[Ord. No. 06-52, 11-2-2006]
As used in this Chapter, the following term shall have this prescribed meaning:
- That animal which lacks clear ownership and/or is too poorly socialized to be handled (and therefore must be trapped or sedated for examination) and which cannot be placed into a typical pet home and/or which has returned to a wild state from that of a domesticated state. It shall be prima facie evidence that an animal is feral if the animal does not have displayed on a clearly marked tag its City license and certificate of rabies vaccination and is described by any of the above traits.
[CC 1983 §73.010; Ord. No. 06-52, 11-2-2006]
It shall be unlawful for any owner to permit any dog or cat to run at large within the City limits of Hollister, Missouri. Any dog or cat that has strayed from, but then returns to, the private property of its owner may be seized or impounded. If the owner is present, in lieu of impoundment, a citation for running at large may be issued.
[CC 1983 §73.020; Ord. No. 01-30, 6-21-2001]
All dogs, cats, and other household pets susceptible to contracting rabies and over the age of six (6) months shall have a current vaccination for rabies if kept within the corporate limits of the City of Hollister. All owners of dogs, cats, and such other household pets shall secure a rabies vaccination certificate from a veterinarian who holds a current license. All such rabies vaccination certificates and tags shall be marked with the date of the last such vaccination.
[Ord. No. 237 §73.030, 6-6-1985; Ord. No. 00-04, 3-16-2000]
There shall be a licensing fee imposed of three dollars ($3.00) each for all spayed and neutered dogs and non-spayed and non-neutered dogs within the City of Hollister, to be paid by the owner, to the City Clerk of Hollister by the thirty-first (31st) day of January each year or within thirty (30) days of establishing residency or obtaining a new dog in the City of Hollister.
After this date, a delinquent penalty of twenty-five dollars ($25.00) will be assessed. If owner or responsible party fails to comply with the provisions of this Section said owner or responsible party shall receive a summons to appear in Municipal Court.
Before tags may be issued, proof of rabies vaccination must be presented.
[Ord. No. 06-52, 11-2-2006]
The licensing requirements in Section 210.030 shall apply equally to cats.
[CC 1983 §73.040]
All license tags and rabies vaccination tags are required to be displayed on a dog, attached to the dog by means of a secured collar or harness.
[Ord. No. 425 §73.050, 7-3-1991]
Any dog found at large or any dog, whether or not found at large, not carrying all of the tags required shall be impounded. All dogs found running at large or not having required tags shall be taken into custody by the Chief of Police, or his/her agents, and impounded in the City Dog Pound and so remain for a period as follows:
If the owner can be ascertained and the animal is not diseased or disabled beyond recovery for any useful purpose, held for recovery by the owner. The owner shall be notified within five (5) days of impoundment by phone or mail of the animal's location and recovery procedures. The animal shall be held for ten (10) days. An animal unclaimed after ten (10) days may be put up for adoption, or humanely killed;
Placed in the care or custody of a veterinarian, the appropriate animal control authority or animal shelter. The animal shall not be disposed of, unless diseased or disabled beyond recovery for any useful purpose, until after expiration of a minimum of five (5) days, during which time the public shall have clear access to inspect or recover animal through time periods ordinarily accepted as usual business hours. After five (5) days, the animal may be put up for adoption or humanely killed; or
If diseased or disabled beyond recovery for useful purpose as determined by a Public Health Official, Law Enforcement Official, veterinarian, or Animal Control Officer, humanely killed.
If owner is identified all expenses incurred shall be paid by the owner.
[Ord. No. 356 §73.060, 9-15-1988; Ord. No. 00-01, 1-20-2000; Ord. No. 04-18, 4-1-2004; Ord. No. 09-19, 8-6-2009; Ord. No. 11-01, 1-6-2011; Ord. No. 13-12, 9-5-2013]
If said animals are claimed while in the Taney County Animal Shelter, the owner of said animal shall pay to the City a fee of seventy five dollars ($75.00).
[Ord. No. 95-29 §210.061, 7-20-1995]
The failure of the owner of any animal to pay the impoundment fee and any other charges, after due notification, shall be held to be an abandonment of the animal by the owner, and the owner shall be subject to a fine for such abandonment not to exceed five hundred dollars ($500.00).
Every person who willfully abandons any domestic dog or cat is guilty of a misdemeanor.
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.
Animal neglect is a misdemeanor. All fines and penalties for a first (1st) conviction of animal neglect may be waived by the court provided that the person found guilty of animal neglect shows that adequate, permanent remedies for the neglect have been made. Reasonable costs incurred for the care and maintenance of neglected animals may not be waived.
A person is guilty of animal abuse when a person:
Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of Sections 578.005 to 578.023, RSMo.;
Purposely, intentionally or recklessly causes injury, suffering, or pain to an animal;
Abandons an animal in any place without making provisions for its adequate care;
Overworks or overloads an animal, or drives or works an animal unfit to work; or
Having ownership or custody of an animal willfully fails to provide adequate care or adequate control.
Animal abuse is a misdemeanor.
[Ord. No. 383 §73.075, 11-2-1989; Ord. No. 06-52, 11-2-2006]
It shall be the duty of the Animal Control Officer or a sworn officer of the Hollister Police Department, upon finding any dog or cat in the City contrary to the provisions of this Chapter, to destroy any such dog or cat if such dog or cat cannot be safely taken up and impounded or is rabid, feral or injured to the extent that the destruction of such dog or cat would be humane.
[CC 1983 §73.080; Ord. No. 06-52, 11-2-2006]
No person shall keep any dog or cat which by vocalization creates noise sufficient to disturb the peace of others.
Any dog which causes annoyance to the neighborhood or persons using the public streets or to chase, worry or molest livestock, children or other dogs or cats or to cause damage to property shall be confined on chains, leashes or tethers of such length sufficient to restrain the dog or cat to the premises of its owner. It shall be sufficient to securely confine the animal within a pen or enclosure and to clearly post upon the premises a notice of the presence of such a dog.
Any cat which causes an annoyance to the neighborhood or persons or causes damage to property shall be securely confined by its owner within a pen or enclosure.
[Ord. No. 00-22, 11-16-2000]
Any person who shall have more than three (3) pets, other than under the age of six (6) months, may file for a variance to the Board of Aldermen to keep their family pets. The Board will consider the request and if the request is approved, any pets over and above the three (3) shall not be replaced after they are no longer with the family (due to death, adoption, etc.).
No business license fee shall be assessed for family pets.
[CC 1983 §73.090]
Any person who shall own and keep, or harbor upon his/her premises more than three (3) dogs other than under the age of six (6) months shall be deemed the owner of a dog kennel. Such owner shall file application therefor on a form provided by the City Clerk, prescribed by the Board of Aldermen and the City Manager which application shall provide information to indicate whether or not the proposed kennel and its operation will violate any provisions of the State and City laws and ordinances. If it appears that such kennel and operation thereof will not be in violation of State and City laws, the City Clerk shall issue a kennel license to said applicant upon the payment of the following license fee to the City.
Such license shall permit the applicant to operate such kennels described in the application for a period of one (1) year, unless such license is revoked; and any violation of the Sections of this Chapter shall constitute sufficient cause for revocation of such license.
Kennel premises shall be maintained in a clean and satisfactory and sanitary condition at all times and sanitary methods shall be used to obliterate or prevent any offensive odors. The Public Humane Officer, City Health Officer and City Police shall have the right to inspect such kennels at reasonable hours.
If any dog kennel is licensed to operate within two hundred (200) feet of a building used or occupied as a residence, except for the keeper of the kennels, the kennel dogs shall be continuously confined within the kennel building, and not allowed to run at large.
All kennel dogs shall be fed, maintained and housed in separate compartments, and separate outdoor runways, and not come in physical contact with other dogs except when breeding, and except in cases of mother and their young. The inside and outside spaces shall be completely cleaned at least twice a day. The breeding shall not be done in public view.
[Ord. No. 06-52, 11-2-2006]
Any dog or cat which has inflicted severe or fatal injury upon a human being, killed a domestic animal without provocation, has bitten a human being without provocation or if the dog or cat has the ability to cause serious injury, is deemed a vicious dog or cat. Any dog which, when not provoked, chases or approaches in a menacing fashion persons in the streets, sidewalks or any public or private property other than the property of its owner or any dog or cat with a known propensity, tendency or disposition to attack human beings or other animals is deemed a vicious dog.
Following the filing of charges for violation under this Section and pending final disposition of said charges, upon affidavit of the Director of Public Health and Welfare or of the Animal Control Officer or Chief of Hollister Police Department that the dog or cat is vicious and upon motion of the City Attorney, the judge of the Municipal Court may order any of the following:
If upon violation and conviction of the provisions of this Section relating to vicious dogs and cats it shall appear to the judge of the Municipal Court that it is necessary for the public safety and welfare that the dog or cat concerned be euthanized, the judge shall so order and the Animal Control Officer, a Hollister Police Officer or the Chief of Police shall execute the order of the court.
If upon violation and conviction of the provisions of this Section relating to vicious dogs and cats it shall appear to the judge of the Municipal Court that it is necessary for the public safety and welfare that the dog or cat concerned be deemed a vicious dog or cat, the court may order that the dog be declared "dangerous."
If any dog or cat shall be determined to be "dangerous" as above described, the owner of said dog or cat shall have the following responsibilities related to said dog or cat.
Any dangerous dog or cat shall at all times wear a bright orange collar with a large, brightly colored metal tag attached to the collar so the dog or cat can be readily identified as a dangerous dog or cat.
The owner or keeper shall notify the Animal Control Department or Hollister Police Department immediately if a dangerous dog or cat is loose, unconfined or missing, has attacked another animal or has attacked a human being.
The owner or keeper shall notify the Animal Control Department or Hollister Department within twenty-four (24) hours if a dangerous dog or cat has died or has been sold or given away. If the dog or cat has been sold or given away, the owner or keeper shall provide the Animal Control Department or Hollister Police Department with the name, address and telephone number of the new owner. The new owner, if the dog or cat is kept within the confines of Hollister, Missouri, must comply with the requirements of this Section.
While on the owner's property, a dangerous dog or cat must be securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the entry of young children and designed to keep the animal from escaping.
No dangerous dog or cat may be kept on the porch, patio or in any part of the house or structure that would allow the animal to exit such building on its own volition.
The owner or keeper shall display a sign on his/her premises that there is a dangerous dog on the property. This sign shall be visible and capable of being read from the public highway or thoroughfare from which the property is entered.
A dangerous dog may be off the owner premises if it is muzzled and restrained by a substantial chain or leash not exceeding six (6) feet in length and in the control of a responsible person.
A dangerous cat may be off the owner premises if it is confined to a cage or carrier designed for this purpose and in the control of a responsible person.
The owner or keeper of a dangerous dog or cat shall present to the Animal Control Department or Hollister Police Department proof that the owner or keeper has procured liability insurance in the amount of at least one hundred thousand dollars ($100,000.00) covering the twelve (12) month period during which the dog or cat shall be licensed.
It shall be unlawful for the owner or keeper of a dangerous dog or cat within the City limits of Hollister, Missouri, to fail to comply with the requirements and conditions set forth in this Section. Any dog or cat found to be the subject of a violation of this Section may be, in addition to other penalties provided by this Section, subject to immediate seizure and impoundment for a minimum of ten (10) days or the time necessary for the owner or keeper to show compliance with this Section, whichever is shorter.
Penalties. Failure to comply with any of the above requirements will, upon conviction by the Municipal Court of Hollister, Missouri, result in a fine as determined by the Municipal Court. In addition, the dangerous dog or cat, if so ordered by the court, shall be destroyed in a humane manner.
[Ord. No. 11-14, 9-1-2011]
Purpose And Intent. It is the intent of the City of Hollister to protect the public against the health and safety risks that exotic/regulated animals pose to the community and to protect the welfare of individual animals that are held in private possession. By their very nature, exotic/regulated animals are wild and potentially dangerous and, as such, do not adjust well to a captive environment.
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
- COMPANION ANIMAL
- Any animal that is commonly kept by persons as a pet or for companionship. The definition of "companion animal" includes, but is not limited to: domesticated dogs and domesticated cats.
- DOMESTIC ANIMAL
- Any animal that is livestock, a companion animal, or both.
- EXOTIC ANIMAL/REGULATED ANIMAL
- Any animal that is not normally domesticated in the United States or is wild by nature. Exotic/regulated animals include, but are not limited to, any of the following orders and families, whether bred in the wild or captivity, and also any of their hybrids, of less than three (3) generations, with domestic species. The animals listed in parentheses are intended to act as examples and are not to be construed as an exhaustive list or limit the generality of each group of animals, unless otherwise specified:
- 1. Non-human primates and prosimians (lemurs, monkeys, chimpanzees, baboons).
- 2. Felidae (lions, tigers, bobcats, lynx, cougars, leopards, jaguars, not domesticated cats).
- 3. Canidae (wolves, coyotes, foxes, jackals, not domesticated dogs).
- 4. Ursidae (all bears).
- 5. Reptilia (all venomous snakes, all constricting snakes that can attain a length of eight (8) feet or longer, geckos, iguanas, not frogs or toads).
- 6. Crocodylia (alligators, crocodiles, caimans).
- 7. Elephantidae (all elephants).
- 8. Hyaenidae (hyenas).
- 9. Artiodactyla (hippopotamuses, giraffes, camels, deer, antelope, not cattle or swine or sheep or goats).
- 10. Procyonidae (raccoons, coatis).
- 11. Marsupialia (kangaroos, opossums).
- 12. Perissodactylea (rhinoceroses, tapirs, not horses or donkeys or mules).
- 13. Xenarthra (anteaters, sloths, armadillos).
- 14. Viverridae (civets, and genets).
- 15. Herpestidae (mongoose).
- 16. Mustelidae (weasels, ermine, mink, wolverines, otters).
- LICENSING AUTHORITIES
- Licensing authorities shall be City of Hollister, Taney County Animal Control, the USDA (United States Department of Agriculture), or the State of Missouri.
- Any animal commonly used by persons for use, draft or pleasure purposes. The definition of "livestock" includes, but is not limited to: poultry, cattle, swine, sheep, goats, horses.
- NON-REGULATED ANIMALS
- Fish, snails, games birds as listed by the Missouri Conservation Commission, and all raptors including, but not limited to, hawks, eagles, falcons, and vultures are not considered exotic/regulated animals for the purpose of this Section. They may, however, fall under State or Federal regulation.
Keeping Of Exotic/Regulated Animals Prohibited. It shall be unlawful for any person to own, possess, keep, harbor, bring, or have in one's possession an exotic/regulated animal within the City of Hollister. It shall be unlawful for the owner, possessor, or any other person in control of a lot, tract, or parcel of land within City of Hollister or any residence or business premises situated thereon to knowingly permit any other person to be in possession of an exotic/regulated animal or exotic/regulated animals upon the property, residence or premises.
The following shall be permitted to possess regulated animals by these regulations under the conditions set forth in this Section:
Any wildlife rehabilitator licensed by the State of Missouri or the United States Department of Agriculture who temporarily (not to exceed one hundred eighty (180) days) keeps exotic animals within the City of Hollister when the purpose is to return the animals to the wild. Wildlife sanctuaries are not permitted.
Any exhibitor, permitted by the United States Department of Agriculture with a Class B or Class C permit who temporarily (not to exceed one hundred eighty (180) days) keeps exotic animals within the City of Hollister for the purpose of display at a specific event, for a specific period of time.
Grandfather Clause. Any person who owned, possessed, kept or harbored exotic/regulated animal(s) on or before the effective date of this Section shall be permitted to continue ownership or possession as long as they meet all the requirements set forth under State and Federal law in addition to those set forth in this Section.
Permits. Anyone whose exotic/regulated animal falls under this grandfather clause shall obtain a permit for the animal within sixty (60) days of the effective date of this Section. Anyone whose exotic/regulated animal falls under any other clause of this Section shall obtain a permit for the animal prior to the animal being permitted into this jurisdiction. A person may obtain a permit form from the Hollister City Clerk's office. Exotic/regulated animal permits shall be issued for the specific animals held at a specific location to the owner of the animals. If location, animals, or ownership changes, the permit becomes null and void. Permits are non-transferable.
The applicant must pay a one hundred dollar ($100.00) application fee per animal annually.
The application must be accompanied by a currently in force, liability insurance policy in the amount of not less than one million dollars ($1,000,000.00) that names the City of Hollister as additionally insured. This policy is obtained at the sole expense of the applicant and must be maintained current and in force as long as the regulated animal remains within this jurisdiction.
A person with a United States Department of Agriculture license or the appropriate Missouri State Wildlife hobby permit for regulated animals shall provide a copy of that license at time of permitting.
The applicant must place on file with the City emergency contact information to include a twenty-four (24) hour telephone number and a physical address where a responsible person can be reached.
A permit shall be denied if the applicant fails to meet any of the permitting requirements. Any person who successfully obtains a permit shall be permitted to hold, keep, harbor or maintain the number of exotic animals that person was legally permitted but shall not be permitted to change ownership, location or types/species or increase the number of exotic/regulated animals without a new permit being issued. Any person who has not successfully completed the permitting process and obtained a permit for their animal within sixty (60) days of the adoption of this Section or upon denial of an application shall forfeit the right to keep the animal and be deemed to unlawfully possess the animal.
A person who possesses a regulated animal must maintain health and ownership records on each animal and must maintain the records for the life of the animal. If possession of the regulated animal is transferred to another person, a copy of the health and ownership records must accompany the animal. The new owner would then have to obtain a permit.
A person who possesses a regulated animal must maintain an ongoing program of veterinary care which includes a veterinary visit to the premises at least annually.
A person who possesses a regulated animal must notify the local Police Department, in writing, ten (10) days prior to a change in address or location where the regulated animal is kept. The notification of change in address or location form must be obtained from the Hollister City Clerk and approved by the Chief of Police.
A person with a United States Department of Agriculture license or the appropriate Missouri State Wildlife hobby permit for regulated animals shall forward a copy of the United States Department of Agriculture or Missouri State Wildlife hobby permit inspection report to the local Police Department within thirty (30) days of receipt of the inspection report.
A person who houses an exotic/regulated animal must care for the animal in a manner that minimizes, as much as reasonably possible, the risk of harm to animal itself and any person, including the owner. Any enclosures used for the purpose of housing or transporting regulated animals must provide at a minimum of double barrier protection. This is an ongoing requirement.
A person who possesses a regulated animal shall prominently display a sign on the structure where the animal is housed indicating that a dangerous regulated animal is on the premises.
A person who possesses a regulated animal must notify, as soon as practical, local law enforcement officials of any escape of a regulated animal. The person who possesses the regulated animal is liable for any costs incurred by any person, City, County, or State agency resulting from the escape of a regulated animal.
A person who possesses a regulated animal must maintain on file with the Police Department a written recovery plan in the event of the escape of a regulated animal. The person must maintain live traps or other equipment necessary to assist in the recovery of the regulated animal.
A person may not move a regulated animal from its location unless the person notifies the local Police Department prior to moving the animal. The notification must include the date and the location where the animal is to be moved. This paragraph does not apply to a regulated animal transported to a licensed veterinarian.
If a person who possesses a regulated animal can no longer care for the animal, the person shall take steps to find long-term placement for the regulated animal.
Inspection. At any and all times, the City and or its contracted agents shall have the right to inspect the animal and where it is housed upon reasonable notice. Any party who intentionally interferes with or obstructs the inspection violates this Section.
The local animal control authority, upon issuance of a notice of inspection, must be granted access at reasonable times to sites where the local animal control authority has reason to believe a violation of this Section is occurring or has occurred.
If a person who possesses a regulated animal is not in compliance with the requirements of this Section, the local animal control authority shall take possession of the animal for custody and care, provided that the procedures in this Subsection are followed.
Upon request of a person possessing a regulated animal, the local animal control authority may allow the animal to remain in the physical custody of the owner for thirty (30) days, during which time the owner shall take all necessary actions to come in compliance with this Section. During the thirty (30) day period, the local animal control authority may inspect, at any reasonable time, the premises where the animal is kept.
If a person who possesses a regulated animal is not in compliance with this Section following the thirty (30) day period described in Subsection (I)(3), the local animal control authority shall seize the animal and place it in a holding facility that is appropriate for the species for up to ten (10) days.
The authority taking custody of an animal under this Section shall provide a notice of the seizure by delivering or mailing it to the owner, by posting a copy of it at the place where the animal is taken into custody, or by delivering it to a person residing on the property. The notice must include:
A description of the animal seized; the authority for and purpose of the seizure; the time, place, and circumstances under which the animal was seized; and a contact person and telephone number;
A statement that a person from whom a regulated animal was seized may post security to prevent disposition of the animal and may request a hearing concerning the seizure and that failure to do so within five (5) business days of the date of the notice will result in disposition of the animal;
A statement that actual costs of the care, keeping, and disposal of the regulated animal are the responsibility of the person from whom the animal was seized, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law; and
A form that can be used by a person from whom a regulated animal was seized for requesting a hearing under this Subdivision.
If a person from whom the regulated animal was seized makes a request within five (5) business days of the seizure, a hearing must be held within five (5) business days of the request to determine the validity of the seizure and disposition of the animal. This matter will be heard by a board consisting of one (1) elected official, the City Administrator, the Police Chief and one (1) qualified Animal Control Officer. This board is appointed by the Mayor. The hearing board may authorize the return of the animal to the person from whom the animal was seized if the board finds:
If the board orders a permanent disposition of the regulated animal, the local animal control authority may take steps to find long-term placement for the animal with a wildlife sanctuary, persons authorized by the Department of Natural Resources, or an appropriate United States Department of Agriculture licensed facility.
A person from whom a regulated animal is seized is liable for all actual costs of care, keeping, and disposal of the animal, except to the extent that a court or hearing officer finds that the seizure was not substantially justified by law. The costs must be paid in full or a mutually satisfactory arrangement for payment must be made between the local animal control authority and the person claiming an interest in the animal before return of the animal to the person.
A person from whom a regulated animal has been seized under this Subsection may prevent disposition of the animal by posting security in the amount sufficient to provide for the actual costs of care and keeping of the animal. The security must be posted within five (5) business days of the seizure, inclusive of the day of the seizure.
If circumstances exist threatening the life of a person or the life of any animal, local law enforcement or the local animal control authority may seize a regulated animal without an opportunity for hearing or court order, or destroy the animal.
Violations And Penalties. Any person who violates any provision of this Section shall be deemed guilty of a misdemeanor and shall be punishable according to City Code Section 100.200. Every day any violation of this Section or any such rule, regulation, notice or order shall constitute a separate offense.