1682 – Bill No 684 Animals

AN ORDINANCE REGULATING THE KEEPING OF ANIMALS WITHIN THE CITY LIMITS OF RICH HILL, MISSOURI, ESTABLISHING LICENSE FEES, IMPOUNDMENT FEES AND PENALTIES.

NOW THEREFORE, BE IT ORDAINED by the Board of Aldermen of the City of Rich Hill, Missouri as follows:

Section 1.        That the Board of Aldermen of the City of Rich Hill, Missouri, hereby adopts the following provisions regulating the keeping of animals within the city limits of Rich Hill, Missouri:

ARTICLE I – Animals in General

Section 1 – Definitions

Section 2 – Exemptions

Section 3 – Responsibility for damages

Section 4 – Parental responsibility; responsibility of other household members

Section 5 – Enforcement

Section 6 – Power to impound or kill

Section 7 – Right of entry

Section 8 – Penalty

Section 9 – Reserved

ARTICLE II – License and Vaccination Requirements

Section 10 – License requirements and fees

Section 11 – Disposition of license fees

Section 12 – Vaccination requirements

Sections 13 and 14 – Reserved

ARTICLE III – Impoundment

Section 15 – Holding period for impounded animals

Section 16 – Exemption from holding period

Section 17 – Notice to owner; public notice

Section 18 – Impoundment fee

Section 19 – Unclaimed animals

Section 20 – Reserved

ARTICLE IV – Rabies Control

Section 21 – Inoculation required

Section 22 – Order of quarantine

Section 23 – Dogs and cats to be confined

Sections 24 – Quarantine of animals

Section 25 – Reserved

ARTICLE V – Owning and keeping animals

Section 26 – Number of animals

Section 27 – Wild animals

Section 28 – Exotic animals

Section 29 – Vicious dogs or animals

Section 30 – Other domestic animals

ARTICLE VI – Responsibilities and Requirements; Prohibitions

Section 35 – Presumption

Section 36 – Containment on owner’s property; use of leash

Section 37 – Animals prohibited at public functions; exceptions

Section 38 – Confinement of female animals in heat

Section 39 – Animal waste

Section 40 – Abandonment of animals

Section 41 – Animal Neglect

Section 42 – Animal Abuse

Section 43 – Public Nuisance

Section 44 – Police dogs

Section 45 – Impede enforcement

Sections 46 through 48 – Reserved

ARTICLE I – ANIMALS IN GENERAL

SECTION 1 – Definitions

The following words, terms, phrases and their derivations have the following definitions unless the context specifically indicates otherwise:

Adequate care:  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 person, any other animal or property

Animal:  Every live, vertebrate creature, both domestic and wild, other than humans

Animal shelterA facility that is used to house or contain animals and is owned, operated or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals or other not-for-profit organization devoted to the welfare, protection and humane treatment of animals

At large: Off the premises of the owner and not under the adequate control of the owner or a member of the owner’s immediate family, either by leash or voice command

Bite:  The use of an animal’s mouth and/or teeth against a human being or a domestic animal

Cat:  All domestic animals of the feline species, both male and female

Chief of Police:  The Chief of Police of the City of Rich Hill, Missouri, and his authorized representatives

Dangerous animal:  Any animal that attacks, bites or physically injures human beings, domestic animals or livestock without adequate provocation; or because of temperament or training has a known propensity to attack, bite, confront, chase, menace or physically injure human beings, domestic animals or livestock without provocation.  Any animal, wild or domesticated, that without provocation has bitten or attacked a human being or other animal shall be presumed to be vicious or dangerous.

Domestic animal: Any animal that is domesticated as opposed to wild, free-roaming, except dogs, cats and chickens

Dog: All domestic animals of the canine species, both male and female

Exotic animalAny non-domesticated animal, not occurring naturally in the City, either presently or historically, excluding dogs, cats and domestic animals as defined herein. Exotic animals include, but shall be limited to, the following: animals of the ape species, leopards, lions, tigers, bobcats, panthers, venomous or poisonous animals, alligators and crocodiles

Farm animalAn animal raised on a farm or ranch and used or intended for use in farm or ranch production or as food or fiber

HarboringOffering asylum, refuge or sanctuary to any animal on a basis so temporary as to not be deemed to be owning, keeping or maintain such animal

Humane killingThe destruction of an animal in a manner that minimizes the suffering endured by the animal to the greatest extent possible under the circumstances.  Animals killed during the feeding of pet carnivores shall be considered humanely killed

Livestock: Any domestic or exotic animal kept to be raised for pleasure or a farm animal used for   profit or food.  Livestock shall include, but not be limited to, horses, mules, donkeys, jackasses, sheep, pigs, goats, bulls, heifers, cows, fowl and rabbits

Owner:  Any person owning, keeping, maintaining or otherwise having the care of control of an animal

Owning, keeping or maintaining: Feeding or sheltering any animal for three (3) or more consecutive days or professing ownership of such animal

Person:  Any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity

Pests:  Birds, rabbits or rodents that damage property or have an adverse effect on the public health, but shall not include any endangered species listed by the United States Department of the Interior or any endangered species listed in the Wildlife Code of Missouri

Public Nuisance:  Any animal or group of animals which:

a. Repeatedly runs at large; or

b. Trespasses on and damages the property of anyone other than its owners or those who control or harbor it; or

c. Molests or intimidates pedestrians or passersby;

d. Chases vehicles;

e. Excessively makes 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; or

f. Causes fouling of the air by an odor that creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; or

g. Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; or

h. Is offensive or dangerous to the public health, safety or welfare by virtue of the number and/or types of animals maintained; or

i. Attacks other domestic animals without provocation; or

j. Is diseased; or

k. Impedes refuse collection by ripping any bag or tipping any refuge container.

Service dog: Any dog that has been specially trained to do work or perform tasks which benefit a particular person with a disability

Unaltered: Not surgically spayed or neutered by a licensed veterinarian

Vicious dog:

a. Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals; or

b. Any dog which, because of its size, physical nature or vicious propensity, is capable of inflicting serious physical harm or death to humans and which would constitute a danger to human life or property if it were not kept in the manner required by this Ordinance; or

c. Any dog which, without provocation, attacks or bites or has attacked or bitten a human being or domestic animal;

d. Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; or

e. Any dog determined at a municipal court proceeding to be a vicious dog pursuant to this ordinance

Wild Animal:  Any living member of the animal kingdom, including those born or raised in captivity, except the following: domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents, any hybrid animal that is part wild captive-bred species of common cage birds and any animal for which the owner has previously obtained a permit from the State Department of Conservation.

SECTION 2 – Exemptions

The provisions of this Ordinance shall not apply to:

a. Care or treatment performed by a licensed veterinarian practicing pursuant to Chapter 340 of the Missouri Revised Statutes;

b. Bona fide scientific experiments;

c. Hunting, fishing or trapping as allowed pursuant to Chapter 252 of the Missouri Revised Statutes, including all practices and privileges as allowed under the Missouri Wildlife Code;

d. Rodeo practices currently accepted by the Professional Rodeo Cowboys Association;

e. The lawful, humane killing of an animal by its owner, or an agent of the owner, by a veterinarian at the request of the owner;

f. The lawful, humane killing of an animal by an animal control officer, the operator of an animal shelter, a veterinarian or law enforcement or health official;

g. Normal or accepted practices of animal husbandry with respect to farm animals;

h. The killing of an animal by any person at any time if such animal is outside of the owned or rented property of its owner or custodian and the animal is injuring any person or farm animal. This provision shall not include police or guard dogs while on-duty or working;

i. The killing of house or garden pests.

SECTION 3 – Responsibility for damage

The owners of animals in the City shall be responsible for any damage caused by his or her animal(s).

SECTION 4 – Parental responsibility; responsibility of other household members

a. The parent or guardian of a minor child shall be responsible for the adequate care and adequate control of any animal owned by, in control of or harbored by that minor child.

b. Every household member, other than a minor child, shall be held responsible for the adequate care and adequate control of any animal owned by, in control of or harbored by any other household member.

SECTION 5 – Enforcement

a. The Chief of Police shall carry out the enforcement of this Ordinance.

b. Police officers shall also enforce the provisions of this Ordinance.

c. If no officers are available Monday through Friday, during the eight (8) a.m. to five (5) p.m. work shift, then the Wastewater plant operator shall be called out to pick up the animal.

d. If the Wastewater plant operator is not available, then a member of the City Crew shall be called to pick up the animal.

SECTION 6 – Power to impound or kill

a. The Chief of Police may declare that any animal is a public nuisance animal by virtue of being a menace to the public health, welfare and safety.

(1)       Before finding that the animal is a public nuisance, the Chief of Police shall investigate the complaint to ascertain whether the animal in question is a public nuisance and/or a bother to the inhabitants of the neighborhood.

(2)       If the Chief of Police finds a nuisance exists, the custodian of the animal shall be issued a citation to appear before the Municipal Court.

(3)       The Chief of Police is authorized to impound any animal that is found to be a public nuisance, including those animals found to be running at large.

b. A dog may be declared vicious by the Chief of Police and any police officer acting in his capacity as a peace officer for the City.

(1)       The owner of any dog declared vicious shall be notified that their animal has been designated as vicious and will receive a written notice and/or citation to that effect.

(2)       Upon being declared vicious, the animal shall be removed and impounded.

c. The Chief of Police is authorized to kill any vicious dog that cannot be caught safely with reasonable effort, when that dog is otherwise required to be impounded by the provisions of this Ordinance.

d. The Chief of Police may impound an animal under the following circumstances:

(1)       When, in the Chief’s opinion, an animal is found to be a public nuisance animal;

(2)       Any unrestrained (running at large) and unlicensed animals shall be taken and impounded in an animal shelter and confined therein in a humane manner;

(3)       Any dog involved in a fatal attack on a human being or an attack that results in severe injury to a human being, whether provoked or unprovoked, shall be confiscated and taken to a licensed veterinarian’s office for a 10-day observation period;

(4)       Any livestock, swine or fowl found within the City running at large shall be taken and impounded;

(5)       Any animal found to be a danger to the public health, welfare or safety;

(6)       Any animal found to be diseased or disabled;

(7)       Any animal that shows evidence of neglect or abuse.

SECTION 7 – Right of entry

a. The Chief of Police shall have the right to enter onto any property or premises to capture any animal that is on the property or premises in violation of this Ordinance and whose presence on the property or premises constitutes a violation of any of the provisions of this Ordinance.

b. The Chief of Police shall have the right to enter onto any property or premises to examine or capture any animal suspected of having rabies, being exposed to rabies, biting a person or other another animal, or appears to be the subject of immediate danger due to animal abuse or neglect pursuant to Section 41 and Section 42 in this Ordinance.

SECTION 8 – Penalty

a. Upon entering a guilty plea or upon a finding of guilt, the Court may impose a fine not to exceed five hundred dollars ($500), confinement not to exceed ninety (90) days or both a fine and confinement.

b. When violations of this Ordinance that are continuous with respect to time, each day the violation continues may be charged as a separate offense.

c. In addition to a fine and/or confinement, the Court may order additional fees to be paid as costs including, but not limited to, impoundment fees for food and shelter and fees to a veterinarian for observation, euthanasia services, etc.

d. Reimbursement to those who have suffered damages as a result of an animal owner’s or custodian’s actions may also be imposed in addition to any fine or confinement.

SECTION 9 – Reserved

ARTICLE II – License and Vaccination Requirements

Section 10 – License requirements

Section 11 – Disposition of license fees

Section 12 – Vaccination requirements

Sections 13 and 14 – Reserved

ARTICLE II – LICENSE AND VACCINATION REQUIRMENTS

SECTION 10 – License requirements

a. Any person owning, keeping, harboring or having custody of any animal over six (6) months of age shall obtain a license as herein provided. This provision shall not apply to small caged birds or to aquatic and amphibious animals kept solely as pets.

b. Written application for licenses shall be made to the City on a form promulgated by the City Clerk. The application shall state the name, address and telephone number of the applicant and the names of all adult members of the household, proof of current rabies vaccination for any dog or cat from a licensed veterinarian or anti-rabies clinic, the name, breed, color, sex and distinguishing marks of the dog or cat. The full license fee shall be paid at the time an application is submitted to the licensing authority.

c. Licenses for dogs and cats shall be valid for a period of one (1) year. Applications for a license shall be made and the license obtained on or before the first day of June of each year for the succeeding twelve (12) month period. This requirement shall not apply to a non-resident keeping a dog or cat within the City less than sixty (60) days.

d. Tag and collar required:

(1)       Upon payment of the license fee, the licensing authority shall issue to the owner a license certificate and a metallic tag for each dog or cat so licensed.  The shape of the tag or color shall be changed every year and shall have stamped thereon the year for which the license is issued and the number corresponding to the number on the certificate.

(2)       Every owner shall provide each animal with a collar to which the license tag must be affixed and shall ensure that the collar and tag are constantly worn.  In case a tag is lost or destroyed, a duplicate shall be issued by the licensing authority upon presentation of a receipt showing payment of the license fee for the current year and payment of a one-dollar ($1.00) replacement fee.

(3)       Tags shall not be transferable from one animal to another, and no refund shall be made on any license fee because of the death of an animal or the owner’s leaving the City before the expiration of the licensed period.

e. License fees shall not be required for any certified service dog that is trained as an aid to a handicapped person and is regularly used in the service of and by a handicapped person.

f. The licensing authority shall maintain a record of the identifying numbers of all tags issued and shall make this record available to the public at all times.

g. A license shall be issued after payment of the following application fee:

Un-neutered male dog           $ 10.00

Neutered male dog                 $   5.00

Un-neutered male cat             $ 10.00

Neutered male cat                   $   5.00

Un-spayed female dog            $ 10.00

Spayed female dog                 $   5.00

Un-spayed female cat             $ 10.00

Spayed female cat                  $   5.00

h. No person shall use any license for any animal other than the animal for which it was issued.

i. No person shall keep, or permit to be kept, any wild animal as a pet unless they have first obtained a permit or license from the State Department of Conservation. 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.

SECTION 11 – Disposition of collected fees

All license fees collected by the City shall be used to carry out the provisions and intentions of this Ordinance.

SECTION 12 – Vaccination requirements

a. All dogs and cats shall be vaccinated against rabies by a licensed veterinarian, in accordance with the latest “Compendium of Animal Rabies Vaccines and Recommendations for Immunization” published by the National Association of State Public Health Veterinarians.

b. If a chicken embryo or other three (3) year type vaccine approved by the health officer is administered, the animal shall be inoculated at least once every three (3) years. If another vaccine, approved by the health officer, is administered, then such animals shall be vaccinated at the frequency approved by the health officer for the vaccine.

c. Tag worn by animal is evidence of inoculation:

(1)       At the time of the vaccination of any animal pursuant to this Ordinance, the person performing the vaccination shall deliver to the owner of the animal the tag obtained from the health officer as evidence of such inoculation.

(2)       Every owner of a vaccinated animal shall attach the tag evidencing rabies vaccination and registration to the collar or harness of the vaccinated animal and such collar or harness shall be worn by the animal at all times.

(3)       Any animal without a tag shall be deemed to be not vaccinated.

SECTIONS 13 and 14 – Reserved

ARTICLE III – Impoundment

Section 15 – Holding period for impounded animals

Section 16 – Exemption from holding period

Section 17 – Notice to owner; public notice

Section 18 – Impoundment fee

Section 19 – Unclaimed animals

Section 20 – Reserved

ARTICLE III – IMPOUNDMENT

SECTION 15 – Holding period for impounded animals

a. Impounded animals at large shall not be kept less than five (5) working days.

b. Livestock, swine or fowl shall not be kept less than five (5) working days and if not claimed after that five (5) day period, may be removed from the City.

c. If an animal is not claimed within ten (10) working days, the animal may be euthanized in a humane manner.

d. Vicious animals shall not be kept less than ten (10) working days.

SECTION 16 – Exemption from holding period

a. Any animal that was obtained directly from an owner, along with a written request from said owner for the disposal of their animal may be exempted from the five (5) day holding requirement.

b. A dog or cat may be offered for adoption or otherwise disposed of by the City after a minimum of twenty-four (24) hours.

c. An owner requesting the disposition of an animal shall pay a one hundred-dollar ($100) fee for disposing of the dog or cat at the time the animal is taken into custody.

d. Any animal presented for euthanasia by its owner or any animal suffering from disease, emaciation or injury may be destroyed by euthanasia prior to the completion any required holding period pursuant to this Article

SECTION 17 – Notice to owner; public notice

If, by a license tag or other means, the owner of an impounded animal can be identified, the Chief of Police shall, upon impoundment, immediately notify the owner by telephone or certified mail; otherwise, a description of such animal shall be posted at City Hall where it shall be readily available for public view.

SECTION 18 – Impoundment fee

a. An owner reclaiming an impounded dog shall pay the following fees:

(1)       An impoundment fee of fifty-five dollars ($55.00); and

(2)       Three dollars ($3.00) for each day their animal has been impounded; and

(3)       A bond of fifty dollars ($50.00) on those dogs not licensed.  The owner shall have thirty (30) days from the date of the bond to provide proof of current vaccinations and the purchase of a license. Once a license is purchased, the bond shall be refunded and mailed to the owner with five (5) days. Failure to provide proof of current vaccinations and the purchase of a license within the thirty (30) days will result in bond forfeiture.

(4)       Subsequent impounds occurring within twelve (12) months shall result in an impound fee of one hundred dollars ($100.00). The per day fee and bond fee shall remain as listed above.

b. All impoundment fees collected by the City shall be used to carry out the provisions and intentions of this Ordinance.

SECTION 19 – Unclaimed animals

a. Any animal not reclaimed by its owner after ten (10) working days shall become the property of the City and shall be placed for adoption, transferred to a licensed animal shelter or humanely euthanized.

b. If someone other than the verified owner of the dog or cat or any other animal impounded wishes to adopt or purchase an animal at the end of the animal’s holding period, they must first produce a contract from a qualified veterinarian to have the animal spayed or neutered and pay a thirty-five-dollar ($35.00) adoption fee.

c. Vicious animals may be redeemed after ten (10) days of observation by a veterinarian if the animal has caused physical injury to a person or another animal, or absent any physical injury to a person or another animal, after the first five (5) days of impoundment after an adequate showing that the animal shall be removed from the City after the owner has paid all impoundment fees. Subsequent impounds occurring within twelve (12) months shall be charged double.

SECTION 20 – Reserved

ARTICLE IV – Rabies Control

Section 21 – Inoculation required

Section 22 – Order of quarantine

Section 23 –Dogs and cats to be confined

Sections 24 – Quarantine of animals

Section 25 – Reserved

ARTICLE IV – RABIES CONTROL

SECTION 21 – Inoculation required

No person shall own, keep, harbor or maintain any dog or cat within the City which has not been vaccinated with the rabies vaccine by a licensed veterinarian. No license tag required by this Ordinance shall be issued until the owner of the animal furnishes a certificate, signed by a licensed veterinarian, showing that the animal has been inoculated against rabies. This certificate shall be deemed current if it does not expire within ninety (90) days of the beginning of the current license year. Recognition shall be given to a certificate which indicates a three (3) year inoculation period for dogs and cats, if signed by a licensed veterinarian.

SECTION 22 – Order of quarantine

a. For the protection of the public peace, health, welfare and safety against the rabies disease, the Board of Aldermen shall have the power and authority at any time it shall deem it necessary to issue an order to quarantine.

b. Any person who owns, controls, possesses, or has custody of any animal exposed to rabies shall comply strictly with such quarantine order.

c. Notice of a quarantine order shall be posted in at least 6 public places within the City or by publication in a newspaper within the City.

d. The Board of Aldermen shall have the power and authority at any time to cancel and recall an order of quarantine.

SECTION 23 – Dogs and cats to be confined

During the time any quarantine order enacted by the Board of Aldermen shall be and remain in force, all persons residing within the City owning cats and/or dogs shall keep said cats and/or dogs confined upon their premises, unless the cat and/or dog shall be attached to a leash not more than six (6) feet long, held by a competent person.

SECTION 24 – Quarantine of animals

a. Owners or keepers of any animal that:

  • Has bitten a human being other than the owner or keeper; or
  • Acts in a suspicious manner suggesting rabies; or
  • Is inclined towards viciousness either on the premises of its owner, keeper, or elsewhere, irrespective of whether such animal is vaccinated or licensed, shall be quarantined and held for observation at a veterinarian’s office for ten (10) calendar days.

b. The impounded animal shall be kept in such a manner that neither human beings nor animals can be bitten during the period of observation.

c. If, at the end of the ten (10) day observation period, the animal is found to be suffering from rabies or to be of such nature as to endanger the public generally, the humane officer shall cause the animal, after examination by a licensed veterinarian, to be destroyed in a humane manner. If, at the end of the ten (10) day observation period, the animal is not afflicted, it may be released to its owner upon payment of all fees and costs accrued by the detention of such animal.  If the owner fails to retrieve their animal and pay all associated fees and costs within two (2) days after notification that the animal is eligible for release, the animal may become the property of the veterinarian, be placed for adoption, transferred to a licensed animal shelter or humanely euthanized.  If euthanized, the owner shall pay the euthanasia fee.

SECTION 25 – Reserved

ARTICLE V – Owning and keeping animals

Section 26 – Number of animals

Section 27 – Wild animals

Section 28 – Exotic animals

Section 29 – Vicious dogs or animals

Section 30 – Other domestic animals

Section 31 – Keeping of livestock or swine restricted; exceptions

Section 32 – Laying hens

ARTICLE V – OWNING AND KEEPING ANIMALS

SECTION 26 – Number of animals

a. It shall be unlawful to own, keep or harbor as pets more than four (4) dogs or cats, or a combination thereof, over the age of six (6) months inside a human dwelling house or yard.

SECTION 27 – Wild animals

a. No person shall own, possess or have custody on his premises any wild or vicious animal for display, training, or exhibition purposes, whether gratuitously or for a fee, unless the person has previously obtained a permit from the Missouri Department of Conservation.  The Department has the authority to release or order the release of any infant wild animal under temporary permit that is deemed capable of survival.

b. This section shall not be construed to apply to American Association of Zoological Parks and Aquariums (AAZPA) accredited facilities.

SECTION 28 – Exotic animals

It shall be unlawful for any person to possess, keep, maintain or have under his or her control any exotic animal within the City limits, unless expressly authorized by this Ordinance.

SECTION 29 – Vicious dogs or animals

a. It shall be unlawful to keep, harbor, own or in any way possess, or bring within the corporate limits of the City, any vicious dog.

b. The Chief of Police or by court order may have a vicious animal impounded:

(1)       At the end of the impoundment, the owner may claim the animal after paying all associated fees or costs, or have the animal humanely euthanized at their own expense.

(2)       If the animal is released to the owner, it shall, at the owner’s expense, either be microchipped or a tattoo shall be placed in the ear of the animal so that proper identification can be made. The owner shall then remove the animal from the City to be in compliance with this ordinance.

(3)       If the animal is not claimed at the end of ten (10) working days, it may be humanely euthanized at the owner’s expense.

c. If the owner refuses to remove the vicious animal from the City, the Court may find the owner in contempt and order the immediate confiscation and impoundment, destruction or removal of the animal from the City.

SECTION 30 – Other domestic animals

a. It shall be unlawful for any person to possess, keep, maintain or have under his or her control any horse, mule, ass, cattle, sheep, swine, goat, chicken, turkey, rabbit, guinea pig or any other animal or fowl not commonly kept as a pet within the limits of the City unless expressly authorized by this Ordinance,

b. The provisions of this Section shall not apply to the owner or occupant of any tract of real estate that lies partially within and partially outside the City limits and is used for agricultural purposes. Provided, however, that this Section shall apply to all tracts lying within the City if the agricultural uses are abandoned, discontinued or ceased for a continuous period of one (1) year. Properties that have not lost their agricultural uses shall have a fence with the posts no more than eight (8) feet apart and a fence at least six (6) feet tall.  Rails between the posts shall not be more than eighteen (18) inches apart.

SECTION 31 – Keeping of livestock or swine restricted; exceptions

a. The provisions of this Section shall not apply to the owner or occupant of any tract of real estate that lies partially within and partially outside the City limits and is used for agricultural purposes; provided, however, that this Section shall apply to all tracts lying within the City if the agricultural uses are abandoned, discontinued or ceased for a continuous period of one (1) year. Properties that have not lost their agricultural uses shall have a fence with the posts no more than eight (8) feet apart and a fence at least six (6) feet tall.  Rails between the posts shall not be more than eighteen (18) inches apart.

b. No person shall keep, harbor, provide shelter for or feed any livestock, swine or fowl within the City limits for any continuous period of time exceeding twenty-four (24) hours during any calendar quarter.

c. Future Farmers of America (FFA) and 4-H members shall be permitted to have livestock (one animal per enrolled member) within the City limits as long as they meet the following requirements and obtain a written permit from City Hall:

(1)       Each FFA and/or 4-H member shall submit a letter of good standing from the organization of which they are a member; and

(2)       Each FFA and/or 4-H member shall obtain the written agreement of all property owners within a one (1) block area of the property where the animal will be kept. This requirement is not fulfilled if there are any objections; and

(3)       Each FFA and/or 4-H member shall ensure that the animal is properly contained in a fence and has appropriate shelter at all times; and

(4)       Each FFA and/or 4-H member shall ensure that the animal does not remain on the property for more than four (4) months; and

(5)       The animal shall not exceed a weight of two hundred and fifty (250) pounds.  In the event the animal does exceed a weight of two hundred and fifty (250) pounds, the FFA and/or 4-H member shall obtain a special permit from the Board of Aldermen.

SECTION 32 – Laying hens

Laying hens, hereinafter referred to as fowl, may be kept pursuant to the following restrictions and requirements:

a. No person shall keep or maintain any fowl, within any enclosure that is within one hundred (100) feet of any residence or dwelling place other than that of the keeper thereof, and no more than twenty-five (25) fowl shall be permitted for each twenty thousand (20,000) square feet.

b. No roosters shall be kept within the City limits.

c. Fowl shall not be allowed to run at large and shall be restrained in a manner and by such means as will prevent the fowl from escaping, straying or running at large. Gates used to restrain fowl shall be kept closed with a chain and padlock to minimize vandalism.  Any fowl found running at large or not kept as required by this Section shall be subject to the impoundment provisions of this Ordinance.

d. Every person keeping or maintaining fowl shall keep the barn, shed or pen in which the fowl are kept or maintained in a clean and sanitary condition so that the same shall not emit foul or disagreeable odors. The keepers shall not permit any concentration of fowl droppings and feathers to occur.

e. Permitting carcasses of fowl to remain exposed after five (5) hours following death is hereby declared a nuisance and is prohibited.

SECTIONS 33 and 34 – Reserved

ARTICLE VI – Responsibilities and Requirements; Prohibitions

Section 35 – Presumption

Section 36 – Containment on owner’s property; use of leash

Section 37 – Animals prohibited at public functions; exceptions

Section 38 – Confinement of female animals in heat

Section 39 – Animal waste

Section 40 – Abandonment of animals

Section 41 – Animal Neglect

Section 42 – Animal Abuse

Section 43 – Public Nuisance

Section 44 – Impede enforcement

ARTICLE VI – RESPONSIBILITIES AND REQUIREMENTS; PROHIBITIONS

SECTION 35 – Presumption

In the prosecution charging a violation of this Ordinance, proof that at the time of the violation the defendant named in the complaint was the person who owned or was in control of the animal shall constitute prima facie evidence that the owner or the person in control of the animal was the person to be held responsible for the violation of any of provisions of this Ordinance.

SECTION 36 – Containment on owner’s property; use of leash

a. All dogs or cats within the City shall be leashed or securely penned on the owner’s property in such a way that said dog or cat is confined and unable to leave the property.

b. A cat or dog may be led on a leash not more than six (6) feet long.

c. A dog or cat may be contained on the owner’s property without a leash if the owner is present and the animal is at heel.

SECTION 37 – Animals prohibited at public functions; exceptions

a. Except as set forth in sub-section (b) below, no animal shall be present at any function within the City generally open to the public when ten (10) or more persons are present.

b. The provision of sub-section (a) above shall not apply to:

(1)       Certified seeing-eye dogs, hearing dogs, governmental police dogs, or other certified dogs that are trained to assist the physically handicapped; or

(2)        Any animal that is participating in a pet parade or other exhibition sponsored by the organization that is holding the public function. However, at the conclusion of any such parade or exhibition, the pet shall be removed from the immediate area of the function.

SECTION 38 – Confinement of female animals in heat

Every unaltered female animal, when in heat, shall be confined in a building or secure enclosure in such a manner that the female animal cannot come into contact with another animal except for planned breeding or create a nuisance by attracting other animals.

SECTION 39 – Animal waste

a. No person shall permit their animal, or an animal in their possession or control, to defecate at a location which is not the owner’s property;

b. The owner or the person in control of any animal shall remove any excreta deposited by his or her animal(s) on public walks, recreation areas or private property.

c. It shall not be a violation of this Section if feces is immediately cleaned up and placed in a trash receptacle or taken to a location where the owner may legally dispose of the feces.

SECTION 40 – Abandonment of animals

It shall be unlawful for any person to abandon any animal within the City limits or to permit any animal abandoned by him or her in the vicinity of the City limits to stray back in the City.

SECTION 41 – Animal neglect

a. Any person who has custody and/or ownership of an animal and fails to provide adequate care or control of the animal shall be found guilty of animal neglect.  It shall be unlawful to leave an animal tied out and unattended without sufficient food, water and shelter.

b. No owner or person who is responsible for the control and/or care of any animal shall neglect said animal. Animal neglect shall include, but is not limited to, the following:

(1)       Failure to provide the animal with sufficient and wholesome or nutritious food; or

(2)       Failure to provide veterinary care when needed to prevent suffering; or

(3)       Failure to provide humane care and treatment; and

(4)       Failure to provide a doghouse or shelter offering protection from the elements, (heat and cold, rain, sleet, snow, hail, etc.).  The shelter shall have bedding such as straw, cushion, sawdust, woodchips, etc.

c. Return of neglected animals:

If a person shall plead guilty to, or be convicted of animal neglect and the Court is satisfied that an animal owned or controlled by such person would be subject to future neglect, the animal shall not be returned to or allowed to remain with such person, and its disposition shall be determined by the Court.

SECTION 42 – Animal Abuse

a. No owner or person who is responsible for the control and/or care of any animal shall abuse said animal. Animal abuse includes, but shall not be limited to, the following:

(1)       Intentionally killing an animal in any manner prohibited other than those expressly exempted by the provisions of this Ordinance; or

(2)       Intentionally or cruelly beating, mistreating, tormenting, overloading, overworking, or otherwise abusing an animal or causing injury, suffering or pain to an animal; or

(3)       Abandoning an animal in any place without making provisions for its adequate care; or

(4)       Overworking or overloading an animal or driving or working an animal that is unfit to work; or

(5)       Instigating or permitting any dogfight, cockfight, bullfight or other combat

between animals or between animals and humans; or

(6)       Cropping an animal’s ears or tail, except by a licensed veterinarian; or

(7)       Exposing an animal to any known poisonous substance, whether mixed with food or not, so that it shall be likely to be eaten by that animal. It shall not be unlawful for a person to expose on their own property common rat poison mixed only with vegetable substances;

(8)       In the event a person operating a motor vehicle strikes a domestic animal, failing to report such injury or death to the appropriate local authority.

b. Return of abused animals:

If a person shall plead guilty to, or be convicted of animal abuse and the Court is satisfied that an animal owned or controlled by such person would be subject to future abuse, the animal shall not be returned to or allowed to remain with such person, and its disposition shall be determined by the Court.

SECTION 43 – Public nuisance

a. No one who owns, keeps, harbors or has control over any animal shall permit the animal to become a public nuisance animal. A public nuisance animal includes, but shall not limited to, any animal that:

(1)       Repeatedly runs at large; or

(2)       Trespasses on and damages the property of anyone other than its owners or those who control or harbor it; or

(3)       Molests or intimidates pedestrians or passersby;

(4)       Chases vehicles;

(5)       Excessively makes 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; or

(6)       Causes fouling of the air by an odor that creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; or

(7)       Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; or

(8)       Is offensive or dangerous to the public health, safety or welfare by virtue of the number and/or types of animals maintained; or

(9)       Attacks other domestic animals without provocation; or

(10)     Is diseased; or

(11)     Impedes refuse collection by ripping any bag or tipping any refuge container.

b. Any individual complaining about a public nuisance animal must be willing to sign a complaint and testify in court as to the offending animal or charges will not be pursued against the owner, keeper or person harboring the offending animal.

c. Any owner, keeper or anyone who harbors a public nuisance animal, upon a plea or finding of guilt, in addition to any fine imposed, shall abate the nuisance or pay restitution to the person injured by the nuisance.

SECTION 44 – Police Dogs

a. It shall be unlawful for any person to willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by the Rich Hill Police Department in the performance of its duties.

b. It shall be unlawful for any person to interfere with or meddle with any dog or any officer in the performance their duties.

SECTION 45 – Impede enforcement

It shall be unlawful for any person to conceal an animal or interfere with the Chief of Police or his authorized representative in the performance of his legal duty as provided in this Ordinance.

SECTION 46 – License Revocation

Any violation of this Ordinance shall constitute sufficient cause for revocation of such license.

Section 2. All ordinances or parts or ordinances in con­flict with this Ordinance arc hereby repealed to the extent of such conflict.

Section 3. The invalidity of any section, clause, sentence or provision of this Ordinance shall not affect the validity of any other part of this Ordinance that can be given effect without the invalid part or parts.

Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval[1].

Read two times and passed this 13th day of February 2019.

 

_______________________________________

Jason Rich, Mayor

 

ATTEST:

_______________________________________

Brittany Schenker, City Clerk

Ayes: Kassner, Pilcher, Robb

Nays: None

Humble Absent

[1] For informational purposes, this ordinance updates, supplements, and in some instances, repeals and replaces the following ordinances:  Ordinance 1659, enacted September 26, 2017; which repealed and replaced Ordinance 1534, enacted February 9, 2016; which repealed and replaced Ordinance 1509, enacted May 26, 2015; which repealed and replaced Ordinance 1501, enacted January 27, 2015: which repealed and replaced Ordinance 1395, enacted March 12, 2013: which repealed and replaced Ordinance 1394, enacted February 28, 2013; which repealed and replaced Ordinance 1371, enacted November 15, 2011: which repealed and replaced Ordinance 1325, enacted November 11, 2008; which repealed and replaced Ordinance 1283, enacted June 12, 2007: which repealed and replaced Ordinance 1267, enacted August 8, 2006; which repealed and replaced Ordinance 1222, enacted January 11, 2005; which repealed and replaced Ordinance 1212, enacted May 25, 2004; which repealed and replaced Ordinance 1181, enacted April 29, 2003; which repealed and replaced Ordinance 1161, enacted February 11, 2003;which repealed and replaced Ordinance 1089, enacted October 13, 1998; which repealed and replaced Ordinance 1088, enacted March 4, 1998; which repealed and replaced Ordinance 1047, enacted August 22, 1995; which repealed and replaced 1045, enacted May 23, 1995; which repealed and replaced Ordinance 1043, enacted April 25, 1995; which repealed and replaced Ordinance 1008, enacted March 10, 1992; which repealed and replaced Ordinance 0910; which repealed and replaced Ordinance 0889, enacted February 14, 1980; which repealed and replaced Ordinance 883, enacted October 23, 1979; which repealed and replaced Ordinance 0871, enacted February 12, 1979; which repealed and replaced Ordinance 0863, enacted June 26, 1987; which repealed and replaced Ordinance 0711, enacted April 11, 1972 and amended February 11, 1977; other reference Ordinance 521B, enacted July 13, 1971 and amended August 14, 1923.

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