[R.O. 2012 §205.130; Ord. No. 659 Art. II §1, 10-3-2001; Ord. No. 824 Art. II § 1, 12-20-2016]
A.
ADEQUATE CARE
ADEQUATE CONTROL
ANIMAL
It shall be a municipal ordinance violation not to adequately care
for animals in a person's charge. For purposes of this article,
the following definitions shall apply:
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 animals.
To reasonably restrain or govern an animal so that the animal
does not injure itself, any person or any other animal or property.
Every living vertebrate except a human being.
B.
Animal Neglect. 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, including, but not limited to,
knowingly abandoning an animal in any place without making provisions
for its adequate care which results in substantial harm to the animal.
C.
Animal Abuse. 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.
D.
Responsibility of Parent or Guardian of Minor Owning. 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.
[R.O. 2012 §205.140; Ord. No. 659 Art. II §2, 10-3-2001; Ord. No. 824 Art. II § 2, 12-20-2016]
A.
Any duly authorized public health official, Law Enforcement Official,
or Animal Control Officer may impound any animal found outside of
the owned or rented property of the owner or custodian of such animal
when such animal shows evidence of neglect or abuse. Any animal impounded
pursuant to this Section shall be:
1.
If the owner can be ascertained and the animal is not diseased
beyond recovery for any useful purpose, held for recovery by the owner.
The owner shall be notified within five (5) business days of impoundment
by phone or by mail of the animal's location and recovery procedures.
The animal shall be held for ten (10) business days. An animal unclaimed
after ten (10) business days may be put up for adoption or humanely
killed;
2.
Placed in the care or custody of a veterinarian, the appropriate
animal control authority or animal shelter. The animal shall not be
disposed of, unless diseased or disabled beyond recovery for any useful
purpose, until after expiration of a minimum of five (5) business
days, during which time the public shall have clear access to inspect
or recover the animal through time periods ordinarily accepted as
usual business hours. After five (5) business days, the animal may
be put up for adoption or humanely killed; or
3.
If diseased or disabled beyond recovery for any useful purpose
as determined by a public health official, Law Enforcement Official,
veterinarian or Animal Control Officer, humanely killed.
B.
The owner or custodian of any animal impounded pursuant to this Section
shall be liable for all costs associated with the care and maintenance
of the animal. Any person incurring reasonable costs for the care
and maintenance of such animal shall have a lien against such animal
until the reasonable costs have been paid and may put up for adoption
or humanely kill any animal if such costs are not paid within ten
(10) days after demand. Any moneys received for an animal adopted
pursuant to this Subsection in excess of cost shall be paid to the
owner of such animal.
[R.O. 2012 §205.150; Ord. No. 659 Art. II §3, 10-3-2001; Ord. No. 824 Art. II § 3, 12-20-2016]
A.
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 Section 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 animal
or 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.
B.
The owner or custodian or any person claiming an interest in any
animal that has been impounded because of neglect or abuse may prevent
disposition of the animal by posting bond or security in an amount
sufficient to provide for the animal's care and keeping for at
least thirty (30) days, inclusive of the date on which the animal
was taken into custody. Notwithstanding the fact that bond may be
posted pursuant to this Subsection, the authority having custody of
the animal may humanely dispose of the animal at the end of the time
for which expenses are covered by the bond or security, unless there
is a court order prohibiting such disposition. Such order shall provide
for a bond or other security in the amount necessary to protect the
authority having custody of the animal from any cost of the care,
keeping or disposal of the animal. The authority taking custody of
an animal shall give notice of the provisions of this Section by posting
a copy of this Section at the place where the animal was taken up
into custody or by delivering it to a person residing on the property.
C.
The owner or custodian of any animal humanely killed pursuant to
this Section shall not be entitled to recover any damages related
to nor the actual value of the animal if the animal was found by a
licensed veterinarian to be diseased or disabled, or if the owner
or custodian failed to post bond or security for the care, keeping
and disposition of the animal after being notified of impoundment.
D.
The owner, keeper or harborer of an animal impounded under the provisions
of this Section shall be liable for the cost of the care and maintenance
of any animal impounded as a result of his/her actions.
[Ord. No. 824 Art. II § 4, 12-20-2016]
A.
The charge for care and impoundment of an animal within the City
shall be the actual charge for such care and boarding while such animal
was in confinement.
B.
Any portion of a twenty-four-hour period beginning when the animal
is impounded shall constitute a whole day for purposes of calculating
the fee for impoundment.
