LA3506-205

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Chapter 205

ANIMAL REGULATIONS

ARTICLE I

Control of Animals

Section 205.010. Definitions. [Ord. No. 338 §I, 6-9-2001]

As used in this Article the following words shall have the meanings ascribed to them in this Article, unless the context otherwise dictates:

ADEQUATE CARE — The 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.

ADEQUATE CONTROL — To reasonably restrain or govern an animal so that the animal does not injure itself, any other person, any other animal or property.

AT LARGE — Off the premises of the owner and not under the physical control of the owner or member of his immediate family over the age of twelve (12) years, either by leash or otherwise.

CAT — Any member of the animal species felis catis over three (3) months of age.

DANGEROUS OR VICIOUS ANIMAL — An animal shall be considered dangerous or vicious for the purposes of this Article if any of the following exist:

1. The animal is kept for the principal purpose of personal or property protection;

2. The animal has received any attack, guard or kill training;

3. The owner has knowledge of any unprovoked attacks, bites or injuries the animal has previously inflicted upon a person;

4. The animal is of a cross, dangerous, vicious or ferocious disposition or which habitually snaps at or bites or manifests a disposition to bite or attack persons or other domestic animals or pets;

5. The owner has knowledge of such facts regarding the animal’s breeding, propensities, or past conduct as would cause a reasonable person, exercising ordinary care, to believe that the animal is dangerous or vicious.

DOG — All animals of the canine species, both male and female, over six (6) months of age.

OWNER or KEEPER — Any person owning, keeping, bringing in or harboring an animal covered by this Article within the corporate limits of the City of Laddonia.

PERSON — Any individual, partnership, firm, joint-stock company, corporation, association, trust, estate or other legal entity.

Section 205.020. 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.

Section 205.030. Leashing Requirement. [Ord. No. 338 §II, 6-9-2001]

It shall be unlawful for any owner, as herein defined, to permit a dog to run at large within the corporate limits of the City of Laddonia.

Section 205.040. Animal Control Officer. [Ord. No. 338 §V, 6-9-2001]

An Animal Control Officer shall be employed by the Board of Aldermen. The compensation of the Animal Control Officer shall be set and changed as deemed necessary by the Board of Aldermen from time to time. It shall be the duty of the Animal Control Officer, or any Police Officer of the City, to enforce all provisions of this Article.

Section 205.050. Impounding of Dogs — Redemption Method and Fees. [Ord. No. 338 §VI, 6-9-2001]

A. The Animal Control Officer or the City Police of the City of Laddonia shall pick up and impound, or cause to be picked up and impounded, any registered or non-registered dog found running at large in the City, and any dog running at large. Any animal so taken up by the proper officer shall be impounded in some suitable place, designated by the Board of Aldermen, until it can be taken to a suitable animal shelter, approved by the Board of Aldermen. The location of the animal shelter shall be given by notices posted at the Laddonia City Hall and other prominent places. Impounded animals shall be kept for a period of at least seven (7) days and at the expiration of this period, the animal shelter where such animals are kept shall put such animals to death by humane methods. If ownership of an impounded non-registered animal can be established through reasonable means, the owner shall be notified by the City Officials as soon as possible that the animal has been picked up.

B. The owner of such impounded dog may redeem said animal upon payment of a fine of twenty-five dollars ($25.00) to the impound facility who forwards said payment to the City for each violation of this Article, and by further paying the redemption fee set by the animal control shelter for the maintenance of said animal for each twenty-four (24) hours or fraction thereof that said animal has been impounded.

Section 205.060. Dog, Cat or Other Animal Bites. [Ord. No. 338 §VIII, 6-9-2001]

A. Any dog, cat or other animal which shall bite any person or injure any person shall be kept under observation in an approved animal shelter for a period of two (2) weeks. A veterinarian shall, at the end of the two-week period, make a written report to the City of Laddonia and should said dog or other animal show evidence of rabies, then it shall be killed in a humane manner. In the event the dog or other animal is pronounced free of rabies by the veterinarian, then said dog, cat or other animal shall be released to the owner or keeper upon the payment of the veterinarian’s fees, the impoundment fees and any other necessary costs of the impoundment. The owner or keeper of the dog or cat or any other animal may claim the same at the end of the two-week period by making payment to the impound facility of the costs involved while the dog, cat or other animal is under observation, plus a twenty-five dollar ($25.00) fee to be forwarded to the City.

B. In the event the owner or keeper does not claim the animal at the end of the two-week period, then in that event any person may redeem the animal by making the required payment. If the owner or another person does not claim the animal and the owner refuses to pay the fees and board fees required by this Article, then the City may institute legal action to collect the same. If the dog, cat or other animal is not claimed as set forth herein, then said animal may be disposed of in a humane manner.

Section 205.070. Dangerous or Vicious Animals — Confinement Required. [Ord. No. 338 §IX, 6-9-2001]

A. Outdoor Confinement. All dangerous or vicious animals shall be securely confined outdoors in a securely enclosed and locked kennel or cage. The kennel or cage shall be of a size appropriate to the size of the animal kept therein and shall provide adequate ventilation, shade from the sun and protection from the elements. In the event of the dispute over the appropriate size of the impoundment, the guidelines of the United States Department of Agriculture shall apply. The kennel or cage must have secure sides and a secure top attached to the sides. Such kennel or cage must have a secured bottom or floor attached to the sides or the sides must be imbedded in the ground. The kennel or cage must be locked with a key or combination lock when animals are within the structure. Any such kennel or cage must be located at least ten (10) feet from any property line and must comply with all zoning and building regulations of the City.

B. Indoor Confinement. When confined indoors, no such vicious animal may be kept on a porch, patio or in any other parts of the house, building or structure that would allow the animal to exit such building on its own volition. No such animal may be kept in a house, building or structure when the windows are open. No vicious animal may be kept in a house, building or structure when the screen windows or screen doors are the only obstacle preventing the animal from exiting the structure.

Section 205.080. Dangerous or Vicious Animals — Leash Required. [Ord. No. 338 §X, 6-9-2001]

No person shall permit a dangerous or vicious animal as described in this Article to go outside its kennel, cage or secured structure unless that person has the animal securely leashed on a leash no longer than four (4) feet in length and that person has physical control of the leash. Such animal shall not be leashed to an inanimate object such as a tree, post or building. A leashed animal must be under the control of an adult or child at least twelve (12) years of age who is physically capable of maintaining control of the animal at all times. Additionally, all such animals on a leash outside the animal’s kennel, cage or secure structure must be muzzled by a muzzling device sufficient to prevent the animal from biting persons or other animals.

Section 205.090. Dangerous Animals — Sign Required. [Ord. No. 338 §XI, 6-9-2001]

A sign or signs shall be placed or conspicuously posted upon the kennel, cage or other place of confinement of any vicious animal with letters at least two (2) inches high containing the words “Beware Dangerous Dog” or “Beware Dangerous Animal.”

Section 205.100. (Reserved)

Section 205.110. Interfering With City Police or Animal Control Officer. [Ord. No. 338 §XIV, 6-9-2001]

No person or persons shall interfere with, resist, hinder or obstruct any member of the Police Force or any Animal Control Officer of the City in the discharge of any duty imposed upon him by this Article. Any such person found in violation hereof, shall be deemed guilty of an ordinance violation and may be subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each such event.

Section 205.120. Barking Dogs. [Ord. No. 426 §2, 2-5-2014]

A. Barking Dogs. It shall be unlawful for any person in the City of Laddonia, Missouri, to keep or harbor a dog which howls or barks in violation of this Section.

1. It shall constitute a violation of this Section if the howling or barking occurs continually and is audible beyond the property line of the premises on which the dog is located:

a. For more than fifteen (15) minutes between the hours of 10:00 P.M. and 8:00 A.M.; or

b. For more than thirty (30) minutes between the hours of 8:00 A.M. and 10:00 P.M.; or

c. For a shorter duration than cited above, but on more than five (5) occasions within a given ten-day period. It shall be a defense to such violation if the owner of the dog proves by a preponderance of the evidence that the only reason the dog was howling or barking was that the dog was being provoked by a person or was otherwise being incited, or was acting as a guide dog, hearing dog, service dog or police work dog. No person shall be held liable under this Subsection unless testimony is received from complainants from two (2) or more separate properties.

2. Whenever a violation of this Section occurs, it shall be a rebuttable presumption that the owner of the property on which the dog is located is liable under this Section.

Section 205.130. Animal Neglect or Abandonment.

A. A person is guilty of animal neglect if he/she has custody or ownership or both of an animal and fails to provide adequate care.

B. A person is guilty of animal abandonment if 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. This Section shall not apply to the provisions of Section 578.007 or Sections 272.010 to 272.370, RSMo.

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.

Section 205.140. Animal Trespass.

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.

Section 205.150. Animal Abuse. 1

A. A person is guilty of animal abuse if 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 which results in substantial harm to the animal.

Section 205.160. through Section 205.180. (Reserved)

ARTICLE II

Kennel and Livestock Regulations

Section 205.190. Kennel or Livestock Permits. [Ord. No. 338 §§XVIII to XXII, 6-9-2001]

A. Definition. As used in this Section, the following term shall have the meaning indicated:

RESIDENTIAL KENNEL — A place where more than four (4) of any type of animal over six (6) months of age are kept on the premises in a residential area.

B. Farm Animals. Any person desiring to feed and/or harbor any animals or animals ordinarily considered farm animals or livestock and not house pets shall comply with all requirements of this Article.

C. Permit Required. No persons shall operate a residential kennel or raise livestock within the City limits of the City of Laddonia without first obtaining a permit as provided in this Section. Application for such permit shall be made to the Board of Aldermen who may grant or deny the permit. Permits shall be issued on annual basis and forms therefor shall be provided by the City Clerk.

D. Approval of Contiguous Property Owners. The application for a residential kennel and/or a livestock permit shall be accompanied by a petition showing the approval of the owners of all of the real estate abutting the premises on which the kennel is to be located or livestock housed. Whether or not all of the owners of abutting property approve the application, the Board of Aldermen may grant or deny the permit in its discretion. Permits shall not be granted unless the Board of Aldermen finds that the use of the applicant’s premises as a residential kennel, or for the raising of livestock, will not have or will not be likely to have an adverse effect upon adjacent properties of the occupancy thereof and will not constitute a nuisance to the City or the neighborhood. The Board of Aldermen may impose additional conditions upon granting of any residential kennel or livestock permit.

E. Permit Revocation. Any permit may be revoked by the Board of Aldermen by reason of any violation of this Article or any other order, law or regulation relating to the keeping and raising of animals.

Section 205.200. Sanitation. [Ord. No. 338 §XXIII, 6-9-2001]

All structures, pens, coops or yards wherein animals, mammals, fowls, reptiles or other animals are kept or permitted to be kept shall be maintained in a clean and sanitary condition at all times devoid of all rodents and vermin and free from offensive, disagreeable or obnoxious smells or odors, to the injury, annoyance or inconvenience of any inhabitant of the neighborhood. The enclosed area of all such structures shall be constructed in such a way to be dry at all times on the inside. The Animal Control Officer of the City may at any time inspect, or cause to be inspected, any structure or premises and issue any order that may be necessary to carry out the provisions of this Article.

Section 205.210. Farmland. [Ord. No. 338 §XXIV, 6-9-2001]

Land located within the corporate limits of the City of Laddonia, which consists of more than three (3) acres in one tract and classed as farmland for tax purposes, shall be excluded from the provisions of this Article until such time as the land is used for residential purposes. However, this Section shall not relieve owners of large tracts of land from any responsibilities pertaining to health or sanitation and shall not exempt the owners of said land from the provisions of any state laws relating to the same subjects.

Section 205.220. (Reserved)

ARTICLE III

Additional Animal Requirements

Section 205.230. Knowingly Releasing An Animal.

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. The provisions of this Section shall not apply to a public servant acting in the course of such servant’s official duties.

Section 205.240. Quarantine Order To Be Issued By Mayor — To Be Published and Posted.

Whenever rabies becomes prevalent in the City, the Mayor shall, according to the necessity of the case, issue a quarantine order, requiring every owner or person in charge of any dog or dogs within the limits of the City, to either kill or impound his/her dog or dogs, or to have such dog or dogs immunized. Said order shall be published once in the paper officially publishing the business of the City; and in the absence of such paper, shall be posted as in case of sales of personal property. The Mayor is authorized by proclamation, to terminate any such quarantine whenever, in his/her judgment, the necessity for it no longer exists.

Section 205.250. Dangerous Wild Animals Prohibited.

No person may keep any lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena, wolf, bear, non-human primate, coyote, any deadly, dangerous, or poisonous reptile, or any deadly or dangerous reptile over eight (8) feet long, in any place other than a properly maintained zoological park, circus, scientific or educational institution, research laboratory, veterinary hospital, or animal refuge.

1. Note: Under certain circumstances this offense can be a felony under state law.