[R.O. 2003 § 220.020; Ord. No.
7.001 § 7.1100, 6-18-1985]
A.
It shall be unlawful for any person to permit a dog to run at large
in the City of Marceline unless such dog is on a leash or in the control
of some responsible person. Any dog running at large and not so controlled
shall be taken up and impounded by officers or employees of the City
of Marceline.
B.
If a dog shall be impounded wearing a dog license by which the owner
of said dog may be determined, such owner shall be notified by the
City of such impoundment and if such dog shall not be retrieved by
the owners or some person on behalf of the owners within seventy-two
(72) hours after such notice, such dog shall be destroyed. No such
dog shall be released from impoundment until the City shall be paid
an impounding fee and reasonable charges for feeding and housing which
fee shall be not less than eight dollars ($8.00).
C.
Unlicensed dog or dogs running at large wearing no license designation
shall be destroyed without notice after seventy-two (72) hours of
impoundment. Unlicensed dogs may be claimed before they are destroyed
upon payment of an impoundment fee, reasonable charges for feeding
and housing, and the procurement of proper vaccinations and dog license.
The minimum impoundment fee shall be eight dollars ($8.00).
D.
Any employee of the City of Marceline designated by the City Manager
is authorized to enforce this Section and impound any dog under the
provisions hereof.
[R.O. 2003 § 220.030; Ord. No.
7.001 § 7.1110, 6-18-1985; Ord. No. 20-07.04, 7-21-2020]
A.
No person owning, controlling or in possession of any cow, mule, horse, sheep, swine, goat, rabbit or other livestock, geese, ducks, chickens, turkeys or other domestic fowl shall do so without a permitted fence, enclosure, pen, coop, or structure to contain said animals approved by design for the containment of animals based on type and size. The permitted fence, coral, enclosure, pen, coop, or structure or similar devices to confine or restrict said animals must be of a solid build to ensure adequate containment. Whenever it is determined by the City that the aforementioned devices are lacking, inadequate, or not in good repair, the City shall notify the landowner, in writing, that the landowner is not in compliance with this Section and shall order the landowner to provide, replace, reinforce or repair such devices within ten (10) days. Failure to comply with such within ten (10) days shall be a punishable pursuant to Subsection (H) of this Section. As used in this Subsection, the term "City" shall mean any employee of the City of Marceline designated by the
City Manager who is authorized to enforce this Section.
1.
No person shall erect, operate or maintain any barn, stable, henhouse,
hutch or pen of any kind whatsoever and permit the same to become
offensive, noisome, disagreeable or obnoxious to the community in
which the same may be located.
2.
No person shall keep or harbor any animals or fowl in such number
or in such close proximity to the dwelling place of another that the
same shall become offensive, noisome or disagreeable to the community
in which the same may be located.
3.
No person shall allow or permit the accumulation of the filth, waste,
excrement or manure from such fowl or animal. Such person shall regularly
gather any filth, waste, excrement or manure from such animals and
dispose of same in a lawful and sanitary manner.
4.
No person shall keep cow, mule, horse, sheep, goat, rabbit or other
livestock (excluding swine), geese, ducks, chickens, turkeys or other
domestic fowl in an enclosure which is less than twenty-five (25)
feet from any residential dwelling of another person.
5.
No pen or enclosure in which is kept swine of any kind or character
shall be built or maintained within one hundred (100) feet of any
residential dwelling of another person.
B.
No person owning, controlling or in possession of any cow, mule,
horse, sheep, hog, goat, or other domestic animal, geese, ducks, chickens,
turkeys or other domestic fowl shall allow or permit such animal to
run at large within the City of Marceline at any time. Any such animal
found running at large may be impounded.
C.
No person shall torture, torment, deprive of necessary food and water,
cruelly beat or overdrive any domestic animal or unnecessarily fail
or refuse to provide such animal with proper shelter or protection
from the weather or cruelly drive or work such animal when the same
is lame, galled or otherwise unfit for labor or cruelly abandon such
an animal to die.
D.
No person shall confine any living creature and willfully fail, neglect
or refuse to supply the same, during such confinement, with a sufficient
quantity of food and water or cruelly torture, torment or kill any
creature.
E.
No person shall willfully administer any poison to any animal or
fowl within the City or put or expose any poisonous substance in solid
or liquid form where the same may be taken, eaten or swallowed by
any animal or fowl.
F.
No person shall bathe, wade or cause dogs or other animals to swim
or throw, cast or deposit any stones, sticks, papers, carcasses of
dead animals or any foreign substances of whatever kind or character
in any fountain basin, lake or pond in any public park within the
City or in reservoir, well or body of water belonging to or used or
controlled by the City, or upon any grounds belonging to or used and
controlled by the City.
G.
No person shall kill or in any manner hurt or harm any wild bird
or destroy the nest or eggs of the same.
H.
No
person owning, having a propriety interest in, harboring, or having
care, control, charge, custody, or possession, of a dog, shall permit
such dog to be in or upon any City park (Disney Park and Ripley Park)
unless such dog is upon a secure leash not more than six feet long
held continuously in the hands of a responsible person capable of
controlling the dog, or unless the dog is securely confined in a kennel
or other confinement. This requirement will not apply to certified
service dogs used by people with disabilities where the individual's
disability prevents using these devices or these devices interfere
with the service animal's safe, effective performance of tasks.
[Ord. No. 23-09.10, 9-13-2023[1]]
I.
Any person violating or permitting the violation of any provision of this Section shall, upon conviction in Court, be subject to the full range of fines and imprisonment established in Section 100.230, General Penalty, of this Code. Each day that a violation of this Section continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this Section shall pay all expenses, including shelter, food, handling and veterinary care necessitated by the enforcement of this Section.
[R.O. 2003 § 220.040]
It shall be unlawful for the owner or keeper of any dog to permit the same to run at large within the City of Marceline at any time. Any dog found without the tag provided in Section 220.190, and any dog found running at large may be impounded.
[R.O. 2003 § 220.050; Ord. No.
06-11.1 § 1, 11-21-2006; Ord. No. 18-04.15, 4-17-2018]
A.
It shall be unlawful to own, keep, possess or harbor a vicious dog
in the City of Marceline except in accordance with the following provisions:
1.
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 chain,
rope or 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.
2.
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 all 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 all 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.
3.
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.
4.
Signs. All owners, keepers, harborers, possessors or custodians
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.
B.
Any person violating or permitting the violation of any provision of this Section shall, upon conviction in Court, be subject to the full range of fines and imprisonment established in Section 100.230, General Penalty, of this Code. Each day that a violation of this Section continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this Section shall pay all expenses, including shelter, food, handling and veterinary care necessitated by the enforcement of this Section.
[Ord. No. 22-06.08, 6-21-2022]
No more than four (4) dogs and four (4) cats, over the age of
four (4) months, may be kept on any one (1) parcel of property within
a residential-zoned district unless the property owner obtains a kennel
permit from the City and complies with all requirements for such a
permit. The maximum limits are not increased by the presence of multiple
owners keeping dogs or cats on the property. The keeping, harboring,
or housing of more than the maximum allowed shall constitute a nuisance
and be subject to procedures for abatement of nuisances.
[R.O. 2003 § 220.060]
It shall be the duty of the Chief of Police, the City Police, and any other person of the City of Marceline, especially designated by the City Council and the Mayor for such purpose, to take up any dog without the tag provided in Section 220.190, any dog running at large, or any vicious dog in violation of Section 220.050 above and to impound the same. In effecting the capture of any dog, the officers aforesaid are authorized and directed to use traps, nets, tranquilizer guns or any other humane method.
[R.O. 2003 § 220.070]
Any officer performing duties under this Chapter shall be compensated
from the City Treasury as provided from time to time by the City Council.
Such officer shall account to the City for all sums collected from
owners or keepers under this Chapter and pay same into the City Treasury.
Costs of feeding and keeping dogs impounded shall be paid from the
City Treasury.
[R.O. 2003 § 220.080]
Every officer impounding a dog 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, 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 before
disposition of such dog.
[R.O. 2003 § 220.090]
The owner or keeper of any dog 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 and keeping it impounded.
[R.O. 2003 § 220.100]
It shall be the duty of any officer impounding any dog under this Chapter to keep the same impounded for a period of seven (7) days, unless such dog shall be reclaimed by his/her owner or keeper under Section 220.090 of this Chapter. If, after the expiration of seven (7) days from the date of such impoundment, such dog shall not have been reclaimed, the same shall be disposed of or destroyed in a humane manner.
[R.O. 2003 § 220.110]
A.
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.
B.
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.
C.
Animal Neglect Or Animal Abandonment Are Ordinance Violations. For
a first 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 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 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.
D.
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:
1.
The care and maintenance of neglected or abandoned 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 or abandonment; and
4.
The avoidance or minimization of any public health risks created
by the neglect or abandonment of the animals.
[R.O. 2003 § 220.120]
A.
A person is guilty of animal abuse when a person:
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 or adequate control.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[R.O. 2003 § 220.130]
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.
