[Ord. No. 1472 §2, 8-15-2001]
As used in this Article, the following terms shall mean:
Normal and prudent attention to the needs of an animal, including
wholesome food, clean water, shelter and health care as necessary
to maintain good health in a specific species of animal.
To reasonably restrain or govern an animal so that the animal
does not injure itself, any person, any other animal, or property.
Every living vertebrate except a human being.
A facility which is used to house or contain animals and
which is owned, operated, or maintained by a duly incorporated humane
society, animal welfare society, society for the prevention of cruelty
to animals, or other not-for-profit organization devoted to the welfare,
protection, and humane treatment of animals.
An animal raised on a farm or ranch and used or intended
for use in farm or ranch production, or as food or fiber.
To feed or shelter an animal at the same location for three
(3) or more consecutive days.
The destruction of an animal accomplished by a method approved
by the American Veterinary Medical Association's Panel on Euthanasia
(JAVMA 173: 59-72, 1978); or more recent editions, but animals killed
during the feeding of pet carnivores shall be considered humanely
killed.
In addition to its ordinary meaning, any person who keeps
or harbors an animal or professes to be owning, keeping, or harboring
an animal.
Any individual, partnership, firm, joint stock company, corporation,
association, trust, estate, or other legal entity.
Birds, rabbits, or rodents which damage property or have
an adverse effect on the public health, but shall not include any
endangered species listed by the United States Department of the Interior
nor any endangered species listed in the Wildlife Code of Missouri.
[Ord. No. 1472 §2, 8-15-2001]
A.
The
provisions of this Article shall not apply to:
1.
Care or treatment performed by a licensed veterinarian within the
provisions of Chapter 340, RSMo.;
2.
Bona fide scientific experiments;
3.
Hunting, fishing, or trapping as allowed by Chapter 252, RSMo., including
all practices and privileges as allowed under the Missouri Wildlife
Code;
4.
Facilities and publicly funded zoological parks currently in compliance
with the federal "Animal Welfare Act" as amended;
5.
Rodeo practices currently accepted by the Professional Rodeo Cowboy's
Association;
6.
The killing of an animal by the owner thereof, the agent of such
owner, or by a veterinarian at the request of the owner thereof;
7.
The lawful, humane killing of an animal by an animal control officer,
the operator of an animal shelter, a veterinarian, or law enforcement
or health official;
8.
With respect to farm animals, normal or accepted practices of animal
husbandry;
9.
The killing of an animal by any person at any time if such animal
is outside of the owned or rented property of the owner or custodian
of such animal and the animal is injuring any person or farm animal
but shall not include Police or guard dogs while working;
10.
The killing of house or garden pests; or
11.
Field trials, training and hunting practices as accepted by the Professional
Houndsmen of Missouri.
[Ord. No. 1472 §2, 8-15-2001]
A.
A person
is guilty of animal neglect when he has custody or ownership or both
of an animal and fails to provide adequate care or adequate control,
which results in substantial harm to the animal.
B.
A person
is guilty of abandonment when he has knowingly abandoned an animal
in any place without making provisions for its adequate care.
C.
Animal
neglect and abandonment is a misdemeanor upon first (1st) conviction
and for each offense, punishable by imprisonment or a fine not to
exceed two hundred fifty dollars ($250.00), or both, and a misdemeanor
punishable by imprisonment or a fine not to exceed five hundred dollars
($500.00), or both, upon the second (2nd) and all subsequent convictions.
All fines and penalties for a first (1st) conviction of animal neglect
or 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 205.305.
D.
In
addition to any other penalty imposed by this Section, the court may
order a person found guilty of animal neglect or 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.
[Ord. No. 1472 §2, 8-15-2001]
A.
A person
is guilty of animal abuse when a person:
1.
Intentionally or purposely kills an animal in any manner not allowed
by or expressly exempted from the provisions of this Article or 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 or adequate control.
B.
Animal abuse is a misdemeanor, unless the defendant has previously plead guilty to or has been found guilty of animal abuse, or the suffering involved in Subdivision (2) of Subsection (A) of this Section is the result of torture or mutilation, or both, consciously inflicted while the animal was alive, in which case it is a class D felony which will be deferred to the State for prosecution.
C.
For
purposes of this Section, "animal" shall be defined
as a mammal.
[Ord. No. 1472 §2, 8-15-2001]
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.
[Ord. No. 1472 §2, 8-15-2001]
Any duly authorized public health official, law enforcement official, or animal control officer may impound any animal found outside of the owned or rented property of the owner or custodian of such animal when such animal shows evidence of neglect or abuse. The provisions of Section 205.060 shall apply to the impoundment, custody, disposition, liability of owner for costs, lien rights of the City, and the rights of the owner or custodian of any such animal under this Article.
[Ord. No. 1472 §2, 8-15-2001]
A.
Any
duly authorized public health official or law enforcement official
may seek a warrant from the Plattsburg Municipal Court or the Circuit
Court of Clinton County, Missouri, to enable him or her to enter private
property in order to inspect, care for, or impound neglected or abused
animals. All requests for such warrants shall be accompanied by an
affidavit stating the probable cause to believe a violation of this
Article has occurred. A person acting under the authority of a warrant
shall:
1.
Be given a disposition hearing before the court through which the
warrant was issued within thirty (30) days of the filing of the request
for the purpose of granting immediate disposition of the animals impounded;
2.
Place impounded animals in the care or custody of a veterinarian,
the appropriate animal control authority, or an animal shelter. If
no appropriate veterinarian, animal control authority, or animal shelter
is available, the animal shall not be impounded unless it is diseased
or disabled beyond recovery for any useful purpose;
3.
Humanely kill any animal impounded if it is determined by a licensed
veterinarian that the animal is diseased or disabled beyond recovery
for any useful purpose;
4.
Not be liable for any necessary damage to property while acting under
such warrant.
B.
The
owner or custodian or any person claiming an interest in any animal
that has been impounded because of neglect or abuse may prevent disposition
of the animal by posting bond or security in an amount sufficient
to provide for the animal's care and keeping for at least thirty (30)
days, inclusive of the date on which the animal was taken into custody.
Notwithstanding the fact that bond may be posted pursuant to this
Subsection, the authority having custody of the animal may humanely
dispose of the animal at the end of the time for which expenses are
covered by the bond or security, unless there is a court order prohibiting
such disposition. Such order shall provide for a bond or other security
in the amount necessary to protect the authority having custody of
the animal from any cost of the care, keeping or disposal of the animal.
The authority taking custody of an animal shall give notice of the
provisions of this Section by posting a copy of this Section at the
place where the animal was taken into custody or by delivering it
to a person residing on the property.
C.
The
owner or custodian of any animal humanely killed pursuant to this
Section shall not be entitled to recover any damages related to nor
the actual value of the animal if the animal was found by a licensed
veterinarian to be diseased or disabled, or if the owner or custodian
failed to post bond or security for the care, keeping and disposition
of the animal after being notified of impoundment.
[Ord. No. 1472 §2, 8-15-2001]
If a person is adjudicated guilty of the crime of animal neglect
or animal abuse and the court having jurisdiction is satisfied that
an animal owned or controlled by such person would in the future be
subject to such neglect or abuse, such animal shall not be returned
to or allowed to remain with such person, but its disposition shall
be determined by the court.
