[R.O. 2014 §225.010; Ord. No. 23 §1, 3-26-1952]
It is hereby declared unlawful for any animal or animals of
the species of horse, mule, ass, cattle, sheep, goat, swine, or domestic
fowl of the species of goose, duck, turkey, guineas, or chicken to
be or run at large within the corporate limits of the City of Marshfield.
[R.O. 2014 §225.020; Ord. No. 23 §3, 3-26-1952]
The designated official shall immediately take up and restrain
any animal or fowl found at large in violation hereof, and any person
finding any animal or fowl, at large in violation hereof, of this
Chapter, may take the same in charge and deliver it into the charge
or possession of the designated official without unnecessary delay.
[R.O. 2014 §225.030; Ord. No. 23 §4, 3-26-1952]
Upon taking charge or possession of any animal or fowl under
the provisions hereof, of this Chapter, the designated official shall
confine same in safe enclosure or pound, and shall properly care for
and feed the same.
[R.O. 2014 §225.040; Ord. No. 23 §5, 3-26-1952]
The owner, keeper or person in charge of any such impounded
animal or fowl may reclaim the same at any time before the sale by
paying all fees, costs and expenses as herein after provided and making
satisfactory proof of ownership or authority.
[R.O. 2014 §225.050; Ord. No. 23 §6, 3-26-1952]
If any such impounded animal or fowl shall not be reclaimed
and redeemed as herein before provided, the designated official shall
sell the same at public auction to the highest bidder for cash giving
not less than five (5) days' notice of the time, terms and place of
sale and the property to be sold by posting five (5) handbills in
as many public places in the City, one (1) of which places shall be
the Courthouse door.
[R.O. 2014 §225.060; Ord. No. 23 §7, 3-26-1952]
Upon the sale of any such impounded animal or fowl the designated
official shall from the proceeds pay all fees, expenses and costs,
as herein provided, after which he/she shall pay the surplus thereof
into the City Treasury, taking a receipt therefor.
[R.O. 2014 §225.070; Ord. No. 23 §8, 3-26-1952]
After the surplus from the sale of any impounded animal or fowl
shall have been paid the City Treasury the owner or person in charge
thereof, if properly authorized, may upon order of the Board of Aldermen,
after making satisfactory proof, of ownership, receive the said surplus
so deposited in the Treasury.
[R.O. 2014 §225.080; Ord. No. 23 §9, 3-26-1952]
It shall be the duty of the designated official to see that
the provisions of this Chapter are properly enforced, and for any
wilful or negligent failure to perform his/her duties hereunder, he/she
shall be deemed guilty of a misdemeanor and upon conviction pay a
penalty of not more than ten dollars ($10.00).
[R.O. 2014 §225.090; Ord. No. 23 §10, 3-26-1952]
If any person shall obstruct, resist, hinder, or interfere with
the designated official while in the discharge of his/her duties under
the provisions hereof, or shall break, injure, destroy, tear down,
open or in any manner render useless or unsafe any pound or enclosure
owned, kept, or hired by the City for the purpose of this Chapter,
or shall take or release therefrom any animal or fowl taken up or
restrained hereunder, he/she shall be deemed guilty of a misdemeanor
and upon conviction pay a penalty of not more than one hundred dollars
($100.00) for each offense, and in addition the actual damages.
[R.O. 2014 §225.100; Ord. No. 23 §11, 3-26-1952]
Every person who shall within the corporate limits of the City
of Marshfield, herd or graze any animal or animals of the species
of horse, mule, ass, cattle, sheep, goats, or swine upon any street,
alley or common of said City or shall lariat out any animal or animals
of said species so as to permit such animal or animals to graze upon
any of the streets, alleys, or commons of said City, and every owner
of any animal or animals of said species who shall knowingly permit
any other person or persons to herd, graze, or lariat such animal
or animals upon any street, alley or commons of the said City shall
be deemed guilty of a misdemeanor and upon conviction thereof shall
be fined in any sum not exceeding one hundred dollars ($100.00).
[R.O. 2014 §225.110; Ord. No. 23 §12, 3-26-1952]
It shall be the duty of the designated official to see that
the provisions of this Chapter are enforced, and in addition to arresting
all violators thereof, said official shall take into his/her possession
all animals found on the streets, alleys or commons of said City in
violation of this Chapter and said animals shall be dealt with the
same as animals found running at large in said City.
[R.O. 2014 §225.120; Ord. No. 978, 5-9-2002; Ord. No.
1037 §1, 10-9-2003; Ord. No. 1175 §1, 10-13-2005]
A.
The
keeping or harboring of dangerous animals, other than dogs, within
the City is hereby prohibited. Other than as provided herein, the
Animal Control Officer shall have the authority and responsibility
to declare an animal dangerous because of past behavior, violations,
potential spread of zoonotic disease or the inherently dangerous nature
of the animal to persons. Such declaration shall be made in writing
and shall include the date and reasons for the declaration. Upon request,
the Animal Control Officer shall provide a copy of the written declaration
to the requesting person. Such declaration shall be grounds for the
impoundment and destruction of any such animals unless, without danger
to the public, such animal can be, and is, removed from the City within
forty-eight (48) hours after being declared dangerous. If such animal
is found again in the City limits, it will be immediately seized and
promptly destroyed or disposed of in some other manner as permitted
by law including, but not limited to, giving such animal to a licensed
refuge or zoo.
B.
With
the exception of insectivorous animals, it is unlawful to keep or
harbor any carnivorous or omnivorous animal including, but not limited
to, non-human primates; all non-domestic cats, including bobcats and
lynx, ocelots, mountain lions, tigers, panthers, lions or any wild/domestic
cat hybrids; wolves; wolf/dog hybrids with any percent of wolf percentage;
raccoons; skunks, foxes, poisonous snakes, crocodiles; alligators;
caimans; emu; eagles; hawks or other large fowl. This Section does
not apply to domestic livestock, small fowl, domestic dogs, domestic
cats and small rodents of varieties used for laboratory purposes.
Snakes shall be kept in locked, escape-proof cages, except when being
handled. It shall be a violation of this Article for an owner, keeper,
harborer or handler to permit a snake or lizard to escape. Notwithstanding
the foregoing, the provisions of this Section shall not apply to a
properly maintained zoological park, circus, scientific or educational
institution, research laboratory, veterinary hospital, or any special
events in which these prohibited animals are displayed after the Animal
Control Officer has made sufficient investigation to ensure the safety
of such display.
C.
The
keeping or maintaining of one (1) or more hives of any common honeybee
or other bees kept for the production of honey or wax, or to maintain
an apiary, shall be considered a violation of this Section, unless
the following conditions have been met:
[Ord. No. 2067, 1-12-2023]
A.
A person is guilty of animal neglect if he/she has custody or ownership
or both of an animal and fails to provide adequate care.
B.
A person is guilty of animal abandonment if he/she has knowingly
abandoned an animal in any place without making provisions for its
adequate care.
C.
Animal neglect or animal abandonment are ordinance violations. For
a first offense of either violation, a term of imprisonment not to
exceed fifteen (15) days, or a fine not to exceed five hundred dollars
($500.00), or both such fine and imprisonment may be imposed. For
a second or subsequent violation of either offense, a term of imprisonment
not to exceed ninety (90) days, or a fine not to exceed five hundred
dollars ($500.00), or both such fine and imprisonment may be imposed.
All fines and penalties for a first conviction of animal neglect or
animal abandonment may be waived by the court, provided that the person
found guilty of animal neglect or abandonment shows that adequate,
permanent remedies for the neglect or abandonment have been made.
Reasonable costs incurred for the care and maintenance of neglected
or abandoned 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.
D.
In addition to any other penalty imposed by this Section, the court
may order a person found guilty of animal neglect or animal abandonment
to pay all reasonable costs and expenses necessary for:
1.
The care and maintenance of neglected or abandoned 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 or abandonment; and
4.
The avoidance or minimization of any public health risks created
by the neglect or abandonment 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 is guilty of animal abuse if 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 which results in substantial harm to the animal.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
