[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]
A.
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.
B.
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.
C.
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.
A.
Any
animals found at large shall be taken into custody by the Chief of
Police, or his/her agents, and impounded in the Taney County Animal
Shelter and will remain for a period as follows:
1.
If the owner can be notified and the animal is not diseased or disabled
beyond recovery it will be held for recovery as a service to the owner.
The owner shall be notified and the animal shall be held for one (1)
full Saturday and a period of not less than five (5) full days excluding
time in transit. If the animal is unclaimed it may be put up for adoption,
or humanely euthanized; or
2.
If the owner cannot be notified and the animal is not diseased or
disabled beyond recovery the public shall have clear access to inspect
or recover the animal through time periods ordinarily accepted as
usual business hours. After one (1) full Saturday and a period of
not less than five (5) full days excluding the time in transit, the
animal may be put up for adoption or humanely euthanized; or
3.
If an animal is diseased or disabled beyond recovery, as determined
by a Veterinarian, it may be humanely euthanized.
4.
If owner is identified all expenses incurred shall be paid by the
owner.
[1]
Editor's Note: Ord. No. 18-42 changed the title from "Dogs
Impounded" to "Animals Impounded."
[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; Ord. No. 16-18, 4-7-2016; Ord. No.
16-34, 1-5-2017; Ord. No. 18-41, 6-7-2018]
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 eighty
dollars ($80.00).
[Ord. No. 95-29 §210.061, 7-20-1995]
A.
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).
B.
Every
person who willfully abandons any domestic dog or cat is guilty of
a misdemeanor.
A.
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.
B.
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.
A person
is guilty of animal abuse when a person:
1.
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.;
2.
Purposely, intentionally or recklessly causes injury, suffering,
or pain to an animal;
3.
Abandons an animal in any place without making provisions for its
adequate care;
4.
Overworks or overloads an animal, or drives or works an animal unfit
to work; or
5.
Having ownership or custody of an animal willfully fails to provide
adequate care or adequate control.
B.
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]
A.
No
person shall keep any dog or cat which by vocalization creates noise
sufficient to disturb the peace of others.
B.
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.
C.
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]
A.
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.).
B.
No
business license fee shall be assessed for family pets.
[CC 1983 §73.090]
A.
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.
C.
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.
D.
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.
E.
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.
F.
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]
A.
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.
B.
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:
C.
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.
D.
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."
E.
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.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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.
9.
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.
10.
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.
F.
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]
A.
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.
B.
COMPANION ANIMAL
DOMESTIC ANIMAL
EXOTIC ANIMAL/REGULATED ANIMAL
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
LICENSING AUTHORITIES
LIVESTOCK
NON-REGULATED ANIMALS
Definitions. As
used in this Section, the following terms shall have these prescribed
meanings:
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.
Any animal that is livestock, a companion animal, or both.
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:
Non-human primates and prosimians (lemurs, monkeys, chimpanzees,
baboons).
Felidae (lions, tigers, bobcats, lynx, cougars, leopards, jaguars,
not domesticated cats).
Canidae (wolves, coyotes, foxes, jackals, not domesticated dogs).
Ursidae (all bears).
Reptilia (all venomous snakes, all constricting snakes that
can attain a length of eight (8) feet or longer, geckos, iguanas,
not frogs or toads).
Crocodylia (alligators, crocodiles, caimans).
Elephantidae (all elephants).
Hyaenidae (hyenas).
Artiodactyla (hippopotamuses, giraffes, camels, deer, antelope,
not cattle or swine or sheep or goats).
Procyonidae (raccoons, coatis).
Marsupialia (kangaroos, opossums).
Perissodactylea (rhinoceroses, tapirs, not horses or donkeys
or mules).
Xenarthra (anteaters, sloths, armadillos).
Viverridae (civets, and genets).
Herpestidae (mongoose).
Mustelidae (weasels, ermine, mink, wolverines, otters).
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.
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.
C.
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.
D.
Exceptions.
2.
The following shall be permitted to possess regulated animals by
these regulations under the conditions set forth in this Section:
a.
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.
b.
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.
E.
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.
F.
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.
1.
The applicant must pay a one hundred dollar ($100.00) application
fee per animal annually.
2.
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.
3.
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.
4.
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.
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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.
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G.
Requirements.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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.
9.
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.
10.
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.
H.
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.
I.
Seizure.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
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;
b.
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;
c.
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
d.
A form that can be used by a person from whom a regulated animal
was seized for requesting a hearing under this Subdivision.
6.
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:
7.
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.
8.
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.
9.
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.
10.
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.
J.
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.
