Prior to the adoption of Ord. 18576 on 07/05/2005, Section 5-6 read as follows.


    (a)    Actions deemed misdemeanors. Any person who shall cruelly overwork any domestic animal or shall cruelly drive or work the same when unfit for labor, or shall abandon the same to die, or shall beat, ill-treat, torment or cause injury or unnecessary pain to any animal, or shall carry or cause the same to be carried, moved or kept in or upon any vehicle in a cruel or inhumane manner, or shall impound or confine or cause to be impounded or confined in any place any animal or creature and fail to supply the same during such confinement with the following: 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., which is The shelter must be free of litter or and hazardous substances and objects and which provides must have access to shade from direct sunlight and must allow regress from exposure to inclement weather conditions;

    (2)    Wholesome foodstuffs 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 species animal to maintain good health in the animal; 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;.

shall be deemed guilty of a misdemeanor.

    (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 so as to prevent a persons from taking whatever action is necessary to defend himself themselves, another individuals or an animals 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.

    (be)     Removal of animals; impoundment. Each animal control officer and authorized agent of Tthe Central Missouri Humane Society may shall have the power and be authorized to make recommendation to the director of public health services or his authorized representative, that an animals be removed from a private owners and placed in the custody of such the director of public health services or his authorized representative in cases where the health or safety of the animal is, in the opinion of the director or his representative, in immediate danger or where the animal shows evidence of neglect or abuse. Such The director, upon determining that an animal is in immediate danger or shows evidence of neglect or abuse, or his representative shall have the power to may authorize the animal control officer or Humane Society agent to remove such animals, except from houses, without the consent of the owners, for the protection of the animals, and shall have the right to may retain custody of such animals until the threat to the health or safety of the animals, in the opinion of the director or his representative, 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 such 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 or his representative. 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 utilized by the director or his representative. The actual cost of the city for these services shall be charged in lieu of the schedule costs set forth in section 5-5. The director of public health may delegate the authority conferred on the director by this subsection.

    (cf)     Disposal of unredeemed animals. When the impounded animal is not claimed by its owner and all impoundment costs satisfied within seven (7) five (5) days from the date of impoundment, such the animal may be sold at public or private sale for fair consideration to a person capable of providing care consistent with this section., with tThe proceeds of that the sale shall be applied first to discharge of the lien, and any balance to shall be paid over 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.

    (dg)     Interfering with enforcing authority. It shall be unlawful for Aany person who shall to interfere with the director or his the director’s authorized representative in the performance of his the duties, as set forth in this section subsections (b) and (c) above, shall be deemed guilty of a misdemeanor.

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

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