Editor's Note — Ord. no. 96-10 enacted a new animal control code as set out herein. Former ch. 215 derived from ord. no. 90-7 §§1 — 3, 7-10-1890.
[Ord. No. 96-10 §1, 2-1-1997; Ord. No. 2001-13 §1, 8-14-2001]
Whenever the following terms are used, each shall have the meaning respectively ascribed in this Section:
- Any dog, cat, domestic animal, dangerous animal, wild animal or other living reptile or non-plant creature.
- ANIMAL SHELTER
- The facility or facilities designated by the City of Lake Ozark or its authorized agents for purposes of impounding or caring for animals held under the authority of this Chapter or State law.
- COMMERCIAL ANIMAL ESTABLISHMENT
- Any pet shop, grooming shop, auction, riding school, stable, kennel, guard dog service, dog trainer or business keeping animals in stock for retail, wholesale, trade or any establishment performing one (1) or more of the principal activities of the aforementioned establishments.
- DANGEROUS ANIMALS
- The following animals are deemed to be dangerous animals per se:
- 1. All species of bears;
- 2. Leopards;
- 3. Lions;
- 4. All types of lynxes;
- 5. All types of panthers, including, but not limited to, cougars, pumas, jaguars, ocelots, cheetahs, margay, mountain lions, bobcats and hyenas;
- 6. Tigers;
- 7. All venomous snakes;
- 8. Alligators;
- 9. Crocodiles;
- 10. Caymans;
- 11. Chimpanzees;
- 12. Orangutans;
- 13. Any constrictor snake of over four (4) feet in length;
- 14. Foxes;
- 15. Wolves;
- 16. Coyotes;
- 17. All non-human primates.
- DOMESTIC ANIMAL
- Any animal which is domesticated as opposed to wild or free roaming, specifically including dogs.
- Any person who offers asylum, refuse or sanctuary to any animal on a basis so temporary as to not be deemed to be owning or keeping shall be deemed to be harboring.
- HUMANE OFFICER
- Any person employed by the City of Lake Ozark to enforce this Chapter.
- Any person, group of persons or corporation engaged in the commercial business of breeding, buying, selling or boarding dogs and/or any person who owns, harbors or keeps five (5) or more dogs at one time exclusive of a litter of newborn animals disposed of within two (2) months after birth.
- LARGE ANIMAL
- Any swine, bovine, goat, sheep, beast of burden or any other domestic or wild animal of similar or larger size.
- LICENSE TAG
- Any system or systems of animal identification approved by the Chief of Police which do not involve alterations or permanent marking of an animal.
- Any person, group of persons or corporation owning, keeping or maintaining any animal.
- OWNING, KEEPING OR MAINTAINING
- Any person who feeds or shelters any animal for three (3) or more consecutive days or who professes ownership of such animal shall be deemed to be owning or keeping.
- Any individual, group, partnership, corporation or other identifiable entity.
- PUBLIC NUISANCE
- Any animal (or group of animals which contains any animal) which:
- 1. Molests any passerby or chases passing vehicles including bicycles.
- 2. Attacks any other animal.
- 3. Is in heat or not properly restrained or confined as provided in this Chapter.
- 4. Is at large in violation of this Chapter.
- 5. Damages public or private property.
- 6. Barks, whines or howls in an excessive fashion which is hereby defined as continuous or untimely so as to disturb the peace of persons in the vicinity.
- 7. Is ridden on public property which obstructs or interferes with vehicular or pedestrian traffic.
- 8. Causes injury to people.
- 9. Threatens or causes a condition which endangers public health.
- 10. Impeded refuse collection by ripping any bag or tipping any container of such.
- An animal is under restraint if it is within a fully enclosed or fenced area or under leash of the owner, keeper, harborer or maintainer.
- SMALL ANIMAL
- Any animal not within the definition of large animal, but including all dogs with reference to size.
- SUPERVISOR OF ANIMAL CONTROL
- The use of this title throughout the Chapter shall mean the individual, group or business entity designated by the Board of Aldermen and the staff assigned to work under the direct control of the Supervisor of Animal Control so designated who may act through such staff to perform any duty under this Chapter, unless otherwise specifically stated.
- VETERINARY MEDICAL CARE FACILITY
- A facility which has the primary function of providing medical care for animals and is operated by a currently licensed veterinarian.
- WILD ANIMAL
- Any animal which is predominantly free roaming as opposed to domesticated.
[Ord. No. 96-10 §2, 2-1-1997]
The intent of this Chapter is to require animal owners, keepers, harborers or maintainers to comply with the ordinances of this City and not merely to operate an impoundment program. The enforcement of this Chapter shall therefore place primary emphasis upon apprehending and initiating prosecution of violators of this Chapter.
[Ord. No. 96-10 §3, 2-1-1997]
Except where otherwise provided, it shall be the duty of the Supervisor of Animal Control to administer and enforce the provisions of this Chapter directly or through staff supervised by said Supervisor of Animal Control.
[Ord. No. 96-10 §4, 2-1-1997]
It shall be the duty of the Police Department to assist the Supervisor of Animal Control in enforcing the provisions of this Chapter.
[Ord. No. 96-10 §5, 2-1-1997]
The Supervisor of Animal Control shall keep a record in which he/she shall enter all his/her official transactions. Such record shall be open to the inspection of any person as authorized or limited by the Revised Statutes of Missouri, particularly Chapter 610 and such other enactments as may be or become applicable.
[Ord. No. 96-10 §6, 2-1-1997]
Any unrestrained dog or any animal defined as a public nuisance by this Chapter may be taken by the Police or Supervisor of Animal Control and impounded in an animal shelter or at a designated holding place and be there confined in a humane manner pending further action pursuant to this Chapter. In lieu of impoundment or in addition thereto, a General Ordinance Summons may be issued to that person and said person may retain possession of the animal if it is the belief of the Officer issuing such summons that such possession is not in conflict with any other Section of this Chapter.
Whenever any animal is confined by authority of this Chapter, it shall be the duty of the Supervisor of Animal Control to release the same upon satisfactory proof that the party claiming the animal is entitled to possession thereof and upon payment to the City Clerk of all applicable fees prescribed by this Chapter and the fee of any license that may be required by this Chapter.
[Ord. No. 96-10 §7, 2-1-1997]
After impoundment of any animal where a General Ordinance Summons has not been issued to the owner or keeper, the Supervisor of Animal Control shall promptly notify the owner of such animal of its impoundment if the owner can be determined and located by reasonable investigation; however, no liability shall attach to the City or to the Supervisor of Animal Control or his/her staff for failure to give such notice. The owner of an impounded animal who does not redeem his/her animal may still be proceeded against for violation of applicable Section or Sections of this or any other applicable ordinance.
[Ord. No. 96-10 §8, 2-1-1997; Ord. No. 2001-13 §1, 8-14-2001]
The keeping or harboring of dangerous animals other than dogs within the City is hereby prohibited. Other than as to dogs, which are regulated by Section 215.160, the Supervisor of Animal Control shall have the authority to declare an animal dangerous because of past behavior, violations of this Chapter or the inherently dangerous nature of the animal as to persons. Such a declaration shall be grounds for the impoundment and destruction of the animal unless, without danger to the public, it can be and is removed from the City within forty-eight (48) hours.
Within any "residential area" (for purposes of the Section here defined as any area not zoned for commercial, agricultural or industrial purposes), the keeping or harboring of any warm-blooded carnivorous or omnivorous animal (excluding laboratory purposes) and animals having poisonous bites is hereby prohibited, if not elsewhere prohibited in this Chapter.
The members of the Police Department or any other persons designated by the City are authorized to kill any dangerous animals of any kind when it is necessary for the protection of any person or property and the animal cannot safely be taken and impounded.
[Ord. No. 96-10 §9, 2-1-1997]
In the interest of public health, safety and the general welfare and to regulate or prohibit the keeping or running at large of any animal, any person keeping or harboring any animal in the City by so doing does thereby authorize the Supervisor of Animal Control to enter without warrant upon private property he/she owns or controls whereby such animal or fowl is to be found, in plain sight, other than within any residence structure, for the purpose of enforcement of this Chapter and to seize such animal from said private property to abate an ordinance violation.
By authority of the Section, any animal that is deemed by the Supervisor of Animal Control to be suffering or cruelly mistreated in violation of this Chapter, may be seized from the property of its owner or keeper to abate the mistreatment or the suffering of that animal and it may be confined at an animal shelter for disposition under the terms of this Chapter.
Any animal that has possibly exposed a person to rabies through a bite wound or other tissue invasion and remains on private property, may be removed from that property by a Humane Officer or Police Officer if such owner or keeper is not available, willing and able to surrender the animal for observation.
Any female dog in season and not confined in a building or solid enclosure as required may be removed from that property of the owner or keeper to abate such nuisance.
[Ord. No. 96-10 §10, 2-1-1997]
A person is guilty of animal abuse when a person:
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, RSMo., 1994;
Purposely, intentionally or recklessly causes injury, suffering or pain to an animal;
Abandons an animal in any place without making provisions for its adequate care;
Overworks or overloads an animal, or drives or works an animal unfit to work; or
Having ownership or custody of an animal willfully fails to provide adequate care or adequate control.
[Ord. No. 96-10 §11, 2-1-1997]
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.
Bullbaiting And Cockfighting — Penalty. Any person who shall keep or use, or in any way be connected with or interested in the management of, or shall receive money for the admission of any person to any place kept or used for the purpose of fighting or baiting any bull, bear, cock or other creature, except dogs, any person who shall encourage, aid or assist or be present thereat, or who shall permit or suffer any place belonging to him/her or under his/her control to be so kept or used, shall, on conviction thereof, be fined not more than five hundred dollars ($500.00) and/or be confined for not more than ninety (90) days.
[Ord. No. 96-10 §12, 2-1-1997]
Every pen, run, cage or other yard establishment wherein any dog is kept shall be maintained so that no offensive, disagreeable or noxious smell or odor shall arise.
[Ord. No. 96-10 §13, 2-1-1997]
It shall be unlawful for the owner, keeper, harborer or maintainer to allow or permit any species of animal to become a public nuisance.
[Ord. No. 96-10 §14, 2-1-1997]
No domestic animal afflicted with a contagious or infectious disease shall be allowed to run at large or to be exposed in any public place whereby the health of man or beast may be affected; nor shall a diseased animal be shipped or removed from the premises of the owner thereof, except under the supervision of the Chief of Police or the Supervisor of Animal Control.
It is hereby made the duty of the Supervisor of Animal Control to secure such disposition of any diseased animal and such treatment of affected premises to prevent the communication and spread of the contagion or infection, except in cases where the State veterinarian is empowered to act.
[Ord. No. 96-10 §15, 2-1-1997; Ord. No. 2001-13 §1, 8-14-2001]
It shall be unlawful and a public nuisance for any person in charge of a location to keep or allow to be kept more than four (4) animals over the age of one hundred eighty (180) days at such location unless the location of all of the animals kept there are within one (1) or more of the following exceptions:
The location is licensed as a commercial animal establishment.
When animals in excess of the limits established in the preceding Subsection are found at a location, all of the animals found at the location may be removed to an animal shelter to be handled as if stray animals except that the person in charge of the location, if present, may designate and retain up to four (4) licensed animals.
This Section shall not apply to the keeping of gerbils, hamsters or guinea pigs which are kept in cages and not allowed outside any structure.
[Ord. No. 96-10 §16, 2-1-1997; Ord. No. 2001-13 §1, 8-14-2001]
Confinement. Other than when using a dog as a guard dog or for law enforcement, no person shall own, keep, harbor or allow to be upon any premises occupied by him/her or under his/her charge or control any dog of a cross, dangerous or ferocious disposition which shall include but not be limited to, any dog which has without provocation bitten two (2) or more humans within the prior twelve (12) months without such dog being securely chained or restrained in such manner that the animal cannot range within closer than three (3) feet to the property line of the property of the owner, keeper or harborer.
Placarding Premises. When any dog is required by this Section to be confined, it shall also be required that a conspicuous notice be posted at the place of confinement of such a nature as to warn the public of the nature of the dog therein confined.
Guard Dogs. Any "guard dog" (for the purpose of this Chapter here defined as a dog owned by a governmental unit which dog is used to guard public or private property) used in the City by virtue of such use is hereby declared to be subject to the license requirements of this Chapter, must be vaccinated against rabies by a licensed veterinarian; must, if brought into the City from without the State of Missouri, be accompanied by the official health certificate required by the Code of State Regulations, which certificate shall be exhibited upon the request of any City Animal Control or Police Officer, must be controllable by its keeper and must not be used in a manner which, as determined by the Supervisor of Animal Control, endangers individuals not on the premises guarded. Any person operating a guard dog service in the City shall register such business with the Supervisor of Animal Control and shall list all premises to be guarded with the Supervisor of Animal Control before service begins.
Violation — Disposition Of Dog. Upon conviction of failure to comply with any provision of this Section in addition to the usual judgment of conviction, if it shall appear to the Municipal Judge that such dog is still living, he/she may order that said dog to be humanely killed and direct the Supervisor of Animal Control to enforce that order and the Police Department shall assist as may be requested by the Supervisor of Animal Control.
[Ord. No. 96-10 §17, 2-1-1997]
No person shall own or keep any animal which by making excessive noise disturbs a neighborhood. The following definitions and conditions shall be specially applicable to enforcement of the aforesaid prohibition of this Section:
Definitions. The following words shall have the meanings as set out herein:
- EXCESSIVE NOISE
- Shall mean and include any noise produced by an animal which is so loud and continuous or untimely as to disturb the sleep of a neighbor.
- An individual residing in a residence structure which is within one hundred (100) yards of the property on which the animal is kept or harbored and who does in writing state that he/she will testify under oath to said animal making excessive noise.
If a General Ordinance Summons is issued charging violation of this Section, a subpoena shall also be issued to the disturbed neighbor to testify in the matter.
[Ord. No. 96-10 §18, 2-1-1997]
No person shall own, keep or harbor any dog or other animal which by jumping upon or threatening persons upon public streets shall cause persons to be put in fear of injury. This Section shall apply to animals while being walked on leashes and the unprovoked attack by an animal on a leash upon any person shall constitute an assault or battery by the person holding the leash and failing to prevent the unprovoked attack by such animal.
[Ord. No. 96-10 §19, 2-1-1997]
The owner, keeper or person harboring any female dog shall, during the period that such animal is in heat, keep it securely confined and enclosed within a building except when out upon such person's premises briefly for toilet purposes while on leash or otherwise effectively physically restrained. For the purpose of this Section, "briefly for toilet purposes", shall consist of a maximum time of fifteen (15) minutes on each separate occasion.
[Ord. No. 96-10 §20, 2-1-1997; Ord. No. 2001-13 §1, 8-14-2001]
It shall be unlawful for any person owning, keeping or harboring any animal to permit, suffer or allow said animal to run at large within the City. For the purpose of this Section, any animal shall be deemed to have been permitted, suffered or allowed by its owner, keeper or harborer to run at large when found outside of the residence structure of the owner, keeper or harborer and not effectively physically restrained on a chain or leash or behind a suitable fence or other proper method of physical restraint from which it cannot escape.
A legally blind person using a "seeing eye dog" in the customary manner shall be deemed to be in compliance with this Section.
Official use of dogs by a governmental unit shall be deemed in compliance with this Section.
[Ord. No. 96-10 §21, 2-1-1997]
If a dog is found within the City limits of Lake Ozark, Missouri, not under restraint and is impounded, a notice of violation of the Code of Ordinances of the City shall be delivered in person or sent by first class mail to the owner, keeper, harborer or maintainer, if known.
If such violation is a first (1st) violation with respect to said dog, the owner may appear within seventy-two (72) hours after receipt of such notice and the owner shall, after payment of any license fee, impoundment fee, board fee, and other expenses of confinement then due and owing, shall reclaim the dog. In second (2nd) and subsequent violations of this Chapter requiring restraint, the owner may reclaim said animal after payment of any license fee, impoundment fee and board fee but a complaint shall be issued, and the owner, harborer, keeper or maintainer shall appear in Municipal Court in response to said compliant.
[Ord. No. 96-10 §22, 2-1-1997]
Impounded animals shall be kept for not less than seven (7) days except:
When given to be disposed of by an owner, keeper or harborer, in which case the animal shall be held until the next calendar day before making disposition.
When an animal arrives at the shelter in so sick or injured a condition that in the judgment of the Supervisor of Animal Control or licensed veterinarian, human compassion requires that the suffering be promptly ended, in such instance said time period shall not apply and the animal will be humanely killed to prevent needless suffering.
Whenever any animal shall remain in the animal shelter or at a place of impoundment of a designated representative for a longer period than seven (7) days from the impounding of such animal said animal shall be disposed of in a humane manner by the Supervisor of Animal Control.
The Supervisor of Animal Control may, in lieu of having an unclaimed animal killed as proved herein, give such animal into the custody of any adult requesting custody (animal adoption) of such specific animal as a pet after viewing it, providing that in the judgement of the Supervisor said person will humanely care for such animal and will not permit its use for laboratory or experimental purposes. If more than one (1) qualified person requests an animal, the Supervisor of Animal Control may award it to the custody of the person making the highest and best bid.
No animal will be given to the custody of a person who, in the judgment of the Supervisor, is requesting the animal with the intent to sell it. Not more than two (2) animals may be given into the custody of any individual or family per year.
[Ord. No. 96-10 §23, 2-1-1997]
A thirty-five dollar ($35.00) fee or actual cost to the City of Lake Ozark shall be charged when any animal is picked up by the Supervisor of Animal Control and transported to the animal shelter or other City designated place of impoundment which shall be at the rate of the actual cost to the City of Lake Ozark; provided however, that such fee shall be increased by the actual amount of any unusual expense incurred either in the impoundment or the care of said animal, this payment is required for animal adoption.
[Ord. No. 96-10 §24, 2-1-1997; Ord. No. 2001-13 §1, 8-14-2001]
It shall be the duty of every person owning, keeping or harboring in the City any animal one hundred eighty (180) days old or older to procure a license therefor from the City Clerk or his/her designee. The receipt issued for the license shall show evidence of a certificate of vaccination to obtain a City pet license for the keeping of such animal within the City. The City Clerk may delegate authority to the Supervisor of Animal Control to enforce any Section of this Chapter requiring licensing. This Section shall not apply to the keeping of gerbils, hamsters or guinea pigs which are kept in cages and not allowed outside any structures.
[Ord. No. 96-10 §25, 2-1-1997]
Hospitals, clinics and other facilities operated by licensed veterinarians for the care and treatment of animals are exempt from all provisions of Section 215.240. The licensing provisions of this Section shall not apply to non-residents of the City unless they keep a dog within the City for more than thirty (30) days. If a dog is fully trained as a "seeing eye dog" and is regularly used in the service of a blind person or is owned by a governmental unit, then such license shall be issued without the payment of a fee.
[Ord. No. 96-10 §26, 2-1-1997; Ord. No. 2001-13 §1, 8-14-2001]
Written application for animal license shall be made to the City Clerk and shall state the name, address of the owner and the name, breed, color, sex and distinguishing marks of the animal.
[Ord. No. 96-10 §27, 2-1-1997; Ord. No. 2001-13 §1, 8-14-2001]
The yearly fee shall be five dollars ($5.00) for each animal over the age of six (6) months which has been neutered or spayed. The yearly fee for each animal over the age of six (6) months not neutered or spayed shall be fifty dollars ($50.00).
[Ord. No. 96-10 §28, 2-1-1997; Ord. No. 2001-13 §1, 8-14-2001]
The license evidenced by the certificate of registry shall entitle an owner or keeper to keep the licensed animal in the City until the first (1st) day of January next following the date of the issuance of the animal license and certificate.
[Ord. No. 96-10 §29, 2-1-1997; Ord. No. 2001-13 §1, 8-14-2001]
Before the City Clerk or his/her designee issues any license or tag for an animal, the owner or keeper thereof shall file with the City Clerk a certificate from a licensed veterinarian showing that within three hundred sixty-five (365) days prior to the issuance of such license, the animal was immunized against rabies. The certificate must show that the animal has been neutered or spayed or the license fee for non-neutered or non-spayed animals shall be paid.
[Ord. No. 96-10 §30, 2-1-1997]
The City Clerk or his/her designee shall keep for a period of three (3) years a record giving the name and address of the owner or keeper of each licensed dog and the number of the certificate of registry together with a general description of the dog.
[Ord. No. 96-10 §31, 2-1-1997]
At the time of issuance of license required by this Chapter, the City Clerk or his/her designee shall deliver therewith a license tag showing the registration number and expiration date of the license. A replacement license tag shall be furnished by the City Clerk to any such owner or keeper upon application and payment of one dollar ($1.00). Any change in the form of license tag or tags used shall first be approved by the Chief of Police.
[Ord. No. 96-10 §32, 2-1-1997; Ord. No. 2001-13 §1, 8-14-2001]
No owner or keeper of any licensed animal shall allow or permit such animal to be outside the residence of said owner or keeper at any time other than when enclosed on all sides in a cage or covered animal run without having attached to a collar about the neck of such animal or to a secure body harness, the license tag provided for in Section 215.310, except when such animal is being handled in the course of any organized animal training or exhibition program.
No person shall remove, or cause to be removed, the collar, harness or the license tag from any registered animal without the consent of the owner or keeper thereof.
[Ord. No. 96-10 §33, 2-1-1997]
Every animal which bites or scratches a person shall be promptly reported to the Supervisor of Animal Control or a Police Officer and shall thereupon be securely quarantined at the direction of the Supervisor of Animal Control for a period of ten (10) days and shall not be released from such quarantine except by written permission of the Supervisor of Animal Control. Such quarantine may be on the premises of the owner, at the shelter designated as the City Animal Shelter or at the owner's option and expense, in a veterinary hospital of his/her choice. In the case of stray animals, or in the case of animals whose ownership is not known, such quarantine shall be at the shelter designated as the City Animal Shelter, if any.
The owner upon demand by the Supervisor of Animal Control or a Police Officer shall forthwith surrender any animal which has bitten a human, or which is suspected as having been exposed to rabies, for supervised quarantine, the expenses of which shall be borne by the owner. Said animal may be reclaimed by the owner if it is adjudged free of rabies, upon payment of fees set forth in this Section and upon compliance of licensing provisions as so set forth.
When rabies has been diagnosed in an animal under quarantine or rabies suspected by a licensed veterinarian, and the animal dies while under such observation, the Supervisor of Animal Control shall immediately send the head of such animal to the State Health Department for pathological examination and shall notify the City Health Officer of reports of human contacts and the diagnosis.
When one (1) or both reports indicate a positive diagnosis of rabies, the Supervisor of Animal Control shall recommend an area wide quarantine by the City Health Officer and no pet or animal shall be taken or shipped from the City without written permission of the Supervisor of Animal Control.
During this quarantine period and as long afterward as he/she decides it is necessary to prevent the spread of rabies, the City Health Officer shall require all dogs three (3) months of age and older be vaccinated against rabies with a canine rabies vaccine approved by the biologics control section of the U.S. Department of Agriculture. The types of approved canine anti-rabies vaccine to be used and the recognized duration of immunity for each shall be established by the City Health Officer. All vaccinated dogs shall be restricted (leashing or confinement on enclosed premises) for thirty (30) days observation. During the quarantine period, the City Health Officer shall be empowered to provide for a program of mass immunization.
No dog which has been impounded by reason of its being a stray, unclaimed by its owner, is allowed to be adopted by the animal shelter during the period of rabies emergency quarantine, except by special permission of the City Health Officer and the Supervisor of Animal Control.
Dogs bitten by a known rabid animal shall be immediately destroyed or if the owner is unwilling to destroy the exposed animal, strict isolation of the animal in a kennel for six (6) months shall be enforced. If the dog has been previously vaccinated, within the time limits established by the Public Health Service based on the kind of vaccine used, revaccination and restraint (leashing and confinement) for thirty (30) days shall be carried out.
In the event there are additional positive cases of rabies occurring during the period of the quarantine, such period of quarantine may be extended for an additional six (6) months.
No person shall kill, or cause to be killed, any rabid animal, any animal suspected of having been exposed to rabies or any animal biting a human, except as herein provided, nor remove such animal from the City limits without permission from the Supervisor of Animal Control.
The carcass of any dead animal exposed to rabies shall upon demand be surrendered to the Supervisor of Animal Control.
The Supervisor of Animal Control shall direct the disposition of any animal found to be infected with rabies.
No person shall fail or refuse to surrender any animal for quarantine or destruction as required herein when demand is made therefor by the Supervisor of Animal Control or a Police Officer.
[Ord. No. 96-10 §34, 2-1-1997]
Any person who shall own and keep, harbor or maintain upon his/her premises more than four (4) dogs shall be deemed an operator of a kennel. It shall be unlawful to operate a kennel within the corporate limits of the City of Lake Ozark, Missouri, which violates the standards of operation established in this Section or which violates any zoning or regulations of the City.
Kennel premises where permitted shall be maintained in a clean and sanitary condition at all times and sanitary methods shall be used to obliterate or prevent any offensive odors.
The Supervisor of Animal Control shall have the right to inspect such kennels at all reasonable hours. Said Supervisor shall inspect each registered kennel operating within the corporate limits at least once each calendar year to ensure compliance with the standards of operation.
Any person who is deemed to be the operator of a kennel shall register said kennel on a form provided by the City Clerk and issued by the Supervisor of Animal Control.
At the time of initial registration of each kennel and annually thereafter the operator of the kennel shall pay an inspection fee of fifteen dollars ($15.00) and shall have a valid business license issued by the City of Lake Ozark.
[Ord. No. 96-10 §35, 2-1-1997]
Any person violating any provision of this Chapter shall upon conviction of any such violation shall, unless another specific penalty of specific penalty range be provided by another Subsection of this Section, be punished by a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00), or by imprisonment for a term not to exceed ninety (90) days or by both such fine and imprisonment.
Any person violating any of the following Sections of this Chapter:
shall upon conviction or guilty plea and after examination of any prior conviction record to be determined if the person has previously been convicted of the same offense, be punished according to the following schedule of fines with reference to initial or subsequent violation of the particular Section:
First (1st) offense. Fifteen dollars ($15.00) to fifty dollars ($50.00).
Second (2nd) offense. Fifty dollars ($50.00) to one hundred dollars ($100.00).
Third (3rd) and subsequent offenses. One hundred dollars ($100.00) to five hundred dollars ($500.00).
Each days violation of, or failure, refusal or neglect to comply with any provision of this Chapter, shall constitute a separate and distinct offense.