[R.O. 1997 §210.010; CC 1989 §4-1; Ord. No. 1110 §1, 2-8-1993; Ord. No. 1579 §1, 3-16-2009]
As used in this Chapter, the following words shall have the
meanings ascribed to them in this Section, unless the context otherwise
indicates.
Any animal, bird, fowl, or reptile within the City.
Off the premises of the owner of such animal and not on a
leash controlled by some person physically able to prevent the animal
from escaping.
Any part of a twenty-four-hour day between 12:00 A.M. and
11:59:59 P.M. of the same day.
To put to death in an approved humane manner, taking into
account the circumstances necessitating the euthanasia and the need
to protect the public health.
Apprehend, seize, catch, trap, net, quarantine, tranquilize,
or confine an animal in a humane manner.
Any person owning, keeping, bringing in or harboring an animal
within the corporate limits of the City.
A dog without a collar with the owner's name and address
and current rabies tag attached and whose owner can not be found after
reasonable inquiries.
Any animal which has attacked, bitten, or threatened to attack
any person being in this City, or which habitually attacks other animals
in this City, provided that the same shall have occurred off the premises
of the owner.
[R.O. 1997 §210.020; CC 1989 §4-2; Ord. No. 1110 §2, 2-8-1993]
No livestock, including fowl, except cattle and horses shall
be kept in the City, and only in an agricultural zone pursuant to
zoning ordinances.
[R.O. 1997 §210.030; CC 1989 §4-3; Ord. No. 1110 §3, 2-8-1993]
Any number of animals which exceed the number allowed by the
City zoning regulations are prohibited.
[R.O. 1997 §210.040; CC 1989 §4-4; Ord. No. 1110 §4, 2-8-1993]
A.
Every owner of an animal shall keep it from creating a nuisance.
B.
An animal creates a nuisance if it:
1.
Repeatedly soils, defiles, or defecates on property other than
property of the owner.
2.
Damages property belonging to a person other than a person responsible
for the animal.
3.
Causes unsanitary or dangerous conditions.
4.
Causes a disturbance by barking, howling, meowing, or other
noisemaking.
5.
Chases motor vehicles and bicycles.
6.
Molests, threatens, attacks, bites or interferes with persons
or other animals on public property or property not belonging to the
person responsible for the animal.
7.
Impedes refuse collection, mail delivery, meter reading or other
public service.
8.
Repeatedly tips, rummages through, or damages a refuse container.
[R.O. 1997 §210.050; CC 1989 §4-5; Ord. No. 1110 §5, 2-8-1993]
It shall be unlawful for any owner to abandon an animal within
the corporate limits of the City.
[R.O. 1997 §210.060; CC 1989 §4-6; Ord. No. 1110 §6, 2-8-1993]
A.
It shall be unlawful for any person to keep, harbor or bring within
this City any vicious animal, and suffer or permit the same to be
or run at large upon any public street, sidewalk or thoroughfare,
or on the premises of persons other than the owner, within the City.
B.
Any animal that has attacked, bitten or acted in a threatening manner
toward any person in this City, or which habitually attacks other
animals in this City, is declared to be vicious and may be impounded
as provided in this Chapter.
C.
If a vicious animal or stray found running at large, in violation
of this Chapter, cannot safely be taken up and impounded, the Cassville
Police or such other employees or officers of the City as the Board
of Aldermen may designate are authorized to kill the same.
[R.O. 1997 §210.070; CC 1989 §4-7; Ord. No. 1110 §7, 2-8-1993]
A.
All dogs and cats shall wear a collar with the owner's name and address
and a current metal tag as provided by a veterinarian noting the animal
has been vaccinated against the disease of rabies.
B.
The owners of all dogs and cats within the City shall have in their
possession a current certificate issued by a licensed doctor of veterinary
medicine, certifying that the animal has been vaccinated against the
disease of rabies.
C.
Collars with the name and address are not required on dogs whose
owners are non-residents temporarily within the City, nor to dogs
brought into the City for the purpose of participating in any dog
show, nor to "seeing-eye" dogs properly trained to assist blind persons,
when such dogs are actually being used by blind persons for the purpose
of aiding them in going from place to place, but a current certificate
issued by a licensed doctor of veterinary medicine, certifying that
such animal has been vaccinated against the disease of rabies must
be possessed.
B.
All
fines and penalties for a first finding of guilt under this Section
may be waived by the court if 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. This Section shall not apply to the provisions
of Section 578.007, RSMo., or Chapter 272, RSMo.
C.
In
addition to any other penalty imposed by this Section 578.009, RSMo.,
the court may order a person found guilty of animal neglect to pay
all reasonable costs and expenses necessary for:
1.
The care and maintenance of neglected animals within the person's
custody or ownership;
2.
The disposal of any dead or diseased animals within the person's
custody or ownership;
3.
The reduction of resulting organic debris affecting the immediate
area of the neglect; and
4.
The avoidance or minimization of any public health risks created
by the neglect of the animals.
A.
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.
B.
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.
A.
A person
commits the offense of animal abuse if he or she:
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 and 273.030, RSMo.;
2.
Purposely or intentionally causes injury or suffering to an animal;
or
3.
Having ownership or custody of an animal knowingly fails to provide
adequate care which results in substantial harm to the animal.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[R.O. 1997 §210.100; CC 1989 §4-10; Ord. No. 1110 §10, 2-8-1993]
No female dogs in heat shall be allowed to run at large or upon
the premises of one other than the owner. If such dog is found running
at large in violation of this provision, it shall be taken up and
impounded and shall not be released except upon the approval of the
Chief of Police and after the payment of proper fees. Provided, however,
that if the dog so found at large cannot be safely taken up and impounded
and efforts to locate the owner are unsuccessful, such dog may be
killed.
[R.O. 1997 §210.110; CC 1989 §4-12; Ord. No. 1110 §12, 2-8-1993; Ord. No. 1421 §1, 9-15-2003]
A.
Order Of Quarantine Generally. The Mayor shall have
the power and authority, at any time deemed necessary for the protection
of the public, health, welfare and safety, to issue an order to quarantine,
and it shall be the duty of any person who owns, controls, possesses,
keeps or has in custody any dog, cat or other animal subject to rabies
to comply strictly with such quarantine order.
B.
Quarantine Of Dog, Cat Or Other Animal. Owners of
a dog, cat or other animals subject to rabies hereof, which has bitten
a person or another animal, or which acts in a suspicious manner suggesting
rabies, or which is viciously inclined, upon receipt of written notice
from the Cassville Police Department or such other employees or officers
of the City as the Board of Aldermen may designate, shall deliver
such animal to a licensed veterinarian for impoundment of such animal
for a period of ten (10) days for rabies observation. Such dog, cat
or other animal so impounded or quarantined shall be kept in such
manner that neither human beings nor other animals can be bitten during
such period of observation.
[R.O. 1997 §210.120; CC 1989 §4-13; Ord. No. 1110 §13, 2-8-1993; Ord. No. 1579 §1, 3-16-2009]
A.
The Cassville Police Department, or such other employees or officers of the City as the Board of Aldermen may designate, are authorized and directed to take into their possession any animal deemed a stray or which presents a threat to the health and welfare of the City or which is repeatedly in violation of Section 205.010.
B.
Animals deemed as strays or which present a threat to the health
and welfare of the City and which cannot be safely taken up and impounded
may be killed.
C.
Animals taken up for impoundment shall be impounded in the City pound
to be designated by the Mayor of the City and there held for no more
than seven (7) calendar days. If the owner of the animal so impounded
does not appear and claim it within the seven-calendar-day period
of impoundment, it shall be destroyed or sold.
[R.O. 1997 §210.130; CC 1989 §4-14; Ord. No. 1110 §14, 2-8-1993; Ord. No. 1579 §1, 3-16-2009]
A.
Any owner claiming an animal that has been impounded under this Chapter
shall pay to the City a non-refundable fee of twenty-five dollars
($25.00) for each partial or full calendar day starting the day the
animal has been impounded and including the day the animal is recovered
by its owner.
B.
In addition, the owner shall provide the City a copy of current immunization,
to include rabies vaccination, for the animal within five (5) business
days of recovery of the animal. Failure to provide current immunization
within five (5) business days will result in a summons, and possible
fine, to the identified owner of the animal.
C.
All impoundment fees, along with the owner's name and address will
be obtained prior to the release of the animal. All fees must be paid
by cash, money order or cashier's check made payable to the City of
Cassville. Personal checks will not be accepted. A receipt will be
provided for funds received.
D.
Animals determined to be vicious, after full investigation by an
authorized City Official, will be euthanized.
[R.O. 1997 §210.140; CC 1989 §4-15; Ord. No. 1110 §15, 2-8-1993]
A.
Any owner of an animal, or any person in charge of or having custody
and control of an animal, who shall violate any provision of this
Chapter shall be deemed guilty of an ordinance violation and, upon
conviction thereof, shall be subject to a fine of not less than twenty-five
dollars ($25.00) nor more than five hundred dollars ($500.00), plus
court costs and any impoundment or other fees relating to the animal.
B.
Each and every occurrence shall be an additional violation and a
separate offense subject to fine.
