3) above.
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Is guilty of an offense.
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B.
Any person who is knowingly present, as a spectator, at any place, building, or structure where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in Subparagraph (2) of Subsection (A) of this Section, with the intent to be present at such exhibition, fighting, or injuring is guilty of an offense.
C.
Nothing in this Section shall be construed to prohibit:
1.
The use of dogs in the management of livestock by the owner
of such livestock or his or her employees or agents or other persons
in lawful custody of such livestock;
2.
The use of dogs in hunting; or
3.
The training of dogs or the use of equipment in the training
of dogs for any purpose not prohibited by law.
