City of Malden, MO
Dunklin County
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Table of Contents
Table of Contents
[Ord. No. 2702, 1-10-2000]
As used in this Chapter, the following terms are defined below:
ANIMAL
Every non-human species of animal, both domestic and wild.
ANIMAL SHELTER
Any facility operated by a humane society, or municipal agency or its authorized agents, for the purpose of impounding animals, under the authority of this Chapter or State law for care, confinement, return to owner, adoption, or euthanasia.
ANIMAL-AT-LARGE
Any animal not under the restraint of a person capable of controlling the animal and/or off the premises of the owner.
AUCTION
Any place or facility where animals are regularly bought, sold, or traded, except for those facilities otherwise defined in this Chapter. This Section does not apply to individual sales of animals by owners.
CIRCUS
A commercial variety show featuring animal acts for public entertainment.
COMMERCIAL ANIMAL ESTABLISHMENTS
Any pet shop, grooming shop, guard dog, auction, riding school or stable, zoological park, circus, performing animal exhibition, or boarding or breeding kennel.
1. 
Any dog which, according to the records of the appropriate authority, has inflicted severe injury on a human being without provocation on public or private property; or
2. 
Any dog which, according to the records of the appropriate authority, has killed a domestic animal without provocation while off the owners property; or
3. 
Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; or
4. 
Any dog, not owned by a government or law enforcement unit, used primarily to guard public or private property; or
5. 
Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of human beings or domestic animals; or
6. 
Any dog which, when provoked, chases or approaches a person upon any public or private property in a menacing fashion or apparent attitude of attack.
ENCLOSURE
Any device erected to securely maintain a dog, cat or any other animal within the premises of the owner of the animal, including, but not limited to, fencing or electronic devices.
GROOMING SHOP
A grooming establishment where animals are bathed, clipped, plucked, or otherwise groomed.
GUARD DOG
Any dog that will detect and warn its handler that an intruder is present in/or near an area that is being secured.
HUMANE OFFICER or ANIMAL CONTROL OFFICER
Any person designated by the State of Missouri, a municipal government, or a humane society as a Law Enforcement Officer who is qualified to perform such duties under the laws of this State.
KENNEL or CATTERY
Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.
OWNER
Any person, partnership, or corporation owning, keeping, or harboring one (1) or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more, or if the owner is a minor, the term "owner" shall include the parent or legal guardian of such minor.
PERFORMING ANIMAL EXHIBITION
Any spectacle, display, act, or event, other than circuses, in which performing animals are used.
PET or COMPANION ANIMAL
Any animal kept for pleasure rather than utility; an animal of a species that has been bred and raised to live in or about the habitation of humans and is dependent on people for food and shelter.
PET SHOP
Any person, partnership, or corporation, whether operated separately or in connection with another business enterprise (except for a licensed kennel), that buys, sells, or boards any species of animal.
PUBLIC NUISANCE
Any animal or animals that unreasonably annoy humans, endangers the life or health of other animals or persons, or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance animal" shall mean and include, but is not limited to, any animal that:
1. 
Is found at large two (2) or more times;
2. 
Damages the property of anyone other than its owners;
3. 
Molests or intimidates pedestrians or passersby;
4. 
Chases vehicles;
5. 
Excessively makes disturbing noises, including, but not limited to, continued repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
6. 
Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
7. 
Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored:
8. 
Is offensive or dangerous to the public health, safety, or welfare by virtue of the number and/or types of animals maintained;
9. 
Attacks other domestic animals; or
10. 
Has been found by the Municipal Court, after notice to its owner and a hearing, to be a public nuisance animal by virtue of being a menace to the public health, welfare, or safety.
RESTRAINT
Any animal secured by a leash or within the real property limits of its owner pursuant to the appropriate restrictions.
RIDING SCHOOL or STABLE
Any place that has available for hire, boarding, and/or riding instruction any horse, pony, donkey, mule, or burro; or any place that regularly buys, sells, or trains the above animals, including a racetrack, trotting track, or rodeo.
SEVERE INJURY
Any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
VETERINARY HOSPITAL
Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.
WILD ANIMAL
Any living member of the animal kingdom, including those born or raised in captivity, except the following: human beings, domestic dogs (excluding hybrids with wolves, coyotes, or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodent, any hybrid animal that is part wild, and captive-bred species of common caged birds, and any animal for which the owner has previously obtained a permit from the State Department of Conversation.
ZOOLOGICAL PARK
Any facility operated by a person, partnership, corporation, or government agency, other than a pet shop or kennel, displaying or exhibiting one (1) or more species of non-domesticated animals.
[Ord. No. 2702, 1-10-2000]
A. 
The Code Enforcement Officer is designated Animal Control Supervisor and as such, shall have all the powers of the Humane Officer, and may perform the duties of the Humane Officer in his absence.
1. 
Upon written complaint, the Animal Control Supervisor and the Humane Officer, upon investigation, shall determine whether to declare an animal dangerous based upon the evidence obtained. When the Humane Officer and the Animal Control Supervisor have declared an animal to be dangerous, the owner of such animal shall immediately comply with Section 240.060(E), (F), (G), (H), and (I) of this Chapter. The Animal Control Officer and Humane Officer also shall summons the owner of such animal to Municipal Court.
2. 
No dog may be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or has, in the past, been reported to have teased, tormented, abused or assaulted the dog or was committing or attempting to commit a crime or offense.
3. 
The Humane Officer and the Animal Control Supervisor may declare an animal or holding facility a public nuisance. When an animal meets the definition of public nuisance as described in Section 240.010 of this Chapter, the Animal Control Supervisor and the Humane Officer, may revoke, suspend, or refuse to issue a license for such an animal. The owner of an animal that has been declared a public nuisance shall also be summoned to City Court for said animal violation.
4. 
All electronic devices used to control any animal or animals must first be approved by the Animal Control Supervisor.
[Ord. No. 2806 § 1, 11-10-2003; Ord. No. 2830, 12-13-2004]
A. 
The following procedures and fees shall be placed into effect with regard to each animal owned within the city limits of Malden, Missouri, to wit:
1. 
That each animal owned and kept within the City of Malden shall be registered with the Animal Control Officer at the Municipal Building in the City of Malden, Missouri.
2. 
That on the initial time that an animal is registered, the Animal Control Officer should collect a fee of seven dollars and fifty cents ($7.50) at the time of registration. The animal shall not be registered unless the fee is paid in full. The fee shall be delivered to the City Treasurer. At the time of the initial registration, the owner of the dog shall bring some proof of identification but under no circumstances shall the owner or other person who registers the dog on behalf of the owner be required to provide a photo identification. The owner may, if he or she so chooses provide such photographic identification, but will not be required to do so. The owner simply must provide some kind of documentation or information that would satisfy a reasonable person that the owner is in fact the individual whom he or she purports to be. Further, the owner of the dog shall not be required to provide his or her social security number.
3. 
That at the time of the initial registration, the owner of the animal shall bring proof of rabies vaccinations and other requirements that may be required by State Law in order for the animal to be kept and maintained within the City of Malden, Missouri and shall provide a photograph of the animal or, as an alternative thereto, make the animal available to be photographed by the Animal Control Officer at the Municipal Building.
4. 
That the owner shall have the continued obligation to comply in all manner with applicable State law with regard to rabies vaccination and other obligations placed upon the owner of the animal by existing State statutes or as may be adopted by the State Legislature in the future.
5. 
There shall no longer be a requirement that there be an annual registration of the animal unless the ownership of an animal changes. At any time there is a new owner, within thirty (30) days of the transferred ownership, the new owner shall complete the registration required above, including the payment of the registration fee and the requirement of current photograph.
6. 
That if the animal does not change ownership, then no additional registration shall be required nor would there be any fee assessed.
7. 
That any person who violates the terms of this Section shall be punished as set out in Section 100.220.
[Ord. No. 2702, 1-10-2000]
A. 
Any person owning, keeping, harboring, or having custody of any animal over four (4) months of age within this municipality must obtain a license as herein provided. This provision may not apply to small cage birds or to aquatic and amphibian animal kept solely as pets.
B. 
Written application for licenses, which shall include name and address of applicant, description of the animal, and rabies certificate issued by a licensed veterinarian or anti-rabies clinic, shall be made to the Humane Office or other designated offices.
C. 
If not revoked, licenses for keeping dogs and cats shall be for a period of one (1) year.
D. 
Application for a license must be made within thirty (30) days after obtaining a dog or cat over four (4) months of age; this requirement will not apply to a nonresident keeping a dog or cat within the municipality for no longer than sixty (60) days.
E. 
Dogs and cats must wear identification tags at all times when off the premises of the owners.
F. 
The licensing authority shall maintain a record of all dogs and cats licensed and shall make this record available to the public at all times.
G. 
No person may use any license for any animal other than the animal for which it was issued.
H. 
Upon passage of this proposed regulations the maximum number of animals at any residence shall be four (4) dogs.
I. 
Upon passage of this proposed regulations the maximum number of animals at any residence shall be four (4) cats.
J. 
At the passage of this Chapter, any owner having more than four (4) dogs or four (4) cats shall be limited to the number of dogs/or cats they currently own. However, through attrition, death, transfer or any other means, the vacancy of any number of dogs and/or cats shall not be replaced before the total number of dogs or cats is less than the four (4) allowed in Section 240.030, Subsections (H) and (I).
[Ord. No. 2702, 1-10-2000]
A. 
No person, partnership or corporation shall operate a commercial animal establishment or animal shelter without first obtaining a permit in compliance with this Chapter.
B. 
The licensing authority shall promulgate regulations for the issuance of permits and shall include requirements for humane care of all animals and for compliance with the provisions of this Chapter and other applicable laws. The licensing authority may amend such regulations from time to time as deemed desirable for public health and welfare and for the protection of animals.
C. 
When a permit applicant has shown that he/she is willing to comply with the regulations promulgated by the licensing authority, a permit shall be issued upon payment of the applicable fee.
D. 
The permit period shall begin with the fiscal year and shall run for (1) year. Renewal applications for permits shall be made thirty (30) days prior to, and up to sixty (60) days after, the start of the fiscal year. Application for a permit to establish a new commercial animal establishment under the provisions of this Chapter may be made at any time.
E. 
If there is a change in ownership of a commercial animal establishment, the new owner may have the current permit transferred to his/her name upon payment of a ten dollar ($10.00) transfer fee.
F. 
No person shall train any dog to be used as a guard or sentry dog without possessing a valid license. This Section shall not apply to the City Government or any of its agencies. The application for a guard or sentry training license shall state the name and address of the owner and trainer, location of the facility, and the maximum number of dogs to be housed at the training facility.
G. 
Annual permits shall be issued upon payment of the applicable fee:
(Under no circumstances shall any of the following be allowed in any R-1 or R-2 zoning district)
Kennel authorized to house fewer than ten (10) dogs or cats: fifty dollars ($50.00).
Kennel authorized to house ten (10) or more but fewer than fifty (50): one hundred dollars ($100.00).
Kennel authorized to house fifty (50) or more dogs or cats: fifty dollars ($150.00).
Pet Shop: one hundred dollars ($100.00).
Riding Stable: one hundred dollars ($100.00).
Auction: one hundred dollars ($100.00)
Zoological Park: two hundred dollars ($200.00).
Circus: two hundred dollars ($200.00).
Grooming Shop: fifty dollars ($50.00).
Guard-Dog Training Center: two hundred dollars ($200.00).
H. 
Every facility regulated by this Chapter shall be considered a separate enterprise requiring an individual permit.
I. 
Persons operating kennels for the breeding of dogs or cats may elect to license such animals individually.
J. 
No fee may be required of any veterinary hospital, animal shelter, or government-operated zoological park.
K. 
Failure to obtain a permit before opening any facility covered in this Section shall result in a fine of two hundred dollars ($200.00).
L. 
Any person who has a change in the category under which a permit was issued shall be subject to reclassification and readjustment of the permit fee.
[Ord. No. 2702, 1-10-2000]
A. 
After an application is filed, the licensing authority shall inspect the facility prior to issuing the permit. The licensing authority may revoke any permit or license if the person refuses or fails to comply with this Chapter, the regulations promulgated by the licensing authority or any law governing the protection and keeping of animals. Any person whose permit or license is revoked shall, within (10) days thereafter, humanely dispose of all animals owned, kept or harbored. No part of the permit or license fee shall be refunded.
B. 
It shall be a condition of the issuance of any permit/licensing authority shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for such inspection is refused, revoke the permit or license of the refusing owner.
C. 
If the applicant has withheld or falsified any information on the application, the licensing authority shall refuse to issue a permit or license.
D. 
No person who has been convicted of cruelty to animals shall be issued a permit or license to operate a commercial animal establishment.
E. 
Any person having been denied a license or permit may not reapply for a period of thirty (30) days. Each reapplication shall be accompanied by a ten dollar ($10.00) fee.
[Ord. No. 2702, 1-10-2000]
A. 
All dogs and cats shall be kept under restraint.
B. 
No owner shall fail to exercise proper care and control of his/her animals to prevent them from becoming a public nuisance.
C. 
Every vicious animal, as determined by the licensing authority, shall be confined by the owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of the owner.
D. 
All dogs in excess of thirty (30) pounds shall be in an enclosure or in a house.
E. 
Dangerous Dogs; Restraint Requirements. While on the owner's property, a dangerous dog 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 prevent the animal from escaping. Such pen or structure must have minimum dimensions of five (5) feet by ten (10) feet and must be at least five (5) feet high with posts anchored in the ground at least two (2) feet and must have secure sides and a secure top. The animal must be chained within enclosure unless under direct physical supervision of a responsible person. If it has no bottom secured to the sides, the sides must be embedded into the ground no less than two (2) feet. The enclosure must also provide protection from the elements for the dog.
F. 
The owner or keeper shall display a sign on his/her premises warning 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. In addition, the owner shall conspicuously display a sign with a symbol warning children of the presence of a dangerous dog.
G. 
A dangerous dog may be off the owner's premises if it is muzzled and restrained by a substantial chain and collar or leash not exceeding six (6) feet in length and under control of a responsible person. The muzzle must be made in a matter that it will not cause injury to the dog or interfere with its vision or respiration but must prevent it from biting any person or animal.
H. 
The owner or keeper shall notify the Animal Control Supervisor within twenty-four (24) hours if a dangerous dog is loose, unconfined, has attacked another animal or has attacked a human being or has died or has been sold or given away. If the dog has been sold or given away, the owner or keeper shall provide the Animal Control Supervisor name, address and telephone number of the new owner, who must comply with the requirements of this Chapter.
I. 
If the owner or keeper of a dog that has been designated is unwilling or unable to comply with the above regulations for keeping such an animal, then he/she should have the animal humanely euthanized by an animal shelter, animal control agency or licensed veterinarian, after a fourteen-day holding period. Any dog that has been designated as dangerous under these laws may not be offered for adoption.
[Ord. No. 2702, 1-10-2000]
A. 
Unrestrained dogs and nuisance animals shall be taken by the Police, Animal Control Officer, or Humane Officer and impounded in an animal shelter and there confined in a humane matter.
B. 
Impounded dogs and cats shall be kept for not fewer than five (5) working days.
C. 
If, by a license tag or other means, the owner of an impounded animal can be identified, the Animal Control Officer shall immediately upon impoundment notify the owner by telephone or certified mail.
D. 
Any owner reclaiming an impounded cat shall pay a fee of ten dollars ($10.00) and three dollars ($3.00) for each day the animal has been impounded. Subsequent impounds occurring within twelve (12) months are charged double.
E. 
Any animal not reclaimed by its owner within five (5) working days shall become the property of the local government authority or humane society and shall be placed for adoption in a suitable home or humanely euthanized by any method approved by the Missouri Department of Agriculture.
F. 
In addition to, or in lieu of, impounding an animal found at large, the Animal Control Supervisor, Humane Officer, or Police Officer may issue to the known owner of such animal, a notice of ordinance violation. Such notice shall impose upon the owner a penalty of twenty-five dollars ($25.00) that may, at the discretion of the animal owner, be paid to any agency designated by the licensing authority within seventy-two (72) hours in full satisfaction of the assessed penalty. In the event that such penalty is not paid within the time period prescribed, a criminal warrant shall be initiated before Municipal Court and upon conviction of a violation or the Chapter, the owner shall be punished as provided for in this Chapter.
G. 
The owner of an impounded animal may also be proceeded against for violation of this Chapter after notice of a second offense.
H. 
The licensing authority shall automatically review all licenses issued to animal owners against whom three (3) or more ordinance violations have been assessed in a twelve-month period.
I. 
The Shelter Director shall keep complete and accurate records of the care, feeding, veterinary treatment and disposition of all animals impounded at the shelter.
J. 
Any dog involved in a fatal attack on a human being, or attack that results in severe injury to a human being, whether provoked or unprovoked, the animal shall be confiscated and, after fourteen (14) days observation period, the dog shall be humanely euthanized.
A. 
A person commits the offense of animal neglect if he or she:
1. 
Has custody or ownership of an animal and fails to provide adequate care; or
2. 
Knowingly abandons an animal in any place without making provisions for its adequate care.
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 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.
A. 
A person commits the offense of knowingly releasing an animal if he or she, 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.
[1]
Note: Under certain circumstances, this offense can be a felony under State law.
[Ord. No. 2702, 1-10-2000]
A. 
It is unlawful for any person to:
1. 
Own, possess, keep, or train any dog with the intent that such dog shall be engaged in an exhibition of fighting with another dog.
2. 
For amusement or gain, cause any dog to fight with another dog, or cause any dogs to injure each other; or
3. 
Permit any act as described in Subsection (A)(1) or (A)(2) of this Section to be done on any premises under his/her charge or control, or aid or abet any such act.
B. 
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 dogs, 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 (A)(2) of this Section, with the intent to be present at such exhibition, fighting, or injuring is guilty of an ordinance violation.
C. 
Nothing in this Section shall be construed to prohibit:
1. 
The use of dogs 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;
2. 
The use of dogs in hunting; or
3. 
The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law.
[Ord. No. 2702, 1-10-2000]
A. 
No person shall own, possess, or have custody, on his/her premises, of any wild or vicious animal for display, training, or exhibition purposes, whether gratuitously or for a fee. This Section shall not be construed to apply to AAZPA-accredited facilities.
B. 
No person shall keep or permit to be kept, any wild animal as a pet, unless having previously obtained permit from the State Department of Conservation.
C. 
The licensing authority shall have the power to release or order the release of any infant wild animal under temporary permit that is deemed capable of survival.
[Ord. No. 2702, 1-10-2000]
A. 
No person may sponsor, promote, train a wild animal to participate in, contribute to the involvement of a wild animal in, or attend as a spectator any activity or event in which any wild animal is wrestled, fought, mentally or physically harassed, or displayed in such a way that the animal is abused or stressed mentally or physically or is induced or encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a matter that will cause or is likely to cause physical injury or suffering. This prohibition applies to events and activities taking place in either public or private facilities or property, and applies regardless of the purpose of the event or activities and irrespective of whether or not a fee is charged to spectators.
B. 
All equipment used on a performing animal shall fit properly and be in good working condition.
[Ord. No. 2702, 1-10-2000]
The owner of every animal shall be responsible for the removal of any excreta deposited by his/her animal(s) on public walks, recreational areas, or private property.
[Ord. No. 2702, 1-10-2000]
The civil and criminal provisions of this Chapter shall be enforced by those persons or agencies designated by municipal authority. It shall be a violation of this Chapter to interfere with a Humane Officer or the Animal Control Supervisor in the performance of his/her duties.
[Ord. No. 2702, 1-10-2000]
Any person violating any provision of this Chapter, except Section 240.180, shall be deemed guilty of an ordinance violation and shall be punished by a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00) or imprisoned not more than ninety (90) days. If a violation continues, each day's violation shall be deemed a separate violation. If any person is found guilty by a court of violating Section 240.030, his/her permit to own, keep, harbor, or have custody of animals shall be deemed automatically revoked and no new permit may be issued.
[Ord. No. 2702, 1-10-2000]
A. 
It shall be unlawful for any person, firm, association, corporation, his/her, its, or their agents or employees within the corporate limits of the City of Malden, Missouri, to own, keep or use any stock yard, pen, place or premises in or upon which any number of hogs, swine, horses, mules, ponies, cattle, and or goats shall be kept or maintained.
B. 
Every person, firm, association, corporation or his/her, its, or their agents or employees, who shall use or maintain any stock yard, pen, stable, shed or other structure, or any lot or other premises contrary to the provisions of this Section shall be deemed guilty of an ordinance violation, and shall be fined not less than one dollar ($1.00), nor more than one hundred dollars ($100.00), and every day any such pen, stock yard, stable, shed, or other structure, or any lot or other premises, shall be so used, shall be deemed a separate offense, punishable as in the first instance.
C. 
Provided, however, this Section shall not affect any person, firm or corporation who owns and maintains a hog pen, horses, mules, ponies, cattle and/or goats enclosure on a lot with a minimum area of one (1) acre per animal so confined, provided further, that any such person confining such animals in such enclosure must own both the land under enclosure and the animals so enclosed.
[Ord. No. 2702, 1-10-2000]
Whoever shall keep, harbor or maintain, upon any premises owned or occupied by him/her, any chickens, ducks, geese, turkeys or other domestic fowls, and permit the same to run at large upon the land, lot, garden or enclosure of another, to the damage or annoyance of such other person, shall be deemed guilty of an ordinance violation and, upon conviction, shall be punished by a fine of not less than one dollar ($1.00), nor more than ten dollars ($10.00).