[1]
Editor's Note: Former Ch. 205, Animal Regulations, which derived
from R.O. 2013; CC 1991; and Ord. Nos. 230, 12-10-2002; 40-06, 5-9-2006;
48-06, 11-7-2006; 49-06, 12-12-2006; and 52-07, 4-10-2007., was superseded
by Ord. No. 257.21, 8-11-2021.
[Ord. No. 257.21, 8-11-2021]
The following words, when used in this Chapter, shall have the
meanings set out herein:
All animals of the canine or feline species, both male and
female.
Any other breeds of animal and fowl.
Any place or tract of land whether indoors or outdoors, whether
enclosed or not, in, at, or upon which, and whether for pleasure or
for profit, dogs are kept, housed, bred, raised, fed, displayed, exhibited
or sold. The owner of four (4) or more dogs whether owned for pleasure
or for profit, breeding or exhibiting, shall be deemed to be the operator
of a dog kennel.
Any person having a right of property in a dog, cat or other
animals, or who keeps or harbors a dog, cat, or other animals or who
has it in his/her care, or acts as its custodian, or who knowingly
permits a dog, cat or other animal to remain on or about any premises
owned or occupied by him/her.
Allowing a dog or cat to be off the private premises of the
owner or keeper, or his/her agent or servant, and not on a leash or
confined to the arms, motor vehicle, trailer or other conveyance of
the owner or keeper, his/her agent or servant.
Physical injury that creates a substantial risk of death
or that causes serious disfigurement or protracted loss or impairment
of the function of any part of the body.
A person upon the premises of the owner or keeper of the
dog in question without license or privilege to be upon said premises.
Any dog running at large or a dog on the premises of its
owner or keeper but not confined to said premises by a leash, fence,
structure or other means that would prevent the dog from leaving such
premises.
Any of the following dogs:
Any dog, whether or not running at large, and whether or not
unrestrained, that without provocation has bitten any person not a
trespasser causing serious physical injury to that person.
Any unrestrained dog, whether or not running at large, that
without provocation has attempted to bite any person not a trespasser
which would cause serious physical injury to that person.
Any unrestrained dog, whether or not running at large, that
without provocation has placed any person not a trespasser in apprehension
of immediate serious physical injury.
Any dog that has killed another dog, cat or other domestic animal
without provocation.
[Ord. No. 257.21, 8-11-2021]
The owner or keeper of any dog or cat in the City of Tarkio
is hereby required to have such animals vaccinated against rabies
by a licensed veterinarian and to procure a certificate of such vaccination
from the veterinarian and to present such certificate to the City
Clerk before June 30 of each year; and the City Clerk shall register
such certificate, which registration shall remain in force until the
May 31 next following said registration; and upon registration, the
City Clerk shall issue a tag evidencing the registration and certificate
of vaccination, and the owner or keeper shall securely attach the
tag so issued to a collar to be worn continuously by the animal for
which the tag was issued. It shall be unlawful for the owner or keeper
of any dog or cat to permit such animal to remain in the City of Tarkio
unless wearing the tag above provided for herein.
[Ord. No. 257.21, 8-11-2021]
A.
There is hereby levied for each neutered domestic cat or dog over
the age of six (6) months kept, harbored or owned within the City,
a license fee of two dollars and fifty cents ($2.50) for any period
of time not to exceed one (1) year. "Neutered" shall include both
male and female animals irreversibly rendered incapable of reproduction
by surgical or chemical procedure when a licensed veterinarian verifies
such in writing.
B.
There is hereby levied for each intact domestic cat or dog over the
age of six (6) months kept, harbored or owned within the City a license
fee of ten dollars ($10.00). "Intact" shall include all dogs or cats
not so certified.
[Ord. No. 257.21, 8-11-2021]
No person, or the occupants of a dwelling unit, shall possess
or keep more than four (4) dogs over the age of six (6) months or
four (4) cats over the age of six (6) months within the City without
a permit to operate a kennel.
[Ord. No. 257.21, 8-11-2021]
It shall be unlawful for the owner or keeper of any dog or cat to permit the same to run at large within the City of Tarkio at any time. Any dog or cat found running at large with or without a City tag provided in Section 230.020 shall be subject to impoundment.
[Ord. No. 257.21, 8-11-2021]
It shall be unlawful to own, keep or harbor a vicious dog in
the City of Tarkio except in accordance with the following provisions:
A.
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 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.
B.
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 the 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 the 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.
C.
Confinement Indoor. 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 obstacles preventing the
dog from exiting the structure.
D.
Signs. All owners, keepers or harbors 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.
[Ord. No. 257.21, 8-11-2021]
It shall be the duty of the Chief of Police, the City Police, Animal Control Officer and any other person of the City of Tarkio, especially designated by the City Council and the Mayor for such purpose, to take up any dog or cat without the tag provided in Section 230.020, any dog or cat running at large, or any vicious dog in violation of Section 230.050 above and to impound the same. In effecting the capture of any dog or cat, the officers aforesaid are authorized and directed to use traps, nets, tranquilizer guns or any other humane method.
[Ord. No. 257.21, 8-11-2021]
Every officer impounding a dog or cat under this Chapter shall,
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 or cat, 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 or cat before
disposition of such dog or cat.
[Ord. No. 257.21, 8-11-2021]
It shall be the duty of any officer impounding any dog or cat
under this Chapter to keep the same impounded for a period of five
(5) days, unless such dog or cat shall be reclaimed by his/her owner
or keeper under Section 230.100 of this Chapter. If, after the expiration
of five (5) days from the date of such impoundment, such dog or cat
shall not have been reclaimed, the same shall be disposed of or destroyed
in a humane manner.
[Ord. No. 257.21, 8-11-2021]
Any owner redeeming an animal from impoundment shall pay, before
release, an impoundment fee of twenty-five dollars ($25.00) for the
first offense; plus a boarding charge of ten dollars ($10.00) for
each twenty-four (24) hours or fraction thereof that such animal has
been impounded; provided, however, that if an animal has been impounded
previously, the impoundment charges will be, for second offense, fifty
dollars ($50.00); third offense, seventy-five dollars ($75.00); and
fourth offense will result in a mandatory court date and appearance
in front of the judge. An additional forty-five-dollar call-out fee
will be added to the impoundment fee if the animal is picked up after
normal business hours.
[Ord. No. 257.21, 8-11-2021]
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.
[1]
State law reference: As to animal neglect, § 578.009,
RSMo.
[Ord. No. 257.21, 8-11-2021]
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 the provisions of Sections 578.005 to
578.023 and 273.030, RSMo.;
B.
Purposely or intentionally causes injury or suffering to an animal;
or
C.
Having ownership or custody of an animal knowingly fails to provide
adequate care or adequate control (RSMo. § 578.012).
NOTE: Under certain circumstances this offense can be a felony
under state law.
[Ord. No. 257.21, 8-11-2021]
No person in the City shall maintain any place where fowl or
animals are suffered to fight upon exhibition or for sport or upon
any wager.
[Ord. No. 257.21, 8-11-2021]
A.
No person shall own, keep or harbor upon his premises any dog, cat
or other animal that by loud or frequent or habitual barking, yelping
or howling, or by threat of attacking or biting, causes fear or annoyance
to the neighborhood or to persons passing upon the streets or sidewalks,
and the same is hereby declared to be a public nuisance.
B.
PUBLIC NUISANCE
PUBLIC NUISANCE ANIMAL
1.
2.
3.
4.
5.
6.
Definitions. When used in the is Section, the following words and
phrases shall mean:
Any animal or animals that unreasonably annoy humans, endanger
the life or health of another animal or persons, or substantially
interfere with the rights of citizens, other than their owners, to
enjoyment of life or property.
Includes, but is not limited to, any animal that:
Damages the property of anyone other than its owners.
Molest or intimidates pedestrians or passersby.
Excessively makes a disturbing noise, including, but not to
be limited to, continue repeated howling, barking, whining, or other
utterances causing unreasonable annoyance, disturbance or discomfort
to neighbors or others in close proximity where the animal is kept
or harbored.
Is offensive or dangerous to the public health, safety or welfare
of the general public health, welfare or safety.
Length of chain is not allowing the animal to reach sidewalks,
porches, streets, etc.
Has been found by the Animal Control, 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.
[Ord. No. 257.21, 8-11-2021]
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.
[1]
State law reference: As to animal abuse, § 578.029,
RSMo.
[Ord. No. 257.21, 8-11-2021]
It shall be unlawful to keep or maintain within the City limits
of Tarkio hogs, horses, cattle, goats or other domestic animals within
four hundred (400) feet of any residence or other dwelling place,
or keep or maintain rabbits, chickens, ducks, turkeys, or other domestic
fowl within one hundred (100) feet of any residence or other dwelling
place other than that of the owner and be deemed guilty of a misdemeanor.
[Ord. No. 257.21, 8-11-2021]
The owners of animals within the City shall be responsible for
any damages caused by such animal to any person or property.
[Ord. No. 257.21, 8-11-2021]
No person shall maintain a kennel within the City of Tarkio
unless such person has obtained a permit from the City Clerk. The
permit shall be twelve dollars ($12.00) per year. No person shall
maintain a kennel in any portion of the City unless zoned "R-1" or
"I-1."
[Ord. No. 257.21, 8-11-2021]
Any person violating any provision of Section 230.020 through 230.180 shall be guilty of an infraction and upon the conviction thereof shall be fined not more than five hundred dollars ($500.00) or confined in the County Jail for not more than ninety (90) days, or both such fine and confinement.
