[Ord. No. 2000, 11-2-1981; Ord. No. 2.500 § 1, 11-2-1981; Ord. No. 2.500-A § 1, 5-3-1982]
The intent of this Chapter is to require animal owners, keepers,
harborers or maintainers to comply with the ordinances of this City
and not merely to operate an impoundment program. The enforcement
of this Chapter shall therefore place primary emphasis upon apprehending
and initiating prosecution of violators of this Chapter.
[Ord. No. 2.000, 11-2-1981; Ord. No. 2.500 § 1, 11-2-1981; Ord. No. 2.500- A § 1, 5-3-1982; Ord. No. 94-12-01, 12-5-1994]
Whenever the following terms are used, each shall have the meaning
respectively ascribed in this Section:
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 himself/herself, any person, any other animal, or
property.
Any live, vertebrate creature, domestic or wild, other than
humans.
Any person employed by the City of Greenwood to enforce this
Chapter.
The facility or facilities designated by Greenwood, Missouri,
or its authorized agents for the purpose of impounding or caring for
animals held under the authority of this Chapter or State law.
Any pet shop, grooming shop, auction, riding school, stable,
kennel, guard dog service, dog trainer or business keeping animals
in stock for retail or wholesale trade or any establishment performing
one (1) or more of the principal activities of the aforementioned
establishments.
Any animal which is domesticated as opposed to wild or free
roaming.
To feed or shelter an animal at the same location for three
(3) or more consecutive days.
Any person, group of persons or corporation engaged in the
commercial business of breeding, buying, selling or boarding dogs
or cats and/or owns, harbors or keeps five (5) or more dogs or cats.
Any swine, bovine, goat, sheep, beast of burden or any other
domestic or wild animal of similar or larger size.
Any system or systems of animal identification approved by
the City Clerk which do not involve alteration or permanent marking
of an animal.
Any person, group of persons or corporation owning, keeping,
harboring or maintaining any animal.
Any individual, group, partnership, corporation or other
identifiable entity.
Any animal (or group of animals which contains any animal)
which:
Molests any passerby or chases passing vehicles, including bicycles.
Attacks any other animal.
Is in heat and not properly restrained or confined as provided
in this Chapter.
Is running at large.
Damages public or private property.
"Barks, whines or howls in an excessive fashion" which is hereby
defined as continuous or untimely so as to disturb the sleep of any
individual who is a neighbor (a "neighbor" for this purpose is hereby
defined as an individual residing in a residence structure which is
within one hundred (100) yards of the property on which the animal
is kept or harbored) and who does in writing state that he/she will
so testify if called upon to testify about such matter under oath.
Is ridden on public property which obstructs or interferes with
vehicular or pedestrian traffic.
Causes injury to people.
Threatens or causes a condition which endangers public health.
Impedes refuse collection by ripping any bag or tipping any
container of such.
An animal is under restraint if it is within a fully enclosed
or fenced area or under leash of the owner, keeper, harborer or maintainer.
Any animal not within the definition of large animal, but
including all dogs without reference to size.
A facility which has the primary function of providing medical
care for animals and is operated by a currently licensed veterinarian.
Any animal which is predominantly free roaming as opposed
to domesticated.
[Ord. No. 2.000 , 11-2-1981; Ord. No. 2.500 §§ 2,
4,11-2-1981; Ord. No.
2.500-A §§ 2,4, 5-3-1982]
A.Â
Administer and Enforce. Except where otherwise provided, it shall
be the duty of the Animal Control Officer to administer and enforce
the provisions of this Chapter directly or through staff supervised
by said Animal Control Officer.
B.Â
Records. The Animal Control Officer shall keep a record in which he/she shall enter all his/her official transactions. Such record shall be open to the inspection of any person as authorized or limited by the Revised Statutes of Missouri, particularly Chapter 610 and such other enactments as may be or become applicable.
[Ord. No. 2.000 , 11-2-1981; Ord. No. 2.500 § 3, 11-2-1981; Ord. No. 2.500-A § 3, 5-3-1982]
It shall be the duty of the Police Department to assist the
Animal Control Officer in enforcing the provisions of this Chapter.
[Ord. No. 2.000, 11-2-1981; Ord. No. 2.500 §§ 7, 11-2-1981; Ord. No. 2.500-A § 7, 5-3-1982]
A.Â
The keeping or harboring of dangerous animals other than dogs within the City is hereby prohibited. Other than as to dogs, which are regulated by Section 205.190, the Animal Control Officer shall have the authority to declare an animal dangerous because of past behavior, violations of this Chapter or the inherently dangerous nature of the animal as to persons. Such a declaration shall be grounds for the impoundment and destruction of the animal unless, without danger to the public, it can be and is removed from the City within forty-eight (48) hours.
B.Â
Within any "residential area" (for purposes of this Section here
defined as any area not zoned for commercial, agricultural or industrial
purposes), the keeping or harboring of any warm-blooded carnivorous
or omnivorous animal (excluding fowl, dogs, house cats and small rodents
of varieties used for laboratory purposes) and animals having poisonous
bites is hereby prohibited, if not elsewhere prohibited in this Chapter.
C.Â
The members of the Police Department or any other persons designated
by the City are authorized to kill any dangerous animals of any kind
when it is necessary for the protection of any person or property.
A.Â
Any duly authorized Public Health Official or Law Enforcement Official
may seek a warrant from the appropriate court to enable him/her to
enter private property in order to inspect, care for, or impound neglected
or abused animals. All requests for such warrants shall be accompanied
by an affidavit stating the probable cause to believe a violation
of Sections 578.003 to 578.023, RSMo., has occurred. A person acting
under the authority of a warrant shall not be liable for any necessary
damage to property while acting under such warrant. All animals impounded
pursuant to a warrant issued under this Section shall be:
1.Â
Placed in the care or custody of a veterinarian, the appropriate
animal control authority, or an animal shelter. If no appropriate
veterinarian, animal control authority, or animal shelter is available,
the animal shall not be impounded unless it is diseased or disabled
beyond recovery for any useful purpose; or
2.Â
If it is determined by a veterinarian that an animal impounded
under a warrant is diseased or disabled beyond recovery for any useful
purpose, that animal may be humanely killed.
B.Â
The owner or custodian of any animal who has been convicted of animal
neglect or animal abuse shall be liable for reasonable costs for the
care and maintenance of the animal. Any person incurring reasonable
costs for the care and maintenance of such animal shall have a lien
against such animal until the reasonable costs have been paid, and
may put up for adoption or humanely kill such animal if such costs
are not paid within ten (10) days after demand. Any monies received
for an animal adopted pursuant to this Subsection in excess of costs
shall be paid to the owner of such animal.
C.Â
The owner or custodian of any animal killed pursuant to this Section
shall be entitled to recover the actual value of the animal if the
owner or custodian shows that such killing was unwarranted. (RSMo.
§ 578.018)
A.Â
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.Â
Animal Neglect is a Misdemeanor. All fines and penalties for a first
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.
(RSMo. § 578.009)
A.Â
A person is guilty of animal abuse when a person:
1.Â
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.Â
Purposely, intentionally or recklessly causes injury, suffering,
or pain to an animal;
3.Â
Abandons an animal in any place without making provisions for
its adequate care;
4.Â
Overworks or overloads an animal, or drives or works an animal
unfit to work; or
5.Â
Having ownership or custody of an animal willfully fails to
provide adequate care or adequate control.
B.Â
Animal abuse is a misdemeanor. (RSMo. § 578.012)
[Ord. No. 2.000, 11-2-1981; Ord. No. 2.500 § 12, 11-2-1981; Ord. No. 2.500-A § 12, 5-3-1982]
It shall be unlawful for the owner, keeper, harborer or maintainer
to allow or permit any species of animal to become a public nuisance.
[Ord. No. 2.000, 11-2-1981; Ord. No. 2.500 § 13, 11-2-1981; Ord. No. 2.500-A § 13, 5-3-1982]
A.Â
No domestic animal afflicted with a contagious or infectious disease
shall be allowed to run at large or to be exposed in any public place
whereby the health of man or beast may be affected; nor shall such
diseased animal be shipped or removed from the premises of the owner
thereof, except under the supervision of the Chief of Police or the
Animal Control Officer.
B.Â
It is hereby made the duty of the Animal Control Officer to secure
such disposition of any diseased animal and such treatment of affected
premises to prevent the communication and spread of the contagion
or infection, except in cases where the State veterinarian is empowered
to act.
[Ord. No. 2.000, 11-2-1981; Ord. No. 2.500 § 16, 11-2-1981; Ord. No. 2.500-A § 16, 5-3-1982]
A.Â
No
person shall own or keep any animal which by making excessive noise
disturbs a neighborhood. The following definitions and conditions
shall be specially applicable to enforcement of the aforesaid prohibition
of this Section:
1.Â
The phrase "excessive noise" shall mean and include any noise
produced by an animal which is so loud and continuous or untimely
as to disturb the sleep of a neighbor.
2.Â
The term "neighbor" shall mean an individual residing in a residence
structure which is within one hundred (100) yards of the property
on which the animal is kept or harbored and who does in writing state
that he/she will testify under oath to said animal making excessive
noise.
3.Â
If a General Ordinance Summons is issued charging violation
of this Section, a subpoena shall also be issued to the disturbed
neighbor to testify in the matter.
[Ord. No. 2.000 , 11-1-1981; Ord. No. 2.500 § 32, 11-2-1981; Ord. No. 2.500 -A § 32, 5-3-1982]
A.Â
Every animal which bites or scratches a person shall be promptly
reported to the Animal Control Officer and shall thereupon be securely
quarantined at the direction of the Animal Control Officer for a period
of ten (10) days and shall not be released from such quarantine except
by written permission of the Animal Control, Officer such quarantine
may be on the premises of the owner, at the shelter designated as
the City animal shelter or at the owner's option and expense, in a
veterinary hospital of his/her choice. In the case of stray animals,
or in the case of animals whose ownership is not known, such quarantine
shall be at the shelter designated as the City animal shelter.
B.Â
The owner, upon demand by the Animal Control Officer shall forthwith
surrender any animal which has bitten a human, or which is suspected
as having been exposed to rabies, for supervised quarantine, the expenses
of which shall be borne by the owner. Said animal may be reclaimed
by the owner if it is adjudged free of rabies, upon payment of fees
set forth in this Section and upon compliance of licensing provisions
as so set forth.
C.Â
When rabies has been diagnosed in an animal under quarantine or rabies
is suspected by a licensed veterinarian, and the animal dies while
under such observation, the Animal Control Officer shall immediately
send the head of such animal to the State Health Department for pathological
examination and shall notify the City Health Officer of reports of
human contacts and the diagnosis.
D.Â
When one (1) or both reports indicate a positive diagnosis of rabies,
the Animal Control Officer shall recommend an area-wide quarantine
for a period of sixty (60) days, and upon invoking of such emergency
quarantine by the City Health Officer, no pet or animal shall be taken
into the streets, or permitted to be in the streets during such period
of quarantine. During such quarantine, no animal may be taken or shipped
from the City without written permission of the Animal Control Officer.
E.Â
During this quarantine period and as long afterward as he/she decides
it is necessary to prevent the spread of rabies, the City Health Officer
shall require all dogs three (3) months of age and older be vaccinated
against rabies with a canine rabies vaccine approved by the biologics
control section of the U.S. Department of Agriculture. The types of
approved canine anti-rabies vaccine to be used and the recognized
duration of immunity for each shall be established by the City Health
Officer. All vaccinated dogs shall be restricted (leashing or confinement
on enclosed premises) for thirty (30) days observation. During the
quarantine period, the City Health Officer shall be empowered to provide
for a program of mass immunization by the establishment of temporary
emergency canine rabies vaccination clinics strategically located
throughout the City.
F.Â
No dog which has been impounded by reason of its being a stray, unclaimed
by its owner, is allowed to be adopted by the animal shelter during
the period of rabies emergency quarantine, except by special permission
of the City Health Officer and the Animal Control Officer.
G.Â
Dogs bitten by a known rabid animal shall be immediately destroyed
or if the owner is unwilling to destroy the exposed animal, strict
isolation of the animal in a kennel for six (6) months shall be enforced.
If the dog has been previously vaccinated, within the time limits
established by the public health service based on the kind of vaccine
used, re-vaccination and restraint (leashing and confinement) for
thirty (30) days shall be carried out.
H.Â
In the event there are additional positive cases of rabies occurring
during the period of the quarantine, such period of quarantine may
be extended for an additional six (6) months.
I.Â
No person shall kill, or cause to be killed, any rabid animal, any
animal suspected of having been exposed to rabies or any animal biting
a human, except as herein provided, nor remove such animal from the
City limits without permission from the Animal Control Officer.
J.Â
The carcass of any dead animal exposed to rabies shall upon demand
be surrendered to the Animal Control Officer.
K.Â
The Animal Control Officer shall direct the disposition of any animal
found to be infected with rabies.
L.Â
No person shall fail or refuse to surrender any animal for quarantine
or destruction as required herein when demand is made therefor by
the Animal Control Officer.
