The following words, when used in this Chapter, shall have the meanings set out herein:
- DOGS or CATS
- All animals of the canine or feline species, both male and female.
- OWNER or KEEPER
- Any person having a right of property in a dog or cat, or who keeps or harbors a dog or cat, or who has it in his/her care or acts as its custodian, or who knowingly permits a dog or cat to remain on or about any premises owned or occupied by him/her.
- RUNNING AT LARGE
- Allowing a dog or cat to be off the private premises of the owner or keeper, or his/her agent or servant, and not on a leash or confined to the arms, motor vehicle, trailer or other conveyance of the owner or keeper, his/her agent or servant.
- SERIOUS PHYSICAL INJURY
- Physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body.
- A person upon the premises of the owner or keeper of the dog in question without license or privilege to be upon said premises.
- UNRESTRAINED DOG
- Any dog running at large or a dog on the premises of its owner or keeper but not confined to said premises by a leash, fence, structure or other means that would prevent the dog from leaving such premises.
- VICIOUS DOG
- Any of the following dogs:
- 1. Any dog, whether or not running at large and whether or not unrestrained, that without provocation has bitten any person not a trespasser causing serious physical injury to that person.
- 2. Any unrestrained dog, whether or not running at large, that without provocation has attempted to bite any person not a trespasser which would cause serious physical injury to that person.
- 3. Any unrestrained dog, whether or not running at large, that without provocation has placed any person not a trespasser in apprehension of immediate serious physical injury.
- 4. Any dog that has killed another dog, cat or other domestic animal without provocation.
- 5. Pit bull dogs.
[CC 2001 §6.04.020; Ord. No. 4.04A §2, 8-20-1992; Ord. No. 2006-04 §1, 3-14-2006]
No dog or cat above the age of four (4) months shall be permitted to be and remain in the City unless such dog or cat shall be vaccinated at least once each year with the anti-rabies vaccine. An impounded dog or cat will not be released until vaccinated with anti-rabies vaccine. The City Animal Control Officer or designee will have the dog or cat vaccinated with an anti-rabies vaccine to be administered by the City's veterinarian and the fee for the vaccination to the owner or custodian of the animal will be thirty dollars ($30.00) payable to the City of Bonne Terre.
[CC 2001 §6.04.030; Ord. No. 4.04A §3, 8-20-1992]
It is unlawful for any owner, keeper or any person having the care or control of a dog or cat to suffer or permit the dog or cat to run at large within the corporate limits of the City and it shall be the duty of every owner or person having the care and control of a dog or cat to keep the same within a proper enclosure upon the owner's or person's premises, no dog or cat shall be allowed to run upon the property of another and no dog or cat shall be allowed to roam upon the streets or sidewalks of the City, unless the dog or cat is securely fastened to a leash or halter and the leash or halter held by some person at all times.
It shall be unlawful to own, keep or harbor a vicious dog in the City of Bonne Terre except in accordance with the following provisions:
Leash and muzzle. No person shall permit a vicious dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a vicious dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts or buildings. In addition, all vicious dogs on a leash outside its kennel or pen must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine vicious dogs must be locked with a key or combination lock when such dogs are within the structure. Said structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be imbedded in the ground no less than two (2) feet. Also, such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
Confinement indoors. No vicious dog may be kept on a porch, patio or any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
Signs. All owners, keepers or harborers of vicious dogs within the City shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog". In addition, a similar sign is required to be posted on the kennel or pen of such dog.
[CC 2001 §6.04.080; Ord. No. 4.04A §8, 8-20-1992]
No person or family shall have more than three (3) dogs or cats which are over the age of six (6) months present on their premises unless the person or family has a license to operate a kennel under the zoning ordinance of the City.
[CC 2001 §6.04.100; Ord. No. 4.04A §10, 8-20-1992]
Duly authorized City personnel may destroy dogs in a pack consisting of four (4) or more dogs on sight, if the dogs are running at large.
It shall be the duty of the Chief of Police, the City Police, and any other person of the City of Bonne Terre, especially designated by the City Council and the Mayor for such purpose, to take up any dog or cat running at large, or any vicious dog in violation of Section 205.030 above and to impound the same. In effecting the capture of any dog or cat, the officers aforesaid are authorized and directed to use traps, nets, tranquilizer guns or any other humane method.
Every officer impounding a dog or cat under this Chapter shall, within twenty-four (24) hours after such impounding, enter upon a registry open to the public and in plain public view at the City Hall of the City a description of such dog or cat, including breed, color and approximate size, and the date apprehended, and if the owner or keeper is known, the name and address of such owner or keeper; or the owner or keeper shall be given actual notice of the impoundment of such dog or cat before disposition of such dog or cat.
[CC 2001 §6.04.060; Ord. No. 4.04A §6, 8-20-1992; Ord. No. 2006-04 §2, 3-14-2006]
Any dog or cat so taken up and impounded, as provided by this Chapter, may be redeemed by the owner or the custodian thereof, if it is the first (1st) offense for the owner, by paying to the City Clerk or designee ten dollars ($10.00) for the first (1st) day of impoundment and five dollars ($5.00) for any subsequent day of impoundment until the dog or cat is redeemed. A court summons shall be issued for the second (2nd) and any subsequent offenses. In the event that any dog or cat so impounded should not be redeemed by the owner or custodian thereof within five (5) business days after impoundment, any other person shall be entitled to redeem such dog and cat by the payment of the impoundment fee so far incurred according to this Chapter. Any dog or cat which shall remain in the pound after the full redemption period shall be humanely executed by the animal control warden or designee. A reasonable effort shall be made to notify the owner or custodian of any dog or cat impounded.
The owner or keeper of any dog or cat impounded under this Chapter shall pay to the Chief of Police, Police Officer, or other official especially designated to receive the same a sum sufficient to reimburse the City for its costs in impounding such dog or cat and keeping it impounded.
[Ord. No. 2006-04 §3, 3-14-2006]
If the release of an impounded dog or cat does not impair the safety of the public, the dog or cat may be returned to the owner or put up for adoption, subject to a sixty dollar ($60.00) adoption fee which includes the cost of the anti-rabies vaccination and any other fees and regulations pertaining to said adoptions.
A person is guilty of animal neglect when he/she has custody or ownership or both of an animal and fails to provide adequate care or adequate control which results in substantial harm to the animal.
A person is guilty of animal abandonment when he/she has knowingly abandoned an animal in any place without making provisions for its adequate care.
Animal neglect or animal abandonment are ordinance violations. For a first (1st) offense of either violation, a term of imprisonment not to exceed fifteen (15) days, or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. For a second (2nd) or subsequent violation of either offense, a term of imprisonment not to exceed ninety (90) days, or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. All fines and penalties for a first (1st) conviction of animal neglect or animal abandonment may be waived by the court provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned animals may not be waived.
In addition to any other penalty imposed by this Section, the court may order a person found guilty of animal neglect or animal abandonment to pay all reasonable costs and expenses necessary for:
The care and maintenance of neglected or abandoned animals within the person's custody or ownership;
The disposal of any dead or diseased animals within the person's custody or ownership;
The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and
The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.
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 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 or adequate control.
Note — Under certain circumstances this offense can be a felony under state law.
A person commits the offense of knowingly releasing an animal if that person, acting without the consent of the owner or custodian of an animal, intentionally releases any animal that is lawfully confined for the purpose of companionship or protection of persons or property or for recreation, exhibition or educational purposes.
As used in this Section, "animal" means every living creature, domesticated or wild, but not including Homo sapiens.
The provisions of this Section shall not apply to a public servant acting in the course of such servant's official duties.
Any person in physical possession and control of any animal shall remove excreta or other solid waste deposited by the animal in any public or private area not designated to receive such wastes including, but not limited to, streets, sidewalks, parking lots, public parks or recreation areas and private property. The provisions of this Section shall not apply to a guide dog accompanying any blind person.
Whenever rabies becomes prevalent in the City, the Mayor shall, according to the necessity of the case, issue a quarantine order requiring every owner or person in charge of any dog or dogs within the limits of the City to either kill or impound his/her dog or dogs or to have such dog or dogs immunized. Said order shall be published once in the paper officially publishing the business of the City; and in the absence of such paper, shall be posted as in case of sales of personal property. The Mayor is authorized by proclamation to terminate any such quarantine whenever, in his/her judgment, the necessity for it no longer exists.
No person may keep any lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena, wolf, bear, non-human primate, coyote, any deadly, dangerous or poisonous reptile, or any deadly or dangerous reptile over eight (8) feet long, in any place other than a properly maintained zoological park, circus, scientific or educational institution, research laboratory, veterinary hospital or animal refuge.
[CC 2001 §6.08.010; Ord. No. 6.03 §1, 4-5-1924; Ord. No. 6.03A §1, 4-10-1973; Ord. No. 6.03B §1, 11-14-2000]
All animals, any species of horses, mules, asses, jennets, cattle, pigs and hogs of all species, sheep, goats or other animals is hereby prohibited except those areas within the City limits zoned "A-1". Proper impoundment shall be deemed as follows:
The minimum size of any area enclosed for animal impoundment shall not be less than twenty thousand (20,000) square feet. The area used shall be enclosed by fencing in good repair and of a durable quality sufficient to prevent any reasonable effort to escape.
No enclosure used for animal impoundment shall also contain a structure used for human inhabitance. No animal impoundment enclosure shall be located closer than seventy-five (75) feet from a structure used for human inhabitance.
[CC 2001 §6.08.020; Ord. No. 6.03 §3, 4-5-1924]
When any animal or animals mentioned in Section 205.150 shall be found running at large within the corporate limits of this City, except as provided in said Section, it shall be the duty of the Animal Controller to restrain the same in a suitable place to be provided or procured by the officer under order of the City Council, which place shall be known as the City Stock Pound. The animal or animals shall be safely kept therein until disposed of as hereinafter provided.
When any of the animals mentioned in Section 205.150 shall be restrained as above provided, the owner shall be notified thereof by three (3) or more written or printed handbills put up in three (3) or more public places in the City; provided that one (1) of the notices to be posted shall be put up in the post office. Each notice shall be addressed to the owner or owners of the animal or animals restrained, if known, and if the owner or owner be unknown, then to the unknown owner or owners of the animal or animals; shall contain a true description of the animal or animals restrained; and shall notify the owner or owners to claim and take animal or animals from the City stock pound, describing its location, and to pay the costs incurred in the proceedings and for the keeping of the animal or animals, or that the animal or animals will be sold under the judgment of Police Judge or Mayor of the City and the proceeds applied to the payment of the costs, unless the owner or owners appear in ten (10) days and show cause why the same shall not be done. The notice shall be signed by the Animal Control Officer.
[CC 2001 §6.08.030; Ord. No. 6.03 §4, 4-5-1924]
Upon proof made before the Police Judge or Mayor that any animal or animals mentioned in Section 205.150 have been found running at large within the corporate limits, except as provided in said Section, and has been impounded, and that at least ten (10) days' notice has been given as required by this Section, he/she shall, unless the owner or person having the care, custody or control of the same shall have shown to him/her good cause to the contrary, make and enter on his/her record an order and judgment for the sale of such animal or animals to pay the expenses and cost and keeping and feeding same and of these proceedings, reciting therein the facts and specifying the items of such proceeding, costs and expense.
[CC 2001 §6.08.040; Ord. No. 6.03 §5, 4-5-1924]
The Police Judge or Mayor shall certify to the Animal Control Officer a copy of every judgment entered in pursuance of this Chapter and upon receipt thereof, the Animal Control Officer shall, after five (5) days' notice by written or printed handbills posted up as required in Section 205.170 of the time, terms and place of sale, describing the animal or animals to be sold, sell such animal or animals for cash to the highest bidder. If the judgment directs the sale of more than one (1) animal, the officer shall sell them either singly or all together as to him/her may seem best. The proceeds of such sale shall be applied first to the judgment of the cost for keeping of the animals and the proceedings and the remainder shall be held by the City Treasurer subject to the order of the City Council for the owner. The officer shall within ten (10) days thereafter return all orders of sale showing by endorsement thereon the proceedings in execution thereof.
[CC 2001 §6.08.060; Ord. No. 6.03 §7, 4-5-1924]
At any time before sale the owner or person having the custody, care or control of any animal mentioned in this Chapter may claim the same by paying the cost and expenses accrued at the time of making such claim.
[CC 2001 §6.08.080; Ord. No. 6.03 §9, 4-5-1924]
It is unlawful for any person to willfully turn out of, or take from, or cause to escape from the City pound any animal placed in the pound by the Animal Control Officer, and any person who shall be convicted of violating the provisions of this Section shall be deemed guilty of an ordinance violation and upon conviction shall be fined in accordance with Section 100.220 of this Code.