[Ord. No. 1141 §I(215.001), 4-10-2000]
The purpose of this Chapter is to promote harmonious relationships in the interaction between man and animal by:
Protecting animals from improper use, abuse, neglect, exploitation, inhumane treatment and health hazards.
Delineating the animal's owner or harborer responsible for the acts and behavior for his/her animal at all times.
Providing security to residents from annoyance, intimidation, injury and health hazards by animals.
Encouraging responsible pet ownership.
Providing standards for any and all persons and agencies, public or private, engaged in confinement, buying, selling, harboring or dealing with animals in any manner whatsoever.
[Ord. No. 1141 §I(215.005), 4-10-2000; Ord. No. 1269 §I, 3-18-2002]
The following words, when used in this Chapter, shall have the meanings set out herein:
- Any mammal domestic or wild, other than man, which may be affected by rabies.
- ANIMAL CONTROL OFFICER
- That person educated in the care, seizure, custody and confinement of animals or his/her agent as appointed by the Mayor with the approval of the Board of Aldermen and supervised by the Chief of Police.
- ANIMAL NUISANCE
- Created when an animal:
- 1. Runs uncontrolled;
- 2. Molests or disturbs persons or vehicles by chasing, barking or biting;
- 3. Attacks other animals;
- 4. Damages property other than that of the owner or harborer;
- 5. Barks, whines, howls, honks, brays, cries or makes other noises excessively;
- 6. Creates noxious or offensive odors;
- 7. Defecates upon any public place or upon premises not owned or controlled by the owner or harborer unless promptly removed by the animal owner or harborer; or
- 8. Creates an insect breeding and/or attraction site due to an accumulation of excreta.
- ANIMAL SHELTER
- A facility which is used to house or contain animals, which is owned, operated, or maintained by an 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 such animals, or a person whose primary purpose is to act as an animal rescue, to collect and care for unwanted animals or to offer them for adoption.
- AT LARGE
- When animal is off the property of the owner and unleashed.
- To be seized with the teeth or jaws so that a person or animal has been nipped, gripped, wounded, pierced or scratched by the biting animal.
- BOARDING KENNEL
- A place or establishment, other than a pound or animal shelter, where animals, not owned by the proprietor, are sheltered, fed, and watered in return for a consideration; however, "boarding kennel" shall not include hobby or show breeders who board intact females for a period of time for the sole purpose of breeding such intact females, and shall not include individuals who temporarily, and not in the normal course of business, board or care for animals owned by other individuals.
- Any member of the animal species Felis Catis both male and female over three (3) months of age.
- The City of Bowling Green, Missouri, a municipal corporation of the Fourth Class.
- COMMERCIAL BREEDER
- A person, other than a hobby or show breeder, engaged in the business of breeding animals for sale or for exchange in return for a consideration, and who harbors more than three (3) intact females for the primary purpose of breeding animals for sale.
- CONTROL OF AN ANIMAL
- That same is on a leash not more than eight (8) feet in length; is restrained on or within a vehicle being driven or parked; or is within the property limits of its owner or harborer or upon the premises of another person with the consent of that person.
- Any member of the animal species Canis Familiaris both male and female over three (3) months of age.
- DOMESTIC ANIMAL
- Includes dogs, cats, domesticated sheep, horse, cattle, goats, swine, fowl, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants and other birds and animals raised and/or maintained in confinement.
- The act of inducing a humane death by a technique which produces rapid loss of consciousness, followed by cardiac arrest and ultimate loss of brain function.
- A person who exhibits animals for compensation or improvement of the breed.
- 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.
- A person who performs the service of trimming, bathing or pedicure of animals, normally dogs and cats.
- Any person who provides food and shelter to any domesticated animal other than a periodic or temporary basis.
- To take into custody any animal for the purpose of confinement.
- Any member of the feline (genus felis) family under three (3) months of age.
- Any horse, cow, pig, hog, sheep or goat.
- NON-DOMESTIC ANIMAL
- All felines (other than the domestic house cat), non-human primates, bears, wolves, coyotes, foxes and venomous reptiles, any animal having a poisonous bite, constrictor reptiles and any crossbreed of such animals which have similar characteristics of the animals specified herein. In order to properly administer the provisions of this Section, the Animal Control Commission may add to or remove from the classification of non-domestic animals any bird, mammal, reptile, aquatic and amphibious forms or other members of the animal kingdom. Additions to the list may be made only if the Animal Control Commission determines, after public hearing, that such species because of habit, mode of life or natural instinct is incapable of being domesticated, requires the exercise of art, force or skill to keep them safely in subjection and would create a reasonable likelihood of hazard to the public. Each determination by the Animal Control Commission as to additions or deletion shall become effective when filed with the City Clerk.
- Any person having the right of property in any animal; who keeps an animal; who has an animal in his/her care or custody; or who knowingly permits an animal to remain on or about any premises by him/her.
- Any individual, firm, corporation, partnership, association, trust, estate or other legal entity.
- PET SHOP
- An establishment operated by a person which acquires animals, birds, reptiles and fish bred by others whether an owner or agent or on consignment and sells, offers to sell, exchanges or offers for adoption with or without charge such animals, birds, reptiles and fish as domestic pets to the general public at wholesale or retail.
- That facility as designated by the City used to temporarily shelter, confine and house animals that have been seized.
- Any member of the canine (genus canis) family under three (3) months of age.
- Any object, regardless of shape or size, bearing a registration number and year and the words "registered and vaccinated for rabies" issued by a practicing licensed veterinarian.
- A person qualified by training and experience in training animals for work, hunting, pleasure, obedience or exhibition.
- Any mechanical device or snare which seeks to hold, capture or kill an animal.
- The setting or laying or otherwise using of a trap.
- The administration of vaccine by a licensed veterinarian at such intervals as required by State Statutes and the State Department of Agriculture.
- 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.
- WILD/STRAY CAT
- Any cat over the age of six (6) months, which is not registered and appropriately tagged and chipped as required by the ordinances of the City of Bowling Green, Missouri.
- WORK DOG
- Any member of the animal species Canis Familiaris trained for and actively engaged in rescue, law enforcement or war work, or as a guide of the blind or deaf.
[CC 1996 §215.010; CC 1977 §73.010; Ord. No. 870 §I, 3-8-1993; Ord. No. 915 §I, 2-8-1995; Ord. No. 1065 §I, 12-7-1998; Ord. No. 1184 §I, 11-20-2000; Ord. No. 1208 §I, 3-19-2001; Ord. No. 1696 §I, 8-20-2012]
No dog or feline shall be kept within the City limits without having obtained a license from the City license administration. The license administration shall provide to all animal owners who pay the animal license fee and show proof of a certificate of vaccination from a licensed veterinarian that said animal has been properly vaccinated against rabies. The following shall apply for registering animals owned or harbored within the City limits:
Any person owning, keeping, harboring or having custody of any animal over the age of three (3) months within the municipality shall obtain a license. This may not apply to small caged birds, aquatic or amphibian animals kept solely as pets.
A written application for license shall include name, address of applicant, description of the animal, a certificate of rabies vaccination from a licensed veterinarian or anti-rabies clinic and shall be made to the licensing authority.
The licensing period shall begin with the calendar year and run for one (1) year ending on the thirty-first (31st) day of December. A license application for an animal may be made thirty (30) days prior to the licensing period.
Application for a license shall be made upon obtaining an animal requiring a license over the age of three (3) months. This shall not apply to a non-resident keeping an animal within the municipality less than thirty (30) days.
License fees shall not be required for certified Seeing Eye dogs, hearing dogs or dogs that are trained to assist the physically handicapped.
Upon acceptance of the license application and fee, the licensing authority shall issue a durable tag stamped with a identifying number and the year issued. Tags should be designed so that they may be conveniently fastened to the animal.
Dogs and felines must wear designated license tags at all times when off owner's or keeper's premises.
The licensing authority shall maintain a record of the identifying number of tags issued and shall make record available to inspector.
Persons who fail to obtain a license as required within the period specified in this Section shall be subject to a minimal fine of twenty-five dollars ($25.00).
A license shall be issued after payment to the City Collector and a receipt in duplicate shall be executed with the original being issued to the person paying the fee. The fee shall be as follows:
A replacement license for one destroyed or lost may be obtained for a fee of one dollar ($1.00).
No person may use any license for any animal other than the animal for which it was issued. It shall be unlawful to counterfeit or attempt to counterfeit the tags provided for in this Chapter or to take from any animal a tag legally placed upon it by its owner. Dog and feline tags are not transferable and no refund shall be made on any license fee because of leaving the City or death of the animal prior to the expiration of the license.
The City Collector shall procure a sufficient number of metal tags, the shape and color shall be different for each licensing year, and numbered in sequence for identifying the licensed animal.
[CC 1996 §215.020; CC 1977 §73.020; Ord. No. 1065 §I, 12-7-1998; Ord. No. 1119 §II, 9-16-1999; Ord. No. 1227 §I, 6-18-2001]
Upon presentation of the vaccination certificate, the Assistant Collector shall execute a receipt in duplicate. He/she shall deliver the original receipt to the person who pays the fee, retaining the duplicate. He/she shall also procure a sufficient number of suitable metallic tags, the shape of which shall be different for each license year, and shall deliver one (1) appropriate tag to the owner of the dog or feline when the fee is paid. The owner shall cause the tag to be affixed by a permanent fastening to the collar of the dog or feline so licensed. The owner shall see that the tag is constantly worn by his/her dog or feline, however, if the owner of any dog or feline so chooses, he/she may have a microchip inserted in the animal by a licensed veterinarian and if such chip is inserted, the license tag does not have to be worn by the animal, however, the tag must still be purchased as a means of registration. In the case that any dog's or feline's tag is lost, a duplicate may be issued by the Clerk or Collector upon presentation of receipt showing payment for the license fee for the current year. A charge of one dollar ($1.00) shall be made for each such duplicate tag. It shall be unlawful to counterfeit or attempt to counterfeit the tags provided for in this Chapter or to take from any dog or feline a tag legally placed upon it by its owner or to place a tag upon a dog or feline not licensed in accordance with this Chapter. Dog and feline tags are not transferable and no refund shall be made on any dog or feline license fee because of leaving of the City or the death of the dog or feline prior to the expiration of the license.
[CC 1996 §215.045; Ord. No. 1090 §I, 4-5-1999; Ord. No. 1555 §I(D), 2-26-2007]
No other provision of this Chapter notwithstanding, no person shall cause or permit any dog owned or kept by him/her to run at large at any time or in any place in the City; provided however, that the provisions of this Section shall not prohibit the owner or keeper from permitting such dog to run at large on the private premises of such owner or keeper or upon the private premises of another person with such person's consent, so long as otherwise consistent with this Section.
Notwithstanding anything herein to the contrary, dogs may be permitted to run upon public ways, including streets and sidewalks, but only when on a leash not exceeding ten (10) feet in length controlled by the owner or keeper of the dog.
It shall be the duty of the owner or keeper of any dog to keep such dog from running at large. If a dog is running at large through the act or intervention of a third (3rd) person not a member of the owner's household and without the owner's consent, such fact shall be and constitute an affirmative defense to any proceedings brought under this Section.
Any person, firm or corporation who violates this Section shall be guilty of a misdemeanor and upon conviction thereof shall be fined seventy-five dollars ($75.00) for the first (1st) violation within a twelve (12) month period of time; one hundred dollars ($100.00) for a second (2nd) violation within any twelve (12) month period of time; two hundred fifty dollars ($250.00) for a third (3rd) violation within any twelve (12) month period of time; and five hundred dollars ($500.00) for a fourth (4th) and subsequent violations within a twelve (12) month period. Upon the fourth (4th) or subsequent offense and conviction thereof, the Municipal Judge may declare the dog or feline abandoned and order the dog or feline impounded as provided herein. Upon the first (1st) offense of this Section, payment of the impounding fee shall be governed by Section 210.050 herein. For the second (2nd) and subsequent offenses within a twelve (12) month period of time, all fines and impound fees must be paid by the dog owner prior to the dog being released from impound. Failure to retrieve any dog or feline from impound within thirty (30) days following any conviction under this Section shall be deemed abandonment of said dog or feline.
[CC 1996 §215.050; Ord. No. 1141 §I, 4-10-2000]
There is hereby created and established the office of Animal Control Officer which shall be either within the organization of the Police Department or contracted to an outside agency and employed by the City Administrator. The Animal Control Officer shall receive such compensation as is in conformity with the established pay scale of the City. The Animal Control Officer or his/her agent or any officer of the law:
May enter upon private premises to apprehend a stray, a vicious animal, a wild creature, a non-domestic animal or an animal suspected of being infected with rabies;
May enter upon private premises to investigate complaints of irresponsibility or inhumane animal care; and
May seize, impound and dispose of any vicious animal of any kind when necessary for the protection of any person or animal.
[CC 1996 §215.060; Ord. No. 915 §III, 2-8-1995; Ord. No. 1065 §I, 12-7-1998; Ord. No. 1141 §I, 4-10-2000]
It shall be the duty of the Animal Control Officer and all Police Officers to take up and impound such dogs or felines found in the City running at large as are in this Chapter prohibited; and to enforce this Chapter the Animal Control Officer and Police Officers are empowered and instructed to enter upon any private premises, but not to enter any buildings without the owner's consent, where they have reasonable cause to believe there is a dog or feline in violation of this Chapter. Any dog or feline so taken up by a proper officer shall be impounded in some suitable place. DHLPP (distemper, hepatitis, lento, para influenza and parvo) vaccine shall be given on entry to the animal shelter by the Animal Control Officer. Any dog or feline may be redeemed from the pound by the owner thereof within five (5) days after the impounding. If such dog or feline is unlicensed, an impounding fee as set by policy for each day the dog or feline is confined to the pound as the cost of feed and care, the daily fee provided for herein will be raised or adjusted from time to time in the discretion of the City Administrator as the actual costs of the keeping of such animals dictate. Upon the presentation of a correct license tag for a dog or feline for the current year and for the fees provided for in this Chapter, the dog or feline shall be released to any owner claiming the dog or feline. Any dog or feline which is not claimed as provided in this Chapter within five (5) days after impounding may be adopted for not less than the amount due for redemption to anyone desiring to adopt said dog or feline. No animal shall be transferred to a research or educational institution for any reason whatsoever. Any dog or feline which is not claimed by the owner or adopted shall be euthanized in any manner consistent with the laws of the State of Missouri. All males and females adopted by new owners must be spayed or neutered. Fees will be set by veterinarians. Owners reclaiming dogs or felines will not have to spay or neuter the animals. All fees must be paid in advance (rabies, shots, spaying or neutering).
[CC 1996 §215.080; Ord. No. 915 §IV, 2-8-1995; Ord. No. 1065 §I, 12-7-1998; Ord. No. 1239A §§I — II, 9-26-2001]
Any dog, except a trained dog maintained and utilized by the Bowling Green Police Department as a Police dog or cat, which bites, injures or attacks any person shall be immediately taken up and impounded for a period of ten (10) days. The animal shall be impounded in Pike County, Missouri, by the animal's owner with a veterinarian of the owner's choice. It shall be unlawful for the animal's owner to refuse to so impound the animal. If the animal's owner does not impound the animal, the Animal Control Officer is authorized to impound the animal and deliver said animal to a veterinarian for impoundment. If within the period of ten (10) days the animal does not develop hydrophobia or rabies, it may be redeemed by the owner upon payment of the impoundment fees and the boarding fees charged by the veterinarian. If such animal is not redeemed at the end of such ten-day period, after expiration of the ten-day period, it shall be disposed of as provided in this Chapter. If such animal does develop rabies during the period of time it is confined, it shall be the duty of the Animal Control Officer to cause such animal to be examined by a licensed veterinarian, but not to be released by said veterinarian without prior notice to the Animal Control Officer and his/her written consent thereto. Any other warm-blooded animal which bites, injures or attacks any person may, upon an order of the Municipal Judge, be impounded and humanely euthanized and the brain and/or other structures submitted for rabies diagnosis. Any animal, which during its ten (10) days of confinement dies, shall be subject to a reasonable examination for the existence of rabies if there has been any exposure to human beings.
[Ord. No. 1848 §§ I — II, 8-21-2017]
In the event the owner of any animal does not pay the veterinary fees required and the impoundment fees to the veterinarian, the City shall reimburse the veterinary clinic for the actual costs of impoundment and the City is thereafter empowered to collect from the animal's owner the veterinary fees, together with interest at the rates provided by law from and after demand, the impoundment fees called for by this Chapter and in the event the City is required to file a suit to collect these fees, their reasonable attorney's fees and court costs shall be assessed against the owner.
In the case of an animal protecting its owner or his/her property or a provoked attack in which the animal is otherwise in compliance with this Chapter, this Section shall not apply. Any trained dog maintained and utilized by the Bowling Green Police Department as a Police dog which has been vaccinated against rabies as required by this Code and which, while in the control or direction of the City Police Department, attacks any person shall be examined, impounded or tested as the City's veterinarian deems appropriate. Any trained dog maintained and utilized by the Bowling Green Police Department as a Police dog without vaccination against rabies required by this Code which bites or attacks or injures any person when not under the control or direction of the Bowling Green Police Department shall be impounded as set out in the required Section for impoundment.
[CC 1996 §215.090; CC 1977 §73.070]
Any animal, which has become dangerous and uncontrollable by reason of terminal injury or wounding and which cannot be safely taken up and impounded, may be killed by the Animal Control Officer or any Police Officer of the City if, in his/her judgment, such is reasonably necessary.
It shall be unlawful to own, keep or harbor a vicious dog in the City of Bowling Green 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 1996 §215.130; CC 1977 §73.210; Ord. No. 1065 §I, 12-7-1998]
It shall be unlawful for the owner or keeper of any female dog or feline to suffer or permit such dog or feline to run at large during such time as the dog or feline is in heat. During such time the owner and/or keeper of said female dog or feline shall keep such dog or feline in an enclosure which is non-accessible to dogs or felines running at large and in the event that male dogs or felines congregate at such location, shall be responsible for and liable to the owner of any property which is damaged by said male dogs or felines who may so congregate. If a female dog or feline, while in heat, is found running at large, it shall be the duty of the Animal Control Officer to impound said female dog or feline pursuant to the provisions of this Chapter.
[CC 1996 §215.140; CC 1977 §73.220; Ord. No. 1065 §I, 12-7-1998]
Any person, firm, partnership or corporation owning, keeping, harboring or protecting more than three (3) dogs or felines over the age of three (3) months shall be classified as operating a kennel.
No commercial kennels shall be permitted within the corporate limits of the City of Bowling Green, Missouri. A "commercial kennel" shall be a kennel which performs grooming or training services for animals, and may or may not render boarding services in return for a consideration.
Any person, firm, partnership or corporation desiring a permit to operate a non-commercial kennel within the City of Bowling Green, Missouri, shall, prior to operating and annually thereafter, procure a permit therefor by applying to the City Clerk for such annual permit, which permit shall not be issued until countersigned and approved by the Animal Control Officer after an inspection of the proposed premises. The inspection shall insure that the proposed location will not be a nuisance to the neighborhood. Proof of rabies vaccination and City license is necessary on each animal to purchase said permit. The City Clerk shall charge and collect a fee of thirty-five dollars ($35.00) for such permit.
A "non-commercial kennel" is the keeping of more than three (3) dogs over the age of three (3) months for the private enjoyment of the operator with no business purpose, no breeding or sales.
In the event that after a permit is issued the Animal Control Officer determines that the operation of the "non-commercial kennel" has become a nuisance to the neighborhood, said permit may be revoked by the Animal Control Officer and the continued operation thereafter shall be unlawful.
All areas shall be maintained in a clean, healthy and humane manner, free of all offensive odors, sounds and nuisances. Any violation of same shall subject the owner or operator to a citation for violation of this Chapter as well as being grounds for the Animal Control Officer to revoke the permit.
All dogs or felines shall be confined in suitable pens at said area and shall not be permitted to run at large and shall be restrained by a leash or other restraining device, as well as accompanied by a person over the age of fourteen (14) years at all times when they are outside of the enclosed pen.
All persons, firms, partnerships or corporations now operating a non-commercial kennel according to the definitions and conditions set forth herein shall apply for the permit required hereunder within sixty (60) days of the date of enactment of this Section and shall comply with all provisions hereof within said sixty (60) days. Permit shall include tags. Dogs and felines at large must show tags. Proof of rabies vaccination is necessary to purchase permit.
The Animal Control Officer shall notify the City Clerk of the revocation of any permit hereunder and the City Clerk shall cause a written notice of such revocation to be delivered to the licensee by regular United States mail, postage prepaid, addressed to the address contained on said license. Further operation of the non-commercial kennel by the licensee after ten (10) business days of the date of said notice shall be unlawful and constitute a violation of this Chapter and subject said person to the penalties of Section 100.220 of the Bowling Green, Missouri, City Code for each and every day of violation.
[CC 1996 §215.150; CC 1977 §73.300]
Except for licensed veterinarians and permitted abattoir, it shall be unlawful to keep, harbor, own, maintain or in any way possess within the corporate limits of the City of Bowling Green, Missouri:
[CC 1996 §215.160; CC 1977 §73.350]
No diseased animal shall be brought into the City, other than directly to the offices of licensed veterinarians.
It shall be the duty of the Animal Control Officer to secure the proper disposition of any diseased animal and to provide such treatment of any infected premises so as to prevent the communication and spread of the contagion or infection, except where the owner of the animal employs a licensed veterinarian to provide such treatment.
Any person owning or knowing of any animal afflicted with a suspected or confirmed contagious or infectious disease shall promptly report such information to the Animal Control Officer.
[Ord. No. 1141 §I(215.161), 4-10-2000]
All cases of rabies occurring within the City shall be reported to the Police Department. It shall be unlawful for the owner or harborer of any animal to refuse or fail to promptly surrender any animal suspected of being affected by rabies. Any animal suspected of being affected by rabies shall be seized by the Animal Control Officer and handled according to the most recently published compendium on rabies. If in the opinion of the Health Officer danger of rabies epidemic exists, legal notice shall be used to inform all owners and harborers of animals to confine or securely muzzle their animals for such period of time as shall be designated in the published notice.
[CC 1996 §215.170; Ord. No. 1227 §III, 6-18-2001]
Any dog which unduly disturbs the quiet and peace of any person or neighborhood, molests passersby, chases vehicles or bicycles, attacks other domestic animals, trespasses upon school ground, trespasses upon private property in such a manner as to damage property or which shall bite any person or injure any person shall be deemed a nuisance.
Any feline which unduly disturbs the quiet and peace of any person or neighborhood, molests passersby, attacks other domestic animals, trespasses upon school ground, trespasses upon private property in such a manner as to damage property or which shall bite any person or injure any person shall be deemed a nuisance.
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.
[Ord. No. 1709 §§I — II, 11-19-2012]
Any person who shall cruelly overwork any domestic animal or shall cruelly drive or work the same when unfit for labor, or shall abandon the same to die, or shall beat, ill-treat, torment or cause injury or unnecessary pain to any animal, or shall carry or cause the same to be carried, moved or kept in or upon any vehicle in a cruel or inhumane manner, or shall impound or confine or cause to be impounded or confined in any place any animal or creature and fail to supply the same during such confinement with the following:
A structurally sound, properly ventilated, sanitary, dry and weather-proof shelter suitable for the species, age and condition of the animal, which is free of litter or hazardous substances and objects and which provides access to shade from direct sunlight and regress from exposure to inclement weather conditions;
Wholesome foodstuffs suitable for the species which is provided at suitable intervals in a sanitary manner in quantities sufficient to maintain good health in the animal considering its age and condition;
Constant access or access at suitable intervals to a supply of clean, potable, unfrozen water, provided in a sanitary manner and in sufficient amounts for the species to maintain good health in the animal; and
Normal and prudent attention to the needs of the animal, including all necessary immunizations, sufficient exercise and rest to maintain good health and the provision to each sick or injured animal of the necessary veterinary care or humane death;
Less than ten (10) feet in length of a restraining device such as a chain, cable or similar attachment restricting movement so that the ability of the animal to move about is unduly restricted.
Penalties for violation of this Section are as provided for in Section 100.220 of the Municipal Code of the City of Bowling Green, Missouri. Nothing in this Section shall be construed so as to prevent a person from taking whatever action is necessary to defend himself or herself, another individual or an animal when endangered by an animal attack.
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.
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.