The following words, when used in this Chapter, shall have the
meanings set out herein:
All animals of the canine or feline species, both male and
female.
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.
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.
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.
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.
Any of the following dogs:
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.
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.
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.
Any dog that has killed another dog, cat or other domestic animal
without provocation.
The owner or keeper of any dog or cat in the Village of Marlborough
is hereby required to have such animals vaccinated against rabies
by a licensed veterinarian and to procure a certificate of such vaccination
from the veterinarian, who shall issue a tag evidencing the registration
and certificate of vaccination, and 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 Village of Marlborough 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 Village of Marlborough at any time. Any dog or cat found without the tag provided in Section 205.020, and 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.
A.
It
shall be unlawful to own, keep or harbor a vicious dog in the Village
of Marlborough except in accordance with the following provisions:
1.
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, all vicious dogs 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.
2.
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.
3.
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.
4.
Signs. All owners, keepers or harborers of vicious
dogs within the Village 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 Village Police, and any other person of the Village of Marlborough, especially designated by the Board of Trustees and the Chairman for such purpose, to take up any dog or cat without the tag provided in Section 205.020, 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 Village
Hall of the Village 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 Village 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 205.080 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.
B.
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.
C.
In
addition to any other penalty imposed by this Section 578.009, RSMo.,
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.
A.
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.
B.
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 or Sections 272.010
to 272.370, RSMo.
A.
A person
commits the offense of animal abuse if he or she:
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 which results in substantial harm to the animal.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A person
commits the offense of knowingly releasing an animal if that person,
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.
B.
As
used in this Section, "animal" means every living
creature, domesticated or wild, but not including Homo sapiens.
C.
The
provisions of this Section shall not apply to a public servant acting
in the course of such servant's official duties.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[Ord. No. 04-409 §§1 —
4, 11-8-2004]
A.
Control Of Animals. It is unlawful for the owner of any
animal to cause, permit, or allow such animal to roam, run, stray,
or to be away from the premises of such owner unless the animal is
under tethered control.
B.
Removing Fecal Matter. It is unlawful for the owner or handler
of any animal to fail to remove fecal matter deposited by their animal
on public property or public easement, or private property of another,
before the owner leaves the immediate area where the fecal matter
was deposited.
C.
Possession Of Removal Equipment. It is unlawful for the
owner or handler of any animal to fail to have in their possession
the equipment necessary to remove their animal's fecal matter when
accompanied by said animal on public property or public easement,
or private property of another.
D.
Violation — Penalty. Any person violating this Section
is guilty of a misdemeanor, and upon conviction shall be punished:
1.
By a fine not less than twenty dollars ($20.00) or more than fifty
dollars ($50.00) for the first (1st) offense;
2.
For the second (2nd) and subsequent offenses occurring within one
(1) year, a fine of not less than thirty dollars ($30.00) or more
than one hundred dollars ($100.00).
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The minimum fines provided for by this Section are mandatory
minimums, and shall not be either suspended or deferred except in
cases in which the court determines that the defendant is indigent
and unable to pay any fine.
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Whenever rabies becomes prevalent in the Village, the Chairman
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 Village 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 Village and, in the absence of such paper, shall be posted
as in case of sales of personal property. The Chairman is authorized
by proclamation to terminate any such quarantine whenever, in his/her
judgment, the necessity for it no longer exists.
[Ord. No. 197 §§1 —
2, 8-5-1963]
A.
It
shall be unlawful for any person or persons to keep, retain, maintain
or provide shelter for any domestic animal of the dog or any other
animal of the species canine in a number greater than three (3) between
the hours of sunset and sunrise of the following day on any premises
situated in the Village of Marlborough, St. Louis County, Missouri.
B.
Nothing
herein shall prevent the retention of litters or pups of any of the
foregoing species and sub-species for a period of one hundred twenty
(120) days after the nativity of said litter or pups as long as the
mother of said pups is retained with said pups.
