City of Excelsior Springs, MO Animals and Fowl

ADEQUATE CARE: Sufficient good and wholesome food and water; proper shelter for the species with insulation if necessary for protection from the weather; adequate bedding; and the opportunity for adequate daily exercise.

ANIMAL: Any live, vertebrate creature, domestic or wild, other than humans.

ANIMAL SHELTER: The facility or facilities operated by Excelsior Springs, Missouri, or its authorized agents for the purpose of impounding or caring for animals held under the authority of this Chapter or State law.

AT LARGE: Any dog or miniature pig shall be deemed to have been permitted, suffered or allowed by its owner, keeper or harborer to run at large when found outside of the residence structure of the owner, keeper or harborer and not effectively physically restrained on a chain or leash or behind a suitable fence or other proper method of physical restraint from which it cannot escape.

COMMERCIAL ANIMAL ESTABLISHMENT: Any pet shop, grooming shop, auction, riding school, stable, kennel, guard dog service, dog trainer, business keeping animals in stock for retail or wholesale trade, or any establishment performing one or more of the principal activities of the aforementioned establishments.

DANGEROUS ANIMAL: Any animal having a disposition or propensity to attack or bite any person or other animal without provocation, or which is wild by nature and of a species which, due to size, vicious nature or other characteristics, constitutes a danger to human life, physical well-being, or property.

DANGEROUS DOG

Any dog that constitutes a physical threat to human beings or other animals, or has a disposition or propensity to attack or bite any person or other animal without provocation, or a dog of a species which, due to size, vicious nature or other characteristics, constitutes a danger to human life, physical well-being, or property; or any dog which has been known to bite or attack a human being or other domestic animals without provocation one (1) or more times;

Any dog which, according to the records of the Supervisor of Animal Control, has killed a domestic animal without provocation while off the owner's property; or

Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.

FOWL: Any and all fowl, domesticated and wild, male and female, single and plural.

HARBORING: Any person who offers asylum, refuge, or sanctuary to any animal on a basis so temporary as to not be deemed to be owning or keeping shall be deemed to be harboring.

INDIVIDUAL: Shall mean one adult and competent human.

KENNEL LICENSE (PERMIT): A kennel license is necessary for the care, breeding, showing or sale of dogs, cats or miniature pigs by an adult natural person who maintains a hobby-kennel or hobby-cattery containing more than two (2), but not more than ten (10), animals over the age of six (6) months on the lot on which he or she is resident or on a contiguous lot, which lot or lots are not zoned for business.

LARGE ANIMAL: Any swine, (other than domestic miniature pigs) bovine, goat, sheep, beast of burden or any other domestic or wild animal of a similar or larger size.

LICENSE TAG: Any system or systems of animal identification approved by the Finance Director which do not involve alteration or permanent marking of an animal.

MINIATURE PIG: Any breed of domestic swine not exceeding one hundred (100) pounds in weight at maturity commonly known as Vietnamese Pot Bellied Pig, or any swine not exceeding one hundred (100) pounds in weight at maturity which has the appearance and characteristics of being predominantly of set breed of swine.

OWNING OR KEEPING: Any person who feeds or shelters any animal for three (3) or more consecutive days or who professes ownership of such animal shall be deemed to be owning or keeping.

PERSON: A human being.

PIT BULL DOG

Staffordshire Bull Terrier breed of dog;

The American Pit Bull Terrier breed of dog;

Dogs of mixed breed or of other breeds than above listed which breed or mixed breed is known as Pit Bulls, Pit Bull dogs or Pit Bull Terriers;

Any dog which has the appearance and characteristics of being predominantly of the breeds of the Staffordshire Bull Terrier, American Pit Bull Terrier, American Staffordshire Terrier; any other breed commonly known as Pit Bulls, Pit Bull dogs or Pit Bull Terriers, or a combination of any of these breeds.

PUBLIC NUISANCE: Any animal (or group of animals which contains any animal) which:

SMALL ANIMAL: Any animal not within the definition of large animal, but including all dogs without reference to size.

SUPERVISOR OF ANIMAL CONTROL: The use of this Title throughout this Chapter shall be a reference to the Supervisor of Animal Control and staff assigned to work under the direct control of the Supervisor of Animal Control who may act through staff to perform any duty under this Chapter unless otherwise specifically stated.

VETERINARY MEDICAL CARE FACILITY: A facility which has the primary function of providing medical care for animals and is operated by a currently licensed veterinarian.

WILD ANIMAL: Any animal which is predominantly free roaming as opposed to domesticated.

Section 210.020 Duty of Supervisor of Animal Control.

[R.O. 2012 §210.020; Ord. No. 87-10-2 §1, 10-5-1987]

Except where otherwise provided, it shall be the duty of the Supervisor of Animal Control under the direction of the Chief of Police to administer and enforce the provisions of this Chapter directly or through staff assigned to be supervised by said Supervisor of Animal Control.

Section 210.030 Duty of the Police Department.

[R.O. 2012 §210.030; Ord. No. 87-10-2 §1, 10-5-1987]

It shall be the duty of the Police Department to enforce the provisions of this Chapter, and to assist the Supervisor of Animal Control in enforcing the provisions of this Chapter.

Section 210.040 Supervisor of Animal Control — Records.

[R.O. 2012 §210.040; Ord. No. 87-10-2 §1, 10-5-1987]

The Supervisor of Animal Control shall keep a record in which he/she shall enter all his/her official transactions. Such record shall be open to the inspections of any person as authorized or limited by the Revised Statutes of Missouri, particularly Chapter 610, RSMo., and such other enactments as may be or become applicable.

Section 210.050 Impoundment and Violation Notice.

[R.O. 2012 §210.050; Ord. No. 87-10-2 §1, 10-5-1987]

Any unrestrained dog or any animal defined as a public nuisance by this Chapter may be taken by the Police or Animal Control and impounded in the animal shelter or at a designated holding place and be there confined in a humane manner pending further action pursuant to this Chapter or other law. If an owner or keeper is present, in lieu of impoundment a General Ordinance Summons may be issued to that person and said person may retain possession of the animal if it is the belief of the officer issuing such summons that such possession is not in conflict with any other Section of this Chapter.

Whenever any animal is confined by authority of this Chapter, it shall be the duty of Animal Control to release the same upon satisfactory proof that the party claiming the animal is entitled to possession thereof and upon payment to the City Treasurer of all applicable fees prescribed by Section 210.310 and the fee for any license that may be required by this Chapter.

Section 210.060 Notification of Capture and Impoundment.

[R.O. 2012 §210.060; Ord. No. 87-10-2 §1, 10-5-1987]

After the impoundment of any animal where a General Ordinance Summons has not been issued to the owner or keeper, Animal Control shall promptly notify the owner of such animal of its impoundment if the owner can be determined and located by reasonable investigation; however, no liability shall attach to the City or to the Supervisor of Animal Control or his/her staff for failure to give such notice. The owner of an impounded animal who does not redeem his/her animal may still be proceeded against for violation of any applicable Section or Sections of this or any applicable ordinances.

Section 210.070 Powers of City Manager (or His/Her Designate).

[R.O. 2012 §210.070; Ord. No. 87-10-2 §1, 10-5-1987]

In the event that the City Manager or his/her designate determines that a rabies or other zoonotic disease control emergency exists, he/she shall so declare, stating the boundaries of the affected area and he/she is hereby empowered to issue emergency regulations and take all steps necessary within the provisions of this Chapter and State law to abate the threat. Such emergency steps and regulations shall be in effect only during the period of the declared emergency.

The City Manager or his/her designate is hereby empowered to issue standing regulations for rabies and zoonotic control that he/she finds necessary to protect the public health which standing regulations shall be filed with the City Clerk. Such regulations shall be in keeping with the U.S. Public Health Service guidelines and Missouri State Law.

Section 210.080 Permit for Elimination of Pests.

[R.O. 2012 §210.080; Ord. No. 87-10-2 §1, 10-5-1987]

The City Manager (or his/her designate) is hereby authorized to issue a permit for the elimination of squirrels, starlings, or pigeons to any owner or owner's authorized agent, lessee, or tenant of real estate in the City frequented by squirrels, starlings, or pigeons in numbers the Director believes to be sufficient to create a public nuisance on such real estate; or, in cases where such public nuisance exists in a district of the City such permit may be issued to a duly licensed pest control or exterminating company for such district which shall be defined on such permit. No permit shall be issued for a longer period than thirty (30) days. Retention of any such permit shall be conditioned upon continuing compliance with advisory instructions issued and regulations adopted by the City Manager or his/her designate dealing with such activity, which regulations the City Manager is hereby authorized and directed to promulgate and to adopt by filing them with the City Clerk, which regulations shall govern the trapping and disposal of squirrels, starlings, and pigeons and shall be designed to ensure humane and sanitary methods for such and for the protection of public health.

Section 210.090 Dangerous and Prohibited Animals.

[R.O. 2012 §210.090; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.090, 11-4-1991]

The keeping or harboring of dangerous animals other than dogs within the City is hereby prohibited. Other than as to dogs which are regulated by Section 210.250, the Supervisor of Animal Control shall have the authority to declare an animal dangerous because of past behavior, violations, or the inherently dangerous nature of the animal as to persons. Such a declaration shall be grounds for the impoundment and destruction of the animal unless, without danger to the public, it can be and is removed from the City within forty-eight (48) hours.

Within any residential area (for purposes of the Section here defined as any area not zoned for commercial, agricultural or industrial purposes), the keeping or harboring of any poisonous animal or any warm-blooded carnivorous or omnivorous animal (including but not limited to non-human primates, raccoons, skunks, foxes, leopards, panthers, tigers and lions, but excluding fowl, dogs, house cats miniature pigs and small rodents of varieties used for laboratory purposes) is hereby prohibited. Non-poisonous snakes shall be kept in locked escape-proof cages except when being handled. No snake shall be permitted by the owner, keeper or handler to escape from a cage or while being handled.

Section 210.100 Private Property Rights.

[R.O. 2012 §210.100; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.100, 11-4-1991]

In the interest of public health, safety and the general welfare, to regulate or prohibit the keeping or running at large of any animal or fowl, any person keeping or harboring any animal or fowl in the City by so doing does thereby authorize the Supervisor of Animal Control to enter without warrant upon private property he/she owns or controls where such animal or fowl is to be found, in plain sight, other than within any residence structure, for the purpose of enforcement of this Chapter and to seize such animal from said private property to abate ordinance violation.

By the authority of this Section, any animal that is deemed by the Supervisor of Animal Control to be cruelly mistreated in violation of this Chapter or suffering, may be seized from the property of its owner or keeper to abate the mistreatment or the suffering of that animal and it may be confined at the Municipal Animal Shelter or other appropriate facility for disposition under the terms of this Chapter.

Any animal that has possibly exposed a person to rabies through a bite wound or other tissue invasion and that is found on the property of the owner or keeper may be removed from that property by an Animal Control Officer if such owner or keeper is not available, willing and able to surrender the animal for the observation required by Section 210.360 or 210.370 of this Chapter.

Any female dog or miniature pig in season and not confined in a building or solid enclosure as required by Section 210.280 of this Chapter may be removed from the property of the owner or keeper to abate such nuisance.

Any dog or miniature pig on the property of an owner or keeper that is roaming free or that is not effectively physically restrained shall be deemed to be in violation of Section 210.290 and may be removed from that property.

Section 210.110 Animal Neglect or Abandonment.

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.

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.

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. This Section shall not apply to the provisions of Section 578.007 or Sections 272.010 to 272.370, RSMo.

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.

Section 210.120 Keeping Livestock and Wild Beasts.

[R.O. 2012 §210.120; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-4-7 §1, 4-1-1991; Ord. No. 91-11-2 §210.120, 11-4-1991]

It shall be unlawful for any person to keep, maintain or harbor any hogs, pigs or other members of the swing specie of animals other than domestic miniature pigs within the City.

No livestock, as used herein "livestock" includes, but is not limited to the following animals: Horses, mules, cattle, sheep, goats, or wild animals of similar or larger size shall be kept, maintained, pastured or fed within two hundred (200) feet of the nearest portion of any building in any way used by human beings, other than the dwelling occupied by the owner or keeper of any of such animals. Beyond this limitation of two hundred (200) feet, not more than two (2) of the aforesaid animals shall be kept, provided that the limitation of two (2) horses shall not apply to horses used in a commercial business and licensed as such by the ordinances of this City, or when land is zoned for agricultural use, a maximum of two (2) animals may be allowed at the property line while the concentration of livestock shall maintain the two-hundred (200) foot distance specified herein and shall not exceed one (1) animal per two (2) acres of land. Stables, coops, pens or other structures for the housing of any of the aforementioned animals shall comply with all zoning restrictions.

Livestock shall not be allowed to run at large and when legally kept must be restrained in a manner and by such means as will prevent such animals from escaping, straying or running at large. Gates used to restrain livestock shall be kept closed with a chain and padlock to minimize vandalism.

All manure accumulations in the area where livestock and other animals are kept, shall be removed, stored or disposed of in such a manner as to prevent attracting flies or the spread of disease.

Wild animals not prohibited from being kept as pets shall also be so kept in compliance with the Statutes, regulations and treaties of the State of Missouri and the Federal Government.

Section 210.130 Small Animals and Fowl in Pens.

[R.O. 2012 §210.130; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.130, 11-4-1991]

It shall be unlawful for any person to keep, harbor, or maintain any animals or fowl of any type except dogs, cats or miniature pigs within the City unless the zoning classification for that area containing the owner's property is classified Agricultural District A-1 pursuant to Excelsior Springs Zoning Regulations.

Location And Restraint Required. It shall be unlawful for any person to keep or maintain any chicken coop, dove cote, rabbit hutch or other yard establishment for the housing of fowl or small animals, except dogs, cats or miniature pigs closer that one hundred (100) feet to the nearest portion of any building occupied by or in any way used by human beings, other than the dwelling occupied by the owner or keeper of the animals or fowl, or closer than twenty-five (25) feet to the property line of the lot on which such fowl or animals are kept for sale within a bona fide produce market, commission house or store for purposes of trade and while so kept are confined in small coops, boxes or cages, or where such animals or fowl are kept for purposes of research in a laboratory. Animals and fowl so kept or maintained shall be enclosed on all sides and shall not be allowed to run or fly at large except for homing pigeons.

Odors. Every coop, dove cote, rabbit hutch or other yard establishment shall be kept so that no offensive, disagreeable or noxious smell or odor shall arise therefrom to the injury, annoyance or inconvenience of any inhabitants of the neighborhood.

Disposal Of Manure. Every coop, dove cote, rabbit hutch or other yard establishment shall be provided with a watertight and fly tight receptacle for manure, of such dimension as to contain all accumulations thereof, which receptacle shall be emptied sufficiently often and in such manner as to prevent its becoming a nuisance. Such receptacle shall be securely covered at all times, except when open during the deposit or removal of manure or refuse therefrom. No manure shall be allowed to accumulate except in such receptacle. All such manure, when removed from the receptacle, shall be buried with covering of not less than six (6) inches of earth, or if used as fertilizer, thoroughly spaded into the ground, or shall be removed from the property.

Fowl — Maintenance Of Enclosures. All earthen yards of runways wherein fowl are kept or permitted to be shall be spaded and then limed once every three (3) months from the month of April through the month of December. For the purpose of killing flies and other insects, all structures, pens or coops wherein fowl are kept or permitted to be shall be sprayed with such substances as will eliminate such insects.

Condition Of Enclosure. Any structure, pen, coop, or yard wherein animals or fowl are kept or permitted to be shall be maintained in a clean and sanitary condition, devoid of all rodents and vermin, and free from objectionable odors. The enclosed area of all such structures shall be constructed in such a way as to be dry at all times on the inside. The person maintaining any aforementioned structure, pen, coop, or yard in the City does by such act of maintenance authorize the City Manager or his/her designate to at any time inspect any such structure or premises and issue any such order as may be necessary to carry out the provisions of this Section.

Number Of Animals, Fowl. Except where fowl, rabbits, or other small animals are kept for sale within a bona fide produce market, commission house, or store for the purpose of trade and while so kept are confined in small coops, boxes or cages; or where such animals or fowl are kept for the purposes of research in a laboratory; or in areas zoned for agricultural use; it shall be unlawful for any person to keep or maintain, within one hundred (100) feet of the nearest portion of any dwelling or other building occupied by or in any way used by human beings except for a dwelling occupied by the owner or keeper of such animals, more than fifteen (15) chickens or other domestic fowl four (4) months or more of age or thirty (30) chicks or other domestic fowl under four (4) months of age, or more than ten (10) rabbits, or other small animals over the age of four (4) months, or more than twenty (20) rabbits or other small animals under the age of four (4) months. No rooster which crows shall be kept within three hundred (300) feet of any residence or dwelling except that of the owner or keeper.

As to the keeping and harboring of chickens or other domestic fowl for whatever purpose maintained, the City Manager (or his/her designate) shall have authority to promulgate regulations to provide that such shall be kept in such a manner as to prevent a nuisance or health hazard.

Section 210.140 Animal Abuse. [1]

[R.O. 2012 §210.140(D); Ord. No. 87-10-2 §1, 10-5-1987]

A person is guilty of animal abuse if 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 which results in substantial harm to the animal.

No person shall offer to give or give a live animal as a prize or as a business inducement.

[1]

Note — Under certain circumstances this offense can be a felony under state law.

Section 210.145 Animal Trespass.

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.

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.

Section 210.150 Dog Pens, Runs, Cages — Odors.

[R.O. 2012 §210.160; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.160, 11-4-1991]

Every pen, run, cage or other yard establishment wherein any dog or miniature pig is kept shall be maintained so that no offensive, disagreeable or noxious smell or odor shall arise therefrom to the injury, annoyance or inconvenience of any neighbor.

Section 210.160 Disposal of Manure.

[R.O. 2012 §210.170; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.170, 11-4-1991]

All manure accumulations in any pen, run, cage or yard establishment wherein a dog or miniature pig is kept shall be removed or disposed of in such a manner as to prevent the breeding of flies.

It shall be unlawful for the person in control of a dog or miniature pig to allow the animal to deposit manure on public property or on the private property of another person.

The owner or keeper of every animal, when such animal is off the property controlled by the owner or keeper, shall be responsible for the removal of any excreta deposited by such animal on public walks, streets, recreation areas, or private property and it shall be a violation of this Chapter for such owner or keeper to fail to remove or provide for the removal of such excreta before taking an animal from the immediate area where such excretion occurred.

Section 210.170 License, Required for Dogs, Cats and Miniature Pigs.

[R.O. 2012 §210.180; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.180, 11-4-1991]

It shall be the duty of every person owning, keeping or harboring in the City any dog, cat or miniature pig over one hundred twenty (120) days old to procure a license therefor from the City Manager or his/her designate. The receipt issued for the license shall constitute a certificate of registry and evidence of licensure for the keeping of such animal within the City. The City Manager may delegate authority to the Supervisor of Animal Control to enforce any Section of this Chapter requiring licensure.

Section 210.180 Non-Residents.

[R.O. 2012 §210.190; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.190, 11-4-1991]

Any other Section of this Chapter notwithstanding, the licensing provision of this Article shall not apply to any non-resident owner or keeper of a dog, cat or miniature pig while such non-resident is passing through the City, provided such animal shall remain on leash or otherwise effectively physically restrained as in a closed vehicle.

Section 210.190 License Fee — Exception.

[R.O. 2012 §210.200; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.200, 11-4-1991]

For the issuance of each dog, cat or miniature pig license required by this Chapter, the owner or keeper shall pay to the City such license fee as is provided for in Section 210.430, except that when any such owner, keeper, or other applicant for such license shall submit such proof as may be required by the City Manager or his/her designate that a dog is fully trained as a "seeing eye dog" or a "hearing dog" and is regularly used in the service of a blind or deaf person or that a dog is owned by a governmental unit, then such license shall be issued without the payment of such fee.

Section 210.200 Licensing Period.

[R.O. 2012 §210.210; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.210, 11-4-1991]

The licensure evidenced by the certificate of registry shall entitle an owner or keeper to keep the licensed dog, cat or miniature pig in the City until January second (2nd) next following the date of issuance of the license and certificate.

Section 210.210 Certification of Immunization — Licensure Prerequisite.

[R.O. 2012 §210.220; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.220, 11-4-1991]

Before the City Manager or his/her designate issues any license or tag for a dog, cat or miniature pig, the owner or keeper thereof shall file with the City Manager or his/her designate a certificate from a licensed veterinarian showing that within three hundred and sixty-five (365) days next preceding the issuance of such license, the dog, cat or miniature pig was immunized against rabies. The owner will also submit satisfactory proof (such as a certificate from a licensed veterinarian) to the City Manager or his/her designate as to whether or not a dog, cat or miniature pig has been spayed or neutered if it is desired to obtain a license at the lower rate applicable to spayed or neutered animals.

Section 210.220 Records of Dog, Cat and Miniature Pig Registration.

[R.O. 2012 §210.230; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.230, 11-4-1991]

The City Manager or his/her designate shall keep a record for a period of three (3) years giving the name and address of the owner or keeper of each licensed dog, cat or miniature pig and the number of the certificate of registry, together with a general description of the dog or cat.

Section 210.230 Wearing of License or Identification Tags Required.

[R.O. 2012 §210.250; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.250, 11-4-1991]

No owner or keeper of any licensed dog or miniature pig shall allow or permit such animal to be outside the residence of said owner or keeper at any time without having attached to a collar about the neck of such animal or to a secure body harness the license tag provided for in Section 210.170; except when such dog is being handled in the course of an organized dog training or exhibition program.

The owner or keeper of any licensed cat shall either attach the license tag provided for in Section 210.170 to the animal with a neck collar or secure body harness or the owner or keeper shall retain such tag in possession at his/her residence and shall display the tag upon request of any Police Officer or animal control officer.

No person shall remove, or cause to be removed, the collar, harness or the license tag from any registered dog, cat or miniature pig without the consent of the owner or keeper thereof.

Section 210.240 Limitation on Number of Dogs, Cats.

[R.O. 2012 §210.260; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.260, 11-4-1991; Ord. No. 92-12-2, 12-7-1992]

It shall be unlawful and a public nuisance for any person in charge of a residence to keep or allow to be kept more than two (2) dogs or two (2) cats, for a total of four (4) such animals in number, over the age of ninety (90) days at such residence unless the residence or all of the animals there are within one (1) or more of the following exceptions.

The residence is licensed as a commercial animal establishment.

All of the animals over ninety (90) days of age kept at the residence are licensed as required under this Chapter and the person in charge of the residence upon the request of any Excelsior Springs Animal Control Officer or Police Officer presents for inspection certificates of registry for all such animals showing continuous licensure for all such animals from October 1, 1985, onward.

The individual in charge of the residence has a current kennel or cattery permit in which case the number of animals shall not exceed ten (10) over the age of one hundred eighty (180) days.

When animals in excess of the limit established in the proceeding Subsection are found at a residence, all of the animals found at the residence may be removed to the Municipal Animal Shelter to be handled in accordance with 210.300, except that the person in charge of the residence, if present, may designate and retain up to two (2) licensed dogs and two (2) licensed cats.

Section 210.250 Dangerous Dogs.

[R.O. 2012 §210.270; Ord. No. 87-10-2 §1, 10-5-1987]

A dog may be declared dangerous because of any one or more of the following:

Any dog of a cross, ferocious, or dangerous disposition as evidenced by past behavior.

Any dog which is of a species size, vicious nature, or other characteristics, that would constitute a threat to physical well being of human or animal life.

Any dog which is of a species, size, vicious nature or other characteristics that would constitute a danger to public or private property.

Any dog which has the disposition or propensity to attack unprovoked.

Any dog which has without provocation bitten a human being one (1) time.

The following constitutes prima facie evidence of a dangerous dog:

Records of Animal Control or the Police Department show a past history of violations of Subsection (A) (1 — 4).

Evidence is presented in a Court of competent jurisdiction and a judgement is entered into the Court record indicating the dog is considered by the Court to be a dangerous dog.

An incident occurs during which a serious injury, and/or death results.

Any dog found to be a dangerous dog under Subsection (A) (1 — 4); or Subsection (B) (1 — 2) shall be required to be controlled under the following standards:

Leash. No person shall permit a dangerous 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.

Confinement. When not on a leash being physically controlled by a person a dangerous dog shall be securely confined in a locked pen or kennel consisting of a structure which has secure sides and a secure top attached to the sides, and either a secure bottom attached to the sides or the sides of the pen must be embedded in the ground at least two (2) feet. Such enclosures shall adhere to all building and zoning regulations of the City. All such enclosures must be adequately lighted and ventilated and kept in a clean and sanitary condition.

Confinement indoors. No dangerous dog may be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such dog 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. A conspicuous notice shall be posted consisting of a notice stating in two (2) inch high print on a two by three (2x3) feet sign, "Dangerous Dog".

Any dog found to be a dangerous dog under Subsection (A) (5); or Subsection (B) (3) may be humanely killed as directed by a Court of competent jurisdiction if it is found that the dog is too great a threat to human or animal life to be released to the owner, keeper, or harborer.

The Animal Control Officer or Police Department may take control of and remove to the Animal Shelter or other facility providing adequate shelter, food, and medical care, any dog that is involved in an incident where the owner, harborer, or keeper has been issued a summons for a violation of any Section of Chapter 210 until such time as the court disposes of the case involving the dog(s) in question. Within twenty-four (24) hours of the final disposition of the case, the animal in question must be returned to the owner, harborer, or keeper and any applicable provisions of Chapter 210 shall apply.

The Animal Control Officer or the Police Department may destroy a dangerous dog as a last resort if it is not reasonably possible to catch the dog without injury and/or death to human or animal life or damage to public or private property within the City.

It shall be unlawful for any owner, harborer, or keeper to fail to comply with any Subsection of this Section. Failure to comply may result in the immediate impoundment of the dog(s) in question and revocation of their license.

Biting Dogs Running At Large. It shall be unlawful for any person owning, keeping or harboring any dog to permit, suffer or allow said dog to run at large within the City; and if said dog causes injury to a human by biting or scratching while running at large, said owner, keeper or harborer shall upon conviction be punished pursuant to this Section and Section 210.400(A).

Penalty Section. Any violation of any parts of this Section shall be punishable pursuant to Section 210.400(A).

Section 210.260 Excessive Animal Noise.

[R.O. 2012 §210.280; Ord. No. 87-10-2 §1, 10-5-1987]

No person shall own or keep any animal which by making excessive noise disturbs a neighborhood. The following definitions and conditions shall be specially applicable to enforcement of the aforesaid prohibition of this Section:

The phrase "Excessive noise" shall mean and include any noise produced by an animal which is so loud and continuous or untimely as to disturb the sleep of a neighbor.

The term "Neighbor" shall mean an individual residing in a residence structure which is within one hundred (100) yards of the property on which the animal is kept or harbored and who does state that he/she will testify under oath to said animal making excessive noise.

If a General Ordinance Summons is issued charging violation of this Section, a subpoena shall also be issued to the disturbed neighbor to testify in the matter.

Section 210.270 Dogs or Other Animals Putting Persons in Fear or Being Maintained as Public Nuisances.

[R.O. 2012 §210.290; Ord. No. 87-10-2 §1, 10-5-1987]

No person shall own, keep or harbor any dog or other animal which by jumping upon or threatening any person upon a public street or sidewalk shall cause such person to be put in fear of injury. This Section shall apply to any animal running at large and to any animal while being walked on a leash, and the unprovoked attach by an animal on a leash upon any person shall constitute an assault or battery by the person holding the leash and failing to prevent unprovoked attack by such animal.

It shall be a violation to maintain any animal within the City as a public nuisance as such is defined by the common law of Missouri, the Statutes of Missouri or the ordinances of this City.

Section 210.280 Dog in Heat.

[R.O. 2012 §210.300; Ord. No. 87-10-2 §1, 10-5-1987]

The owner, keeper or person harboring any female dog shall, during the period that such animal is "in heat", keep it securely confined and enclosed within a building except when out upon such person's premises briefly for toilet purposes while on leash or otherwise effectively physically restrained. For the purposes of the Section, "briefly for toilet purposes" shall consist of a maximum time of fifteen (15) minutes on each separate occasion.

Section 210.290 Dogs and Miniature Pigs Running at Large Prohibited.

[R.O. 2012 §210.310; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.310, 11-4-1991]

It shall be unlawful for any person owning, keeping or harboring any dog or miniature pig to permit, suffer or allow said animal to run at large within the City.

A legally blind person using a "seeing eye dog" in the customary manner shall be deemed to be in compliance with this Section.

Official use of dogs by any governmental unit shall be deemed in compliance with this Section.

Section 210.300 Disposition of Animals.

[R.O. 2012 §210.320; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.320, 11-4-1991; Ord. No. 92-12-2, 12-7-1992; Ord. No. 14-07-05 §§4 — 5, 7-21-2014]

Impounded animals shall be kept for not less than one (1) week except:

When given by an owner, keeper or harborer, to be disposed of, the animal shall be held until the next calendar day before making disposition. The fee for this disposition shall be as specified in the Schedule of Fees, Title I, Appendix A.

When an animal arrives at the shelter in so sick or injured a condition that in the judgment of the Supervisor of Animal Control or a licensed veterinarian human compassion requires that the suffering be promptly ended, in such instance said time period shall not apply and the animal will be humanely killed to prevent needless suffering.

Whenever any animal shall remain in the animal shelter or at the place of impoundment of a designated representative for a period longer than one (1) week from the impounding of such animal (except those animals impounded under authority of Section 210.360 or 210.370, in which case said period shall begin upon the expirations of the applicable observation period therein provided) said animal shall be disposed of in a humane manner by the Supervisor of Animal Control.

The Supervisor of Animal Control may in lieu of having an unclaimed animal killed as provided herein, give such animal into the custody of any adult requesting custody (animal adoption) of such specific animal as a pet after viewing it, provided that in the judgement of the Supervisor said person will humanely care for such animal and will not permit its use for laboratory or experimental purposes.

No animal will be given to the custody of a person who, in the judgement of the Supervisor, is requesting the animal with the intent to sell it. Not more than two (2) animals may be given into the custody of any individual or family per year.

After selection of a animal, but prior to delivery of custody of the animal, the Supervisor of Animal Control shall collect appropriate fees as specified in the Schedule of Fees, Title I, Appendix A.

Any deposit provided for in Subsection (E) is forfeited to the City Treasury at the expiration of the applicable time limit for claim.

Section 210.310 Impounded Animals Fees.

[R.O. 2012 §210.330; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 92-12-2, 12-7-1992; Ord. No. 14-07-05 §6, 7-21-2014]

An impoundment fee shall be charged when any animal is picked up by the Supervisor of Animal Control and transported to the Animal Control Center or other City designated place of impoundment. The fee for impoundment is specified in the Schedule of Fees, Title I, Appendix A.

The fee for the care of any animal during the period of impoundment for each day or portion of a day that said animal is impounded shall be according to the Schedule of Fees, Title I, Appendix A.

Section 210.320 Zoo and Animal Show Operation.

[R.O. 2012 §210.340; Ord. No. 87-10-2 §1, 10-5-1987]

Nothing in this Chapter shall be construed to regulate the owning, keeping or display of animals by governmental entities nor to prohibit the customary and humane presentation of any circus, rodeo, horse or stock show, trained animal act, or other similar traveling or temporary animal display or act if conducted pursuant to all applicable City ordinances and State laws applicable at the time of occurrence.

Section 210.330 Dead Animals.

[R.O. 2012 §210.350; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 92-12-2, 12-7-1992; Ord. No. 14-07-05 §7, 7-21-2014]

Responsibility. The Supervisor of Animal Control or his/her designate shall be responsible for the removal of all dead animals found within the City except as otherwise provided in this Section. In this Section, "dead animals" shall mean one not killed for food or no longer fit for food.

Removal Of Large Dead Animals. All large dead animals shall be removed by the owner or proprietor of the premises within twelve (12) hours after the death of such animal. If not so removed, such animal shall be removed by the City Manager or Animal Control Officer at actual cost to the property owner or proprietor.

Removal Of Small Dead Animals. For the removal of small dead animals from animal hospitals, commercial establishments, laboratories and other similar places where animals are kept for commercial or scientific purposes the fee for each animal shall be according to the Schedule of Fees, Title I, Appendix A.

Charges. Charges for dead animals removal as required in Subsection (2 and 3) above are due and payable upon billing by the Director of Finance or his/her designate.

Access. On occupied property, the owner or the tenant thereof shall provide easy access to the subject animal for purposes of its removal.

Notice. No person owning or having in his/her possession the carcass of any animal not to be used for food shall permit the same to remain in or upon any street, sidewalk, park, public ground, private lot, or other place without at once giving notice to the Police Department.

Section 210.340 Animal Markets.

[R.O. 2012 §210.360; Ord. No. 87-10-2 §1, 10-5-1987]

No horse market shall be conducted or maintained in any block of ground in the City where a majority of the frontage of any side of such block is occupied and used for residential purposes. It shall further be unlawful to offer any animal for sale at auction, unless the same is done in a barn, stable or other covered enclosure. Where any animal is offered for sale at auction, the auctioneer so offering the same for sale shall first make a minute description of such animal in a wellbound book, which book shall be at all times open to inspection by any Officer of the City or Police Department.

Section 210.350 Commercial Animal Establishment Standards.

[R.O. 2012 §210.370; Ord. No. 87-10-2 §1, 10-5-1987]

Any person operating a commercial animal establishment shall keep and maintain the animals, and all structures, pens or yards in which the animals are kept, in such a manner as to prevent a nuisance or health hazard to humans and to avoid injury to these animals. All cages and holding areas must be properly sanitized so as to keep the animals enclosed therein free of diseases. All such caged animals shall be provided with a constant supply of wholesome food and water or in lieu of this, the proprietor shall prominently and publicly post and shall follow a schedule for adequate feeding and watering. All disease-infested animals shall be removed and treated to prevent the spread of disease or euthanized and if the owner or keeper fails or refuses to provide for such, the Supervisor of Animal Control may remove such animals to the Municipal Animal Shelter or appropriate facilities for disposition as provided by this Chapter.

Section 210.360 Human Exposures to Zoonotic Diseases by Animals.

[R.O. 2012 §210.380; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 14-07-05 §8, 7-21-2014]

Any bite wound exposing an individual to the possibility of rabies or other zoonotic disease thereinafter "incident" shall be immediately reported to the Excelsior Springs, Missouri Police Department by the victim and by the owner, keeper or harborer of the animal if the incident is known to him/her. Any animal bite which requires medical treatment shall be reported within twenty-four (24) hours to the Police Department by the treating physician or hospital caring for the patient. It shall be the duty of the Police Department to promptly notify the Supervisor of Animal Control of any such bite reported to the Police. It shall be unlawful for the owner, keeper or person harboring the animal involved in such incident to release it from his/her custody or to hide or conceal such animal or to take or allow such animal to be taken beyond the limits of the City unless so authorized by the Chief of Police or City Manager, until an observation period stipulated by the City Manager or his/her designate from the particular species of animal is over or such period is ruled unnecessary by the City Manager or his/her designate. It shall be the duty of such owner or keeper upon receiving notice of such incident to immediately place the animal involved in a duly licensed veterinary medical facility, the address of which must be furnished to the Supervisor of Animal Control at once, or in the Municipal Animal Shelter, or kept confined as agreed upon with the Animal Control Officer, where such animal shall be isolated and confined for observation. The owner or keeper of an animal involved in a biting incident shall be liable for the cost of confinement and observation. The fee for the confinement and observation in the City Animal Control Center shall be according to the Schedule of Fees, Title I, Appendix A. The death or any suspicious change in health or behavior of any such animal undergoing observation shall be reported immediately by the observing authority to the City Manager or his/her designated representative. In the event that a proper period of observation is undetermined or undeterminable for the species of animal involved in an incident, the City Manager or Chief of Police is hereby empowered to order whatever laboratory examination of the animal or the animal's issues is required by prudent medical practice for the protection of the victim and no liability for damages shall arise from any injury to or the death of the animal occasioned by said laboratory examination. When an animal involved in an incident is outside the City, the City Manager or the Supervisor of Animal Control shall forward information concerning the incident to the appropriate authority of the jurisdiction of residence of the owner, keeper or harborer of the appropriate State Health Department for coordinated disease prevention.

Section 210.370 Domestic Dog, Cat and Miniature Pig Bites Resulting in Human Exposure to Rabies.

[R.O. 2012 §210.390; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.390, 11-4-1991]

It shall be the duty of every owner or keeper of any dog, cat or miniature pig upon receiving notice or having knowledge of the involvement of his or her pet in a human exposure to the possibility of rabies or other zoonotic disease by biting (hereinafter "incident") to immediately place such animal in a duly licensed veterinary medical facility, the address of which must be furnished to the Supervisor of Animal Control at once, or in the Municipal Animal Shelter, where such animal shall be isolated and confined for observation for ten (10) consecutive days from and including the day of the incident. It shall be unlawful for the owner, keeper or person harboring the animal involved in such incident to release it from his/her custody or to hide or conceal such animal or to take or allow such animal to be taken beyond the limits of the City, unless so authorized by the City Manager or his/her designate, until the period of confinement and observation here required is completed. The owner or keeper of such animal involved in an incident shall be liable for the cost of confinement and observation. The death or any suspicious change in the health or behavior of any such dog, cat or miniature pig undergoing observation shall be reported as soon as possible by the observing authority to the City Manager or his/her designate. The City Manager or his/her designate is hereby authorized to authorize confinement other than described above as he/she finds medically appropriate, providing such animal will be controlled and observed in accordance with the owner's signed or verbal agreement, but only if such dog, cat or miniature pig has been vaccinated for rabies within the past twelve (12) months and is duly licensed as provided by this Chapter. Unless determined otherwise by the City Manager, exceptions to the aforesaid confinement may be granted by the Supervisor of Animal Control in the following cases:

Where a female dog is nursing unweaned puppies or a female cat is nursing unweaned kittens, or a female miniature pig is nursing unweaned piglets.

If the investigating Police Officer determines both:

That the incident occurred while the animal involved was confined and legally kept upon the property of the owner, and

That the person injured was upon the property without the express or implied consent of the owner and was not there performing functions of a job.

However, if the person injured in an incident or his/her parent or guardian in the case of a minor, desires that the animal be impounded (even though an exception to impoundment has been granted as aforesaid) and agrees in writing to pay for its board during the period of confinement, it shall be impounded in the manner and for the period specified earlier, unless determined otherwise by the City Manager or Chief of Police upon review of the facts and circumstances of the incident.

Section 210.380 Dangerous Animal Investigation.

[R.O. 2012 §210.400; Ord. No. 87-10-2 §1, 10-5-1987]

If any dangerous, fierce, or vicious dog, cat or other animal believed involved in an incident (as the term "incident" is used in Sections 210.360 and 210.370) cannot be safely captured or prevented from escaping by usual means, such animal may be slain by a Police Officer or animal control officer if such is the officer's belief. In all cases where such animal may have exposed a person to rabies and is slain before the completion of the observation period stipulated for the species by the City Manager or his/her designate, it shall be the duty of any person slaying such animal to forthwith deliver or cause to be delivered all the remains of such animal to the Supervisor of Animal Control. A departure from this procedure must be requested of and authorized by the City Manager or his/her designate.

For the purpose of disease or injury control, the Supervisor of Animal Control is hereby empowered to impound and observe pets in transit through Excelsior Springs, Missouri, at the request of any official animal control agency, health officer, or law enforcement agency of another jurisdiction.

Section 210.390 (Reserved) [1]

[1]

Editor's Note: Ord. no. 14-07-05 §9, adopted July 21, 2014, repealed this Section 210.390, "Domestic animal avocation permit," with no replacement provisions. This section previously derived from R.O. 2012 §210.410; ord. no. 87-10-2 §1, 10-5-1987; ord. no. 92-12-2, 12-7-1992.

Section 210.400 Penalties.

[R.O. 2012 §210.420; Ord. No. 87-10-2 §1, 10-5-1987; Ord. No. 91-11-2 §210.420, 11-4-1991; Ord. No. 92-12-2, 12-7-1992]

Any person violating any provision of this Chapter shall be deemed guilty of an ordinance violation and upon conviction of any such violations shall, unless another specific penalty or specific penalty range be provided by another Subsection of this Section, be punished by a fine of not less than fifteen dollars ($15.00) nor more than five hundred dollars ($500.00), or by imprisonment in the Municipal Correctional Institution for a term not to exceed ninety (90) days or by both such fine and imprisonment.

The penalty range for any person violating any of the following Sections of this Chapter:

Section 210.170. License, required for dogs, cats or miniature pigs.

Section 210.230. Wearing of license or identification tags required.

Section 210.290. Dogs and miniature pigs running at large — prohibited.

shall be increased, up to a maximum of five hundred dollars ($500.00), for any animal not properly licensed according to this Chapter.

Each day's violation of, or failure, refusal or neglect to comply with, any provision of this Chapter, shall constitute a separate and distinct offense.

Section 210.410 Identification and Restraint of Guard Dogs.

[R.O. 2012 §210.430; Ord. No. 87-10-2 §1, 10-5-1987]

Guard Dogs. Any guard dog (for the purposes of this Chapter here defined as a dog not owned by a government unit which dog is used to guard public or private property) used in the City by virtue of such use is hereby declared to be subject to the license requirements of this Chapter; must be vaccinated against rabies by a licensed veterinarian; must, if brought into the City from without the State of Missouri, be accompanied by the official health certificate required by the Code of State Regulations at 2 CSR 30-2.10 (8), which certificate shall be exhibited upon the request of any City Animal Control or Police Officer; must be controllable by its keeper and must not be used in a manner which, as determined by the Supervisor of Animal Control, endangers individuals not on the premises guarded. Any person operating a guard dog service in the City shall register such business with the Supervisor of Animal Control and shall list all premises to be guarded with the Supervisor of Animal Control before such service begins.

In addition to all other requirements of this Chapter, each guard dog as defined in Section 210.250(C) shall at all times while being used as a guard dog wear a collar bearing a bright red two (2) inch diameter disc to warn the public. The Supervisor of Animal Control shall sell such disc for one dollar ($1.00) each or the owner or keeper of each such dog may supply and use a disc of similar appearance subject to such being determined to be similar in appearance and durability by the Supervisor of Animal Control.

Guard dogs as defined in Section 210.250(C) shall be effectively restrained to prevent escape when in transit and while being loaded and unloaded at the premises guarded.

All guard dogs housed or used within the City of Excelsior Springs shall be considered a dangerous dog and shall comply with Section 210.250(C)(1 — 4), if kept, housed, or maintained on premises other than those guarded by the dog.

Violation of any part of this Section 210.410 shall be punishable under Section 210.400(A).

Section 210.420 Rescue of Animals From Vehicles.

[R.O. 2012 §210.440; Ord. No. 87-10-2 §1, 10-5-1987]

Whenever any animal is found confined in a motor vehicle in a public place under weather conditions that endanger its life as determined by the Supervisor of Animal Control, the Supervisor of Animal Control is hereby authorized, to enter such vehicle and rescue such animal and thereafter impound it in accordance with Section 210.300. A prominent written notice shall be left on or in the vehicle advising that the animal has been removed under the authority of this Section and impounded in accordance with Section 210.300 at the Municipal Animal Shelter.

Section 210.430 Licensing Fees.

[R.O. 2012 §210.450; Ord. No. 92-12-2, 12-7-1992; Ord. No. 14-07-05 §10, 7-21-2014]

The fee for animal licenses required under Section 210.170 shall be as specified in the Schedule of Fees, Title I, Appendix A.

Section 210.440 Keeping of Pit Bull Dogs Prohibited.

[R.O. 2012 §210.460(A); Ord. No. 87-10-2 §1, 10-5-1987]

It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City of Excelsior Springs, Missouri, any Pit Bull dog, provided that Pit Bull dogs residing in the City on October 5, 1987 within the City.