The following words, when used in this Chapter, shall have the meanings set out herein:
- DOGS or CATS
- All animals of the canine or feline species, both male and female.
- OWNER or KEEPER
- 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/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/her.
- RUNNING AT LARGE
- Allowing a dog or cat to be off the private premises of the owner or keeper, or his/her agent or servant, and not on a leash or confined to the arms, motor vehicle, trailer or other conveyance of the owner or keeper, his/her agent or servant.
- SERIOUS PHYSICAL INJURY
- 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.
- UNRESTRAINED DOG
- 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.
- VICIOUS DOG
- Any of the following dogs:
- 1. 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.
- 2. 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.
- 3. 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.
- 4. Any dog that has killed another dog, cat or other domestic animal without provocation.
[R.O. 2011 § 210.025]
The owner or keeper of any dog or cat in the City of Owensville is hereby required to have such animals vaccinated against rabies by a licensed veterinarian and to procure a tag evidencing the vaccination in addition to a certificate of such vaccination from the veterinarian. The owner or keeper shall securely attach the tag so issued to a collar to be worn continuously by the animal for which the tag was issued. It shall be unlawful for the owner or keeper of any dog or cat to permit such animal to remain in the City of Owensville unless wearing the tag above provided for herein.
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 Owensville at any time. Any dog or cat found running at large shall be impounded.
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.
It shall be unlawful to own, keep or harbor a vicious dog in the City of Owensville except in accordance with the following provisions:
Leash And Muzzle. No person shall permit a vicious dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a vicious dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts or buildings. In addition, any vicious dog on a leash outside its kennel or pen must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine vicious dogs must be locked with a key or combination lock when such dogs are within the structure. Said structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be imbedded in the ground no less than two (2) feet. Also, such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
Confinement Indoors. No vicious dog may be kept on a porch, patio or any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
Signs. All owners, keepers or harborers of vicious dogs within the City shall display in a prominent place on their premises a sign easily readable by the public using the words BEWARE OF DOG. In addition, a similar sign is required to be posted on the kennel or pen of such dog.
It shall be the duty of the Chief of Police, the City Police, and any other person of the City of Owensville, especially designated by the Board of Aldermen and the Mayor for such purpose, to take up any dog or cat running at large, or any vicious dog in violation of Section 205.040 above 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.
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 in plain public view at the City Hall of the City, 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.
The owner or keeper of any dog or cat impounded under this Chapter shall pay to the Chief of Police, Police Officer, 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.
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 205.070 of this Chapter. If, after the expiration of seven (7) days from the date of such impoundment, such dog or cat shall not have been reclaimed, the same shall be disposed of or destroyed in a humane manner.
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.
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:
The care and maintenance of neglected animals within the person's custody or ownership;
The disposal of any dead or diseased animals within the person's custody or ownership;
The reduction of resulting organic debris affecting the immediate area of the neglect; and
The avoidance or minimization of any public health risks created by the neglect of the animals.
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.
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 person commits the offense of animal abuse if he or she:
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.;
Purposely or intentionally causes injury or suffering to an animal; or
Having ownership or custody of an animal knowingly fails to provide adequate care which results in substantial harm to the animal.
A person commits the offense of knowingly releasing an animal if he or she, 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.
As used in this Section, "animal" means every living creature, domesticated or wild, but not including Homo sapiens.
The provisions of this Section shall not apply to a public servant acting in the course of such servant's official duties.
[R.O. 2011 § 210.110; R.O. 2010 § 210.065; Ord. No. 908 § 1, 8-7-2006]
It shall be unlawful for any individual to discard or deposit or allow any domesticated animal to deposit natural animal waste upon any property owned, managed or controlled by the City of Owensville or on private property which is designated for use by the general public.
Without limiting the generality of Subsection (A) above, this Section shall apply, but is not limited to, the following locations: parks, streets, sidewalks, parking lots, driveways, school yards, churches, sports fields or other locations frequented by the general public.
Violation of this Section shall be an infraction punishable by fine of up to two hundred dollars ($200.00).
The provisions of this Section shall not apply to a guide dog accompanying any blind person.
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 within 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, nonhuman 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.
[R.O. 2011 § 210.130; R.O. 2010 § 210.030; 2nd Ser. Ord. No. 426 § 2, 4-14-1994]
The following words, terms and phrases, when used in this Chapter and for the purposes of the City Zoning Regulations, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
- DOMESTIC LIVESTOCK
- Any animal which is normally considered domesticated but which is usually kept for purposes other than as a pet. This definition shall include but shall not be limited to cows, horses, pigs, chickens, goats and sheep.
The keeping of any domestic livestock in a prohibited zoning district shall be and is hereby declared a nuisance.
The keeping of domestic livestock in the Agricultural Zoning District shall be a permitted use.
[Ord. No. 1315, 12-2-2019]
[R.O. 2011 § 210.150; R.O. 2010 § 210.045; Ord. No. 1054 § 1, 5-17-2010]
It shall be awful for any individual to own or keep any public nuisance animal as defined in Subsection (B) herein.
- PUBLIC NUISANCE ANIMAL
- Any animal or animals that unreasonably annoy humans, endanger the life or health of other animals or persons or substantially interfere with the rights of citizens, other than their owners, to the enjoyment of life or property. The term "public nuisance animal" shall mean and include, but is not limited to, any animal that:
- 1. Is found at large off the premises of the owner;
- 2. Damages the property of anyone other than its owners;
- 3. Molests or intimidates pedestrians or passersby;
- 4. Chases vehicles;
- 5. Excessively makes disturbing noises, including, but not limited to, continued repeated howling, barking, whining or other utterances, causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
- 6. Causes fouling of the air by odor and thereby creates unreasonably annoyance or discomfort to neighbors and others in close proximity to the premises where the animal is kept or harbored;
- 7. Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;
- 8. Is offensive or potentially dangerous to the public health, safety or welfare by virtue of the number and/or types of animals maintained;
- 9. Attacks other domestic animals.
An individual who violates any provision of this Section shall be punishable as provided in this Code and Missouri law; however, a fine imposed for the first such violation shall not be less than fifty dollars ($50.00). Subsequent or continued violations may, in addition, also subject the owner to impoundment of the animal by a person having authority to impound such animal under Chapter 205 of the Owensville City Code.
At no time shall the claim of non-ownership alone be a defense to any part or subpart of this Section.
[R.O. 2011 § 210.160; R.O. 2010 § 210.100; 2nd Ser. Ord. No. 426 § 2, 4-14-1994]
In the case of dogs known to have been bitten by a rabid animal, the following rules shall apply:
In the case of dogs which are not vaccinated and which have been bitten by a known rabid animal, the bitten or exposed dog should be immediately destroyed.
If the owner is unwilling to destroy the bitten or exposed animal, strict isolation of the animal in a kennel under veterinary supervision for a minimum of ten (10) days shall be enforced.
The dog shall be re-vaccinated and confined for a period of thirty (30) days following revaccination.
If the dog is not immediately revaccinated, the dog shall be confined in strict isolation in a kennel for ten (10) days under the supervision of a veterinarian.
[R.O. 2011 § 210.170; Ord. No. 1185 §§ 1 — 2, 7-7-2014]
Any dog, cat or other animal captured or impounded under the provisions of this Code of Ordinances, determined not to be infected with rabies, may, within one (1) week of the impoundment of such animal, be redeemed by the owner or other person having the right of possession of such animal upon the presentation of a proper vaccination certificate and upon the payment to the City of the following fees: