The following words, when used in this Chapter, shall have the meanings set out herein:
- AFFECTED WITH RABIES
- Infected with the rabies virus as determined by standard laboratory testing.
- Any living animal, domestic or wild, excepting birds, fish, amphibians and farm animals.
- COMPETENT PERSON
- A human being that is capable of controlling and governing the animal in question and to whose commands the animal is obedient.
- DOGS OR CATS
- All animals of the canine or feline species, both male and female.
- 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.
- In addition to its ordinary meaning, any person who keeps or harbors an animal or professes to be owning, keeping, or harboring an animal.
- RUNNING AT LARGE
- 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.
- SERIOUS PHYSICAL INJURY
- 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.
- UNRESTRAINED DOG
- 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.
- VICIOUS DOG
- Any of the following dogs:
- 1. 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.
- 2. 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.
- 3. 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.
- 4. Any dog that has killed another dog, cat or other domestic animal without provocation.
[CC 1986 §225.030]
The Board of Aldermen does hereby create the office of Impounding Officer, to which said position the Mayor may appoint a suitable person; provided however, that the Board of Aldermen may, in its discretion and in lieu of the creation of the office of the City Impounding Officer, enter into a contract with any person, firm, corporation, organization or agency for the control, pickup and disposition of any animals which are found in violation of this Chapter within the City of Truesdale. Such contract shall be in writing and shall fix the compensation to be paid and shall be for such period and upon such terms and conditions as the Board of Aldermen may impose. The person, firm, corporation, organization or agency so selected shall perform all the duties and be subject to all of the requirements of this Chapter applicable to the City Impounding Officer in addition to the duties imposed by such contract. The Mayor may, in addition, authorize the Police Department to pick up and restrain animals found within the City in violation of this Chapter.
[CC 1986 §225.060]
Any person who shall interfere with or obstruct a City Official in the reasonable performance of his/her duty in apprehending any dog, cat or other animal for impounding or investigation under this Chapter or any person who shall refuse to deliver up his/her dog, cat or other animal, upon request by a proper City Official, whenever such official has reasonable cause to believe that such dog, cat or other animal has not been inoculated against rabies within a period of one (1) year or such dog, cat or other animal is running at large in violation of this Chapter, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as hereinafter provided.
The owner or keeper of any dog or cat in the City of Truesdale 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 and to present such certificate to the City Clerk upon obtaining same; and the City Clerk shall register such certificate, which registration shall remain in force until the expiration of the rabies tag at which time the tag shall be renewed; and upon registration, the City Clerk 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 City of Truesdale unless wearing the tag above provided for herein.
[CC 1986 §225.020]
It shall be unlawful for any person or persons owning, controlling, harboring, possessing or having the management or care, in whole or part, of any dog, cat or other animal to permit such dog, cat or other animal to run at large. For the purpose of this Chapter, every dog, cat or other animal when on any street, alley or any other public place in the City of Truesdale which is not attached to a leash, the other end of which is securely held by a competent person or which is not so confined as to prevent its straying from the premises, shall be deemed running at large; provided however, that a dog, cat or other animal bearing an identification tag containing the name and address of its owner securely fastened to a collar about the neck of such animal may remain in an enclosure on the property of its owner without leash or other confinement.
It shall be unlawful for the owner or keeper of any dog or cat to permit the same to run at large within the City of Truesdale 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.
It shall be unlawful to own, keep or harbor a vicious dog in the City of Truesdale except in accordance with the following provisions:
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.
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.
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.
Signs. All owners, keepers or harborers of vicious dogs within the City 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.
[CC §1986 §225.050; Ord. No. 208 §1, 10-13-1993]
The Impounding Officer or any other person, firm, corporation, organization or agency with which the City has contracted according to the provisions of this Chapter and the member of the Police Department while in the pursuit of a dog, cat or other animal running at large shall have right of entry to any lots or lands including those of the owner of such dog, cat or other animal for the purpose of collecting any dog, cat or any other animal found in violation of this Chapter.
Any individual, family, partnership, corporation, association, society or overall any legal entity of any kind which owns, manages, controls, possesses dog(s) and/or (cat(s) within the City limits of the City of Truesdale shall register said animal individually with the City Clerk.
The owner, caretaker and/or guardian of any dog(s) and/or cat(s) which has/have resided within the City limits of the City of Truesdale and which have not been registered shall be subject to a fine of not less than one dollar ($1.00) and not more than one hundred dollars ($100.00).
There shall be no costs involved to register said animals.
Failure to register said animals shall cause any individual, family, partnership, corporation, association, society or overall any legal entity of any kind to lose its grandfathering legal status as to when this Section was originally passed.
It shall be the duty of the Chief of Police, the City Police and any other person of the City of Truesdale, especially designated by the Board of Aldermen and the Mayor 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.
[CC 1986 §225.040]
The Impounding Officer, Police Officer or any person designated by the Board of Aldermen shall have the power to catch, confine and impound dogs, cats or other animals as follows:
All dogs, cats and other animals which are running off the owner's premises and not securely led by leash.
All female dogs, cats or other animals not securely confined in an enclosed place while in heat.
All dogs, cats or other animals affected with rabies and all dogs, cats and other animals suspected of being exposed to or affected with rabies, including dogs, cats and other animals known to have been bitten by a rabid animal, whether such dog, cat or other animal is running at large or on a leash.
All dogs, cats or other animals with vicious propensities.
Dogs, cats or other animals impounded in accordance with this Chapter shall be impounded in a place designated by and under the supervision of the Board of Aldermen.
Every officer impounding a dog or cat under this Chapter shall, within twenty-four (24) hours after such impounding, post a notice to the public and in plain public view at the City Hall of the City 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. Like notice shall be given to the City Collector and Police Department.
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 City for its costs in impounding such dog or cat and keeping it impounded.
[Ord. No. 728 §1, 1-14-2015]
It shall be the duty of any officer impounding any dog or cat under this Chapter to keep the same for a period of not less than five (5) business days before offering for adoption or euthanasia except that before releasing an animal to a dealer, the holding period must include at least one (1) full Saturday and a period of not less than five (5) full days excluding time in transit.
[CC 1986 §225.080]
No person, firm, corporation or association owning or having custody or control of any dog, cat or other animal affected with rabies or any dog, cat or other animal which has been exposed to rabies which shows symptoms or indications of having rabies shall permit such dog, cat or other animal upon any street, alley, public place or private property within the City other than the property of the owner or custodian of such dog, cat or other animal and then only if such dog, cat or other animal is so confined as to prevent its straying from the premises.
Every person, firm, corporation or association owning or having custody or control of any dog, cat or other animal which has bitten a person or which acts in a manner suggesting that it is or may be affected with rabies shall impound such dog, cat or other animal in the facility designated by the City of Truesdale for a period of ten (10) days for observation. If such person, firm, association or corporation shall fail to have such dog, cat or other animal impounded as herein required, the official or officials charged with the enforcement of this Chapter shall impound such dog, cat or other animal as herein provided.
[CC 1986 §225.140]
The Mayor or a person designated by him/her shall dispose of any dog, cat or other animal affected with rabies and he/she shall have the power to examine and impound any animal bitten by or exposed to any animal affected with rabies.
[CC 1986 §225.100]
Every physician shall report to the Chief of Police pertinent information concerning any resident of the City of Truesdale who has been bitten by an animal suspected of being rabid and every veterinarian shall report all pertinent information concerning rabid animals under his/her care.
[CC 1986 §225.110]
Any dog, cat or other animal captured and impounded as authorized by this Chapter and determined not to be affected with rabies may be redeemed by the owner or other person have the right of possession of such animal upon payment of a redemption fee of fifteen dollars ($15.00) plus any expense of taking, impounding and keeping of said animal. If the animal is not redeemed in the manner provided herein within seven (7) days after his/her capture, such animal shall be destroyed or may be adopted out. In case any impounded animal is uninoculated, the owner thereof may redeem such animal by paying the redemption fee and depositing the sum of ten dollars ($10.00) with the City Collector. It shall be the duty of such owner to furnish an inoculation certificate within five (5) days thereafter and upon furnishing such certificate the deposit shall be returned. Failure to exhibit such certificate within the required time shall subject the owner or person redeeming such animal to the penalties provided for the violation of this Chapter.
[CC 1986 §225.120]
The redemption fee provided for by the preceding Section shall be fifteen dollars ($15.00) for the first (1st) time any dog, cat or other animal is impounded, twenty-five dollars ($25.00) for the second (2nd) time such dog, cat or other animal is impounded and thirty-five dollars ($35.00) for each time thereafter such dog, cat or other animal is impounded. This schedule of fees is to apply to any one (1) calendar year.
[CC 1986 §225.160]
The Mayor or a person designated by him/her shall dispose of any animal found to be vicious under the terms of Sections 205.040 and 205.055(4) and he/she shall have the power to impound any such animal. He/she shall have the power to require the owners of such animal to take necessary measures to dispose of any such animal having been found to have vicious propensities and he/she is further authorized to dispose of such animal if necessary measures are not taken by the owner.
[CC 1986 §225.150; Ord. No. 207 §1, 10-13-1993]
No individual, family, partnership, corporation, association, society or overall any legal entity of any kind which owns, manages, controls, possesses dogs and/or cats shall have more than three (3) dogs and/or three (3) cats within the City limits of the City of Truesdale, Missouri.
If any cat should have kittens or should any dog have puppies, they must be removed after eight (8) weeks.
Any individual family, partnership, corporation, association, society or overall any legal entity of any kind which has a dog(s) and/or a cat(s) within the City limits of the City of Truesdale shall see to it that said dog(s) and/or cat(s) do not bark, yelp or howl.
[CC 1986 §225.130]
The owner and/or custodian of a dog, cat or other animal shall provide humane shelter from heat, cold, rain, snow or other conditions that could be harmful to the animal and they shall provide the animal with adequate food and drink to maintain the animal in good health and shall not treat such animal in a cruel and inhumane manner.
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 which results in substantial harm to the animal.
A person is guilty of animal abandonment when he/she has knowingly abandoned an animal in any place without making provisions for its adequate care.
Animal neglect or animal abandonment are ordinance violations. For a first (1st) 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 (2nd) 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 (1st) 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.
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:
The care and maintenance of neglected or abandoned animals within the person's custody or ownership;
The disposal of any dead or diseased animals within the person's custody or ownership;
The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and
The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.
[CC 1986 §225.190]
No person in the City shall fail to provide any animal or fowl in his/her charge or custody with necessary sustenance, drink and protection from the elements or cause any of these omissions to be done. Any such shelter so provided shall be kept clean and inoffensive insofar as is reasonably possible and filth, offal, etc., shall not be allowed to unduly accumulate therein.
Any person who commits any of the following acts is guilty of an ordinance violation:
Permitting baiting or animal fighting to be done on any premises under his/her charge or control;
Promoting, conducting, or staging a baiting or fight between two (2) or more animals;
Advertising a baiting or fight between two (2) or more animals;
Collecting any admission fee for a baiting or fight between two (2) or more animals.
Any person who commits any of the following acts is guilty of an ordinance violation:
Knowingly attending the baiting or fighting of animals;
Knowingly selling, offering for sale, shipping, or transporting any animal which has been bred or trained to bait or fight another animal;
Owning or possessing any of the cockfighting implements, commonly known as gaffs and slashers, or any other sharp implement designed to be attached to the leg of a gamecock;
Manufacturing, selling, bartering or exchanging any of the cockfighting implements, commonly known as gaffs and slashers, or any other sharp implement designed to be attached to the leg of a gamecock.
[CC 1986 §225.180]
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 and 273.030, RSMo.;
Purposely or intentionally causes injury or suffering to an animal; or
Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.
Molestation Of Birds And Fowl. It shall be unlawful for any person to molest, injure or disturb any small birds or fowl of the nest, young brood of any such birds or fowl within the City.
Note — Under certain circumstances this offense can be a felony under state law.
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.
As used in this Section, "animal" means every living creature, domesticated or wild, but not including Homo sapiens.
The provisions of this Section shall not apply to a public servant acting in the course of such servant's official duties.
Any person in physical possession and control of any animal shall remove excreta or other solid waste deposited by the animal in any public or private area not designated to receive such wastes including, but not limited to, streets, sidewalks, parking lots, public parks or recreation areas and private property. The provisions of this Section shall not apply to a guide dog accompanying any blind person.
Whenever rabies becomes prevalent in the City, the Mayor 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 City, 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 City and, in the absence of such paper, shall be posted as in case of sales of personal property. The Mayor is authorized by proclamation to terminate any such quarantine whenever, in his/her judgment, the necessity for it no longer exists.
No person may keep any lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena, wolf, bear, non-human primate, coyote, any deadly, dangerous or poisonous reptile, or any deadly or dangerous reptile over eight (8) feet long, in any place other than a properly maintained zoological park, circus, scientific or educational institution, research laboratory, veterinary hospital or animal refuge.
Section 205.150 Prohibition of the Keeping of Unsanitary and Dangerous Animals Within the City Limits of the City of Truesdale.
[Ord. No. 318 §1(225.300), 6-9-1999]
No person shall keep or permit the keeping of the following animals on premises owned or controlled by said person within the City limits of the City of Truesdale:
Warm-blooded carnivorous or omnivorous animals including, but not limited to, non-human primates twenty (20) pounds or over
Poultry (chickens, geese, turkeys, ducks)
This Section shall not apply to zoos or zoological parks owned by the State of Missouri or political subdivisions thereof, traveling circuses being present in the City for less than two (2) weeks of any calendar year, scientific or educational institutions, research laboratories, veterinary hospitals or validly licensed pet shops under applicable Federal, State and local laws. This Section shall also not apply to domestic animals namely dogs, cats, parakeets, canaries, cockatoos, myna birds, parrots, lovebirds or finches if not more than three (3) in number.
As of the ninth (9th) day of June 1999, anyone who has farm animals, i.e., hogs, pigs, cattle, mules, horses, goats or sheep shall be grandfathered in and as long as that property remains in the name of the present owner of said property.
Penalty. Any violation of this Section shall be liable for a fine of up to three hundred dollars ($300.00) and/or a jail sentence of up to fifteen (15) days. Each day a violation continues shall be a separate offense.