Section 5-6 Animal abuse; unlawful impoundment; unlawful confinement.

(a) Unlawful acts. It shall be unlawful for any person to:

(1) Cruelly overwork any domestic animal;

(2) Cruelly work any domestic animal that is unfit for labor;

(3) Abandon any domestic animal to die;

(4) Beat, ill-treat, torment or cause injury or unnecessary pain to any animal; or

(5) Carry or cause to be carried any animal in or on any vehicle in a cruel or inhumane manner.

(b) Unlawful impoundment. It shall be unlawful for any person to impound or confine any animal or cause any animal to be impounded or confined without supplying the following:

(1) A structurally sound, properly ventilated, sanitary, dry and weatherproof shelter suitable for the species, age and condition of the animal . The shelter must be free of litter and hazardous substances and objects and must have access to shade from direct sunlight and must allow regress from exposure to inclement weather conditions;

(2) Wholesome food suitable for the species which is provided at suitable intervals in a sanitary manner in quantities sufficient to maintain good health in the animal considering its age and condition;

(3) Constant access or access at suitable intervals to a supply of clean, potable, unfrozen water, provided in a sanitary manner and in sufficient amounts for the animal to maintain good health; and

(4) Normal and prudent attention to the needs of the animal, including all necessary immunizations, sufficient exercise and rest to maintain good health and the provision to each sick or injured animal of the necessary veterinary care or humane death;.

(c) Unlawful confinement in vehicle. It shall be unlawful for any person to confine any animal or cause any animal to be confined in a vehicle under weather conditions that endanger the health of the animal.

(d) Defenses. Nothing in this section shall be construed to prevent person s from taking whatever action is necessary to defend themselves , other individual s or animal s when endangered by an animal attack. Nothing in this section shall be construed to prevent any person from performing any act permitted by section 578.007 RSMo or by any other Missouri or federal law.

( e ) Removal of animals; impoundment. Each animal control officer and authorized agent of t he Central Missouri Humane Society may recommend to the director of public health that an animal be removed from a private owner and placed in the custody of the director of public health in cases where the health or safety of the animal is in immediate danger or where the animal shows evidence of neglect or abuse . The director , upon determining that an animal is in immediate danger or shows evidence of neglect or abuse, may authorize the animal control officer or Humane Society agent to remove such animal, for the protection of the animal, and may retain custody of such animal until the threat to the health or safety of the animal, in the opinion of the director, has been removed. Except for exigent circumstances, if the owner of an animal that is neglected, abused or in danger does not consent to removal of the animal or if the owner of the property on which the animal is located does not consent to entry onto the property, the animal control officer or Humane Society agent shall enter the property and remove the animal only pursuant to a warrant issued by a judge. Any expense incurred in the impoundment of an animal under this section becomes a lien on the animal impounded and must be discharged before the animal is released from the custody of the director. Fees for dogs, cats and other small animals shall be consistent with section 5-5 of this article. In the case of large animals, private livestock haulers, stables, and other services may be used . The actual cost of the city for these services shall be charged in lieu of the costs set forth in section 5-5. The director of public health may delegate the authority conferred on the director by this subsection.

( f ) Disposal of unredeemed animals. When the impounded animal is not claimed by its owner and all impoundment costs satisfied within five (5) days from the date of impoundment, the animal may be sold at public or private sale for fair consideration to a person capable of providing care consistent with this section .T he proceeds of the sale shall be applied first to discharge the lien, and any balance shall be paid to the owner. If no purchaser is found, the animal may be disposed of in a manner consistent with section 5-5 of this article.

( g ) Interfering with enforcing authority. It shall be unlawful for a ny person to interfere with the director or the director’s authorized representative in the performance of the duties set forth in this section .

(Code 1964, § 5.095; Ord. No. 11910, § 1, 6-6-88; Ord. No. 14512, § 1, 6-5-95; Ord. No. 18576, § 1, 7-5-05)

State law reference(s)--Similar provisions, RSMo. § 578.060.