City of Lake Waukomis, MO Article II Dogs and Cats [1]

[1] State Law Reference — As to dogs, RSMo. §§273.010 et seq.

DIVISION 1 Generally

Section 205.050 Definitions.

[CC 1974 §4-8; Ord. No. 42 §l, 5-17-1962; Ord. No. 78 §§1, 3, 7-11-1968; Ord. No. 83 §§1 — 2, 11-14-1968; Ord. No. 93 §2, 4-15-1970; Ord. No. 311 §4-8, 8-25-2004; Ord. No. 580, 10-12-2022]

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

DOGS OR CATS

All animals of the canine or feline species, both male and female.

DOMESTICATED ANIMALS

Shall be comprised of only dogs, cats and Vietnamese pot-bellied pigs as provided for in Section 205.190.

EXPOSED TO RABIES

An animal has been "exposed to rabies" when bitten by, or fought with, or has come in close contact with a dog or other animal shown to be infected with the rabies virus as determined by standard laboratory testing.

HUMANE OFFICER

Any person designated by the Board of Aldermen.

LICENSED VETERINARIAN

Any veterinarian duly licensed under the laws of the State.

OWNER

Any person owning, keeping or harboring a dog or cat.

RESTRAINT

Except as otherwise set forth in Chapter 205, a dog is under "restraint" if it is on the property of its owner or is under the immediate and effective control of a responsible person.

SERVICE DOG

A dog of either sex used to assist people who are physically, hearing, visually impaired or assist documented not-for-profit services for the purpose of search and rescue.

SPAYED FEMALE DOG

A female dog certified by a licensed veterinarian to have been spayed.

Section 205.060 Animal Neglect.

A. A person commits the offense of animal neglect if he or she:

1. Has custody or ownership of an animal and fails to provide adequate care; or

2. Knowingly abandons an animal in any place without making provisions for its adequate care.

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.

Section 205.063 Animal Trespass.

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.

Section 205.065 Animal Abuse. [1]

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.

Section 205.070 Domesticated Animals — Limit.

[Ord. No. 311 §4-9.1, 8-25-2004]

There shall be a limit of two (2) adult animals per family; except, that in the event there are young born to the above dogs and/or cats, the number specified may be exceeded for a reasonable time, but not in excess of three (3) months following the date of birth. If the above dogs are service animals, there shall be a limit of four (4) adult animals for the purpose of training.

Section 205.075 Barking or Howling Domesticated Animals — Nuisances.

[CC 1974 §4-10; Ord. No. 42 §6, 5-17-1962]

No owner shall permit a domesticated animal habitually to bark, howl or in other ways be a public nuisance.

Section 205.080 Owner To Restrain Domesticated Animal.

[CC 1974 §4-11; Ord. No. 42 §4, 5-17-1962; Ord. No. 580, 10-12-2022]

A. A domesticated animal owner shall always keep his/her dog under restraint.

B. Regardless of whether the actions of a domesticated animal owner are voluntary or involuntary, by commission or omission, while a dog is on any City street, a domesticated animal owner shall keep his or her dog under restraint by keeping such animal on a leash of no greater than ten (10) feet in length and securely held or controlled by the owner to prevent the animal from escaping the leash.

Section 205.090 Confinement of Female Dogs in Heat.

[CC 1974 §4-12; Ord. No. 42 §7, 5-17-1962]

The owner of any female dog in heat shall confine her within a building in such manner that such dog will not be accessible to other dogs, except for planned breeding, and will not attract male dogs.

Section 205.100 Authority of Officers Generally — Interfering With Officers.

[CC 1974 §4-13; Ord. No. 42 §9, 5-17-1962; Ord. No. 388 §§1 — 2, 7-14-2010]

A. Any Police Officer or Humane Officer is authorized to enter any premises where a dog or cat is kept or harbored to inspect conditions under which the dog or cat is kept and to require the owner to exhibit a license for the dog or cat.

B. No person shall hinder, molest or interfere with any Police Officer or Humane Officer in the performance of his/her duties.

DIVISION 2 Licenses

Section 205.110 Compliance With Division.

[CC 1974 §4-14; Ord. No. 42 §3, 5-17-1962; Ord. No. 388 §§1 — 2, 7-14-2010]

No person shall own, keep or harbor any dog or cat within the City unless such dog or cat is licensed as provided in this Division.

Section 205.120 Registration and Immunization Required — Records — Certificate of Registration and Tag or Check.

[CC 1974 §4-15; Ord. No. 62 §2, 3-11-1965; Ord. No. 388 §§1 — 2, 7-14-2010]

A. Registration.

1. The owner or keeper of any dog or cat of the age of three (3) months or older shall register such dog or cat with the City Collector on or before January thirty-first (31st) of each year.

2. The name and address of the owner or keeper of a dog or cat so registered and an accurate description of the dog or cat shall be entered in a book kept for such purposes by the City Collector.

3. A certificate of registration and a metal or plastic tag or check bearing identical numbers shall be issued to the owner or keeper to be attached to a collar or other device and worn by such dog or cat.

B. Immunization. Before any dog or cat shall be registered or before a certificate or tag shall be issued as provided in Subsection (A) of this Section, the owner or keeper of the dog or cat shall present to the City Collector a certificate of immunization issued and signed by a licensed and registered veterinarian stating that the dog or cat has been immunized against rabies for the current year or that such dog or cat has been permanently immunized against rabies.

Section 205.130 License Fee.

[CC 1974 §4-16; Ord. No. 62 §2, 3-11-1965; Ord. No. 139 §3, 11-15-1980; Ord. No. 388 §§1 — 2, 7-14-2010]

The annual license fee for each male dog or cat and each spayed female dog or cat shall be five dollars ($5.00) and for all other female dogs or cats it shall be seven dollars ($7.00). Any owner or keeper of any dog or cat who shall fail or refuse to pay such fee when payment is demanded shall forthwith surrender such dog or cat to the City Marshal for the purpose of being destroyed.

Section 205.140 Records and Reports To Board of Aldermen — When Fee Due and Payable — Disposition of Fee — Attaching Tag To Dog or Cat When Fee Not Paid.

[CC 1974 §4-17; Ord. No. 62 §4, 3-11-1965; Ord. No. 388 §§1 — 2, 7-14-2010]

A. The City Collector shall keep a list of the persons paying the fee required by the previous Section noting the date and amount of payment.

B. The fee shall be due and payable on January thirty-first (31st) of each year; provided that if any person shall become the owner or keeper of any dog or cat after January thirty-first (31st) in any year, such person shall pay the same fee thereon for the remainder of the period ending January thirty-first (31st) following as if such dog or cat had been in the City on the preceding January and such dog or cat shall be fully subjected to the provisions of this Chapter.

C. The fee shall be paid by the City Collector into the City Treasury to the credit of the General Fund of the City.

D. It shall be unlawful for any person to attach or suffer to be attached to any dog or cat on which the fee has not been paid for the current year the metal or plastic tag described in this Division or any imitation thereof.