[CC 2000 §5-3-21; Ord. No. 1023 §21, 12-17-2001]
A. Animal Neglect. 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.
B. Abuse Or Abandonment. 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.
C. 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.
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 under Subsections
(A) and
(B) of this Section 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.
E. Indications Of Abuse. No person who is responsible for an
animal shall:
1. Fail to provide adequate food and shelter for the animal for a period
of more than twenty-four (24) hours;
2. Leave the animal without the apparent intent to recover or resume
custody;
3. Fail to provide the animal with proper shelter for the species;
4. Fail to provide the animal with opportunity for adequate daily exercise;
5. Fail to provide the animal with veterinary care when needed to treat
injury or illness unless the animal is instead promptly euthanized;
6. Transport an animal in an open vehicle from which it can escape;
7. Kill an animal. The owner however, can take an animal to a licensed
veterinarian and have the animal disposed of;
8. Purposely, intentionally or recklessly causes injury, suffering or
pain to an animal.
F. No
person shall beat, torment, overload, overwork or otherwise abuse
an animal or cause, instigate or permit any dogfight, cockfight or
other combat between animals or between animals and humans and any
animal so used shall be seized and impounded. No person shall attend
such unlawful exhibition or be umpire at such. Animals seized by the
Chief of Police pursuant to this Subsection shall not be returned
to any person participating in or attending the unlawful exhibition
in accordance with Sections 578.009 — 578.012, 578.018, 578.021,
RSMo.