Section 5-6 Animal abuse; unlawful impoundment; unlawful confinement.
Prior to the adoption of Ord. 21015 on 07/05/2011, Section 5-6 read as follows.
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;
(5) Carry or cause to be carried any animal in or on
any vehicle in a cruel or inhumane
(6) Tether an animal as the primary method of restraining
an animal to any property;
(7) Tether an animal using a choke collar;
(8) Tether an animal without using a properly fitted
collar or harness made of nylon or
(9) Tether an animal without using a tether of appropriate
length and weight for free animal
movement that includes swivels at both ends.
(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
substances and objects and
access to shade from direct sunlight and
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
(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
to maintain good
(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.
Nothing in this section shall be construed to prevent person
whatever action is necessary to defend
, other individual
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.
Removal of animals; impoundment. Each animal control officer
and authorized agent of
the Central Missouri Humane Society may recommend to the director of public health
animal be remove d
from a private owner and place d
in the custody of the
director of public health in cases where
the health or safety of the animal is in immediate
where the animal shows evidence of neglect or abuse. The
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
safety of the animal , in the opinion of the director, has been removed. Except for
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
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
An impounded animal may be humanely euthanized if a licensed veterinarian
determines that the animal is diseased or disabled beyond recovery.
Disposal of unredeemed animals.
Subject to the provisions of article VII, when
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.
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.
) Interfering with enforcing authority.
It shall be unlawful for
the director or
authorized representative in the performance of
duties set forth
(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.