[R.O. 2004 § 205.480]
A.
ADEQUATE CARE
ADEQUATE CONTROL
ANIMAL
ANIMAL SHELTER
FARM ANIMAL
HARBOR
HUMANE KILLING
OWNER
PERSON
PESTS
Definitions. As used in this Section, the following terms shall mean:
Normal and prudent attention to the needs of an animal, including
wholesome food, clean water, shelter and health care as necessary
to maintain good health in a specific species of animal.
To reasonably restrain or govern an animal so that the animal
does not injure itself, any person, any other animal, or property.
Every living vertebrate except a human being.
A facility which is used to house or contain animals and
which is owned, operated, or maintained by a duly incorporated humane
society, animal welfare society, society for the prevention of cruelty
to animals, or other not for profit organization devoted to the welfare,
protection, and humane treatment of animals.
An animal raised on a farm or ranch and used or intended
for use in farm or ranch production, or as food or fiber.
To feed or shelter an animal at the same location for three
(3) or more consecutive days.
The destruction of an animal accomplished by a method approved
by the American Veterinary Medical Association's Panel on Euthanasia
(JAVMA) 173: 59-72, 1978; or more recent editions, but animals killed
during the feeding of pet reptiles as allowed by code shall be considered
humanely killed.
In addition to its ordinary meaning, any person who keeps
or harbors an animal or professes to be owning, keeping, or harboring
an animal.
Any individual, partnership, firm, joint stock company, corporation,
association, trust, estate, or other legal entity.
Birds, rabbits, or rodents which damage property or have
an adverse effect on the public health, but shall not include any
endangered species listed by the United States Department of the Interior
nor any endangered species listed in the Wildlife Code of Missouri.
B.
Acts and facilities to which this Section does not apply. The provisions
of this Section shall not apply to:
1.
Care or treatment performed by a licensed veterinarian within
the provisions of Ch. 340, RSMo.;
2.
Bona fide scientific experiments;
3.
Hunting, fishing, or trapping as allowed by Ch. 252, RSMo.,
including all practices and privileges as allowed under the Missouri
Wildlife Code;
4.
Facilities and publicly funded zoological parks currently in
compliance with the Federal Animal Welfare Act, as amended;
5.
Rodeo practices currently accepted by the Professional Rodeo
Cowboys' Association;
6.
The humane killing of an animal by the owner thereof, the agent
of such owner, or by a veterinarian at the request of the owner thereof;
7.
The lawful, humane killing of an animal by an Animal Control
Officer, the operator of an animal shelter, a veterinarian, or Law
Enforcement or health official;
8.
With respect to farm animals, normal or accepted practices of
animal husbandry;
9.
The killing or injuring of an animal by any person at any time
if such animal is outside of the owned or rented property of the owner
or custodian of such animal and the animal is injuring or menacing
any person or farm animal but shall not include police or guard dogs
while working;
10.
The killing of house or garden pests; or
11.
Field trials, training and hunting practices as accepted by
the Professional Houndsmen of Missouri.
C.
Animal Neglect And Abandonment — Penalties.
1.
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
to include:
a.
A structurally sound, properly ventilated, sanitary, dry and
weatherproof shelter suitable for the species, age and condition of
the animal, which is free of litter or hazardous substances and objects
and which provides access to shade from direct sunlight and regress
from exposure to inclement weather conditions. The shelter shall have
at a minimum a floor, walls with an opening suitable for the size
of the animal and a roof. Unacceptable shelter includes but is not
limited to barrels, crates, cardboard boxes and tarpaulins;
b.
Wholesome foodstuffs suitable for the species which is provided
at suitable intervals for the species in a sanitary manner and in
quantities sufficient to maintain good health in the animal considering
its age and condition;
c.
Constant access or access at suitable intervals to a supply
of clean potable, unfrozen water provided in a sanitary manner and
in sufficient amounts for the species to maintain good health in the
animal; and
d.
Normal and prudent attention to the needs of the animal, including
all required immunizations, sufficient exercise and rest, and grooming
to maintain good health and the provision to each sick or injured
animal of the adequate veterinary care or humane death.
2.
A person is guilty of abandonment when he/she has knowingly
abandoned an animal in any place without making provisions for its
adequate care.
3.
Animal neglect and abandonment is punishable pursuant to Section 100.220. All fines and penalties for a first conviction of animal neglect or 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.
4.
In addition to any other penalty imposed by this Section, the
court may order a person found guilty of animal neglect or abandonment
to pay all reasonable costs and expenses necessary for:
a.
The care and maintenance of neglected or abandoned animals within
the person's custody or ownership;
b.
The disposal of any dead or diseased animals within the person's
custody or ownership;
c.
The reduction of resulting organic debris affecting the immediate
area of the neglect or abandonment; and
d.
The avoidance or minimization of any public health risks created
by the neglect or abandonment of the animals.
D.
Animal Abuse — Penalties.
1.
A person is guilty of animal abuse when a person:
a.
Intentionally or purposely kills an animal in any manner not
allowed by or expressly exempted from this ordinance without legal
excuse or justification;
b.
Purposely or intentionally causes injury or suffering to an
animal without legal excuse or justification;
c.
Has ownership or custody of an animal and knowingly fails to
provide adequate care or adequate control;
d.
Causes an animal to be carried, moved or kept in or upon any
vehicle in a cruel or inhumane manner; or
e.
Teases or torments an animal in a fashion so as to make such
animal mean or aggressive.
E.
Animals, Fighting, Training To Fight Or Injuring For Amusement Or
Gain, Penalty — Spectator, Penalty.
1.
2.
Any person who is knowingly present, as a spectator, at any place, building, or structure where preparations are being made for an exhibition of the fighting of animals, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in Subsection (E)(1)(b) of this Section, with the intent to be present at such exhibition, fighting, or injuring shall be punished pursuant to Section 100.220.
3.
Nothing in this Section shall be construed to prohibit:
a.
The use of animals in the management of livestock by the owner
of such livestock or his/her employees or agents or other persons
in lawful custody of such livestock;
b.
The use of animals in hunting; or
c.
The training of animals or the use of equipment in the training
of animals for any purpose not prohibited by law.
F.
Responsibility Of Parent Or Guardian Of Minor Owning. The parent
or guardian of a minor child is responsible for the adequate care
of any animal owned by, in the control of, or harbored by that minor
child at any place where the parent or guardian has legal or equitable
control.
G.
Neglected Or Abused Animal Not To Be Returned To Owner Or Custodian,
When. If a person is adjudicated guilty of animal neglect or animal
abuse and the court is satisfied that an animal owned or controlled
by such person would in the future be subject to such neglect or abuse,
such animal shall not be returned to or allowed to remain with such
person, but its disposition shall be determined by the court.
H.
Removal Of Animals; Impoundment. The Chief of Police or his/her authorized representative shall have the power to impound any animal within the City described in this Section, to remove animals from private owners and place them in the custody of such Chief of Police or his/her authorized representative in cases where the health or safety of the animal or the public is, in the opinion of the Chief or his/her representative, in immediate danger. Such Chief or his/her representative shall have the power to remove such animals, except from such owners' dwelling, without the consent of the owners, for the protection of the animals or the public, and shall have the right to retain custody of such animals until the threat to the health or safety of the animals or the public, in the opinion of the Chief or his/her representative, has been removed. Any expense incurred in such impoundment becomes a lien on the animal impounded and must be discharged before the animal is released from the custody of the Chief or his/her representative. Fees for dogs, cats and other small animals shall be consistent with Section 205.130. In the case of large animals, private livestock haulers, stables and other services may be utilized by the Chief or his/her representative. The actual cost of the City for these services shall be charged in lieu of the schedule set forth in Section 205.130.
I.
Disposal Of Unredeemed Animals. When the impounded or removed animal
is not claimed by its owner and all impoundment costs satisfied within
seven (7) days from the date of impoundment, such animal may be sold
at public or private sale for fair consideration to a person capable
of providing care consistent with this Section, with the proceeds
of that sale applied first to discharge of the lien, and any balance
to paid over to the owner. If no purchaser is found, the animal may
be disposed of in a humane manner at the discretion of the Poundmaster.
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.
[R.O. 2004 § 205.500]
A.
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.
B.
As used in this Section, "animal" means every living creature, domesticated
or wild, but not including Homo sapiens.
C.
The provisions of this Section shall not apply to a public servant
acting in the course of such servant's official duties.
