Chapter 205: ANIMAL REGULATIONS

ARTICLE I: Dogs and Cats

Section 205.010.  Definitions. [CC 1984 §73.200]

The following words when used in this Chapter shall be held and construed to have the meanings set out herein: 

DOGS or CATS — All animals of the canine or feline species, both male and female.  

OWNER or KEEPER — Any person having a right of property in a dog or cat, or who keeps or harbors a dog or cat, or who has it in his/her care, or acts as its custodian, or who knowingly permits a dog or cat to remain on or about any premises owned or occupied by him/her.  

PIT BULL DOG — Any and all of the following dogs:  

1.       The Staffordshire Bull Terrier breed of dogs.  
2.       The American Staffordshire Terrier breed of dogs.  
3.       The American Pit Bull Terrier breed of dogs.  
4.       Dogs which have the appearance and characteristics of being predominately of the breeds of the dogs known as Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier.    

PUBLIC NUISANCES — Any dog which molests passersby, barks, whines, or howls in an excessive fashion shall constitute a public nuisance.  

RUNNING AT LARGE — Suffering a dog or cat to be off the private premises of the owner or keeper, or his/her agent or servant, and not on a leash or confined to the arms, motor vehicle, trailer or other conveyance of the owner or keeper or his/her agent or servant.  

SERIOUS PHYSICAL INJURY — Physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body.  

TRESPASSER — A person upon the premises of the owner or keeper of the dog in question without license or privilege to be upon said premises.  

UNRESTRAINED DOG — Any dog running at large, or, a dog on the premises of its owner or keeper but not confined to said premises by a leash, fence, structure or other means, that would prevent the dog from leaving such premises.  

VICIOUS DOG — Any of the following dogs:  

1.       Any dog, whether or not running at large, and whether or not unrestrained, that without provocation has bitten any person not a trespasser causing serious physical injury to that person.  
2.       Any unrestrained dog, whether or not running at large, that without provocation has attempted to bite any person not a trespasser which would cause serious physical injury to that person.  
3.       Any unrestrained dog, whether or not running at large, that without provocation has placed any person not a trespasser in apprehension of immediate serious physical injury.  
4.       Any dog that has killed another dog, cat or other domestic animal without provocation.  
5.       Any pit bull dog.    

Section 205.020.  Vaccination and Tag.

The owner or keeper of any dog or cat in the City of La Plata is hereby required to have such animals vaccinated against rabies by a licensed veterinarian and to procure a certificate of such vaccination and tag from the veterinarian and to present such certificate to the City Clerk on or before May first (1st) of each year. It shall be unlawful for the owner or keeper of any dog or cat to permit such animal to remain in the City of La Plata unless wearing the vaccination tag above provided for herein. 

Section 205.025.  Nuisance. [CC 1984 §73.240]

Animals which constitute a public nuisance shall be impounded by personnel authorized to do so. 

Section 205.030.  Running at Large Prohibited — Impoundment. [Ord. No. 778 §§1 — 2, 6-12-2001]

It shall be unlawful for the owner or keeper of any dog or cat to permit the same to run at large within the City of La Plata at any time. Any dog or cat found without the vaccination tag provided in Section 205.020, and any dog or cat found running at large shall be impounded. Such notice shall impose upon the owner a penalty not less than twenty-five dollars ($25.00). 

Section 205.035.  Dog Bite. [CC 1984 §73.230]

It shall be unlawful for the owner of any animal or any person harboring an animal when notified that such animal has bitten any person to sell or give away such animal or to permit or allow such animal to be taken beyond the limits of the City for a period of not less than fifteen (15) days after the date that such animal has so bitten or injured any person, except under the care of a licensed veterinarian. 

Section 205.040.  Vicious Dogs Prohibited — Exceptions — Impoundment. 

1.      It shall be unlawful to own, keep, or harbor a vicious dog in the City of La Plata except in accordance with the following provisions: 

1.       Leash and muzzle. No person shall permit a vicious dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a vicious dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, or buildings. In addition, all vicious dogs on a leash outside its kennel or pen must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals. 
2.       Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine vicious dogs must be locked with a key or combination lock when such dogs are within the structure. Said structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be imbedded in the ground no less than two (2) feet. Also such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition. 
3.       Confinement indoors. No vicious dog may be kept on a porch, patio or any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure. 
4.       Signs. All owners, keepers or harborers of vicious dogs within the City shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog". In addition, a similar sign is required to be posted on the kennel or pen of such dog.     

Section 205.050.  Duty to Impound.

It shall be the duty of the Chief of Police, the City Police, and any other person of the City of La Plata, especially designated by the Board of Aldermen and the Mayor for such purpose, to take up any dog or cat without the vaccination tag provided in Section 205.020, any dog or cat running at large, or any vicious dog in violation of Section 205.040 above, and to impound the same. In effecting the capture of any dog or cat, the officers aforesaid are authorized and directed to use traps, nets, tranquilizer guns or any other humane method. 

Section 205.060.  Cost of Impoundment.

Any officer performing duties under this Chapter shall be compensated from the City Treasury as provided from time to time by the Board of Aldermen. Such officer shall account to the City for all sums collected from owners or keepers under this Chapter, and pay same into the City Treasury. Costs of feeding and keeping dogs or cats impounded shall be paid from the City Treasury. 

Section 205.070.  Notice of Impoundment. [CC 1984 §73.250]

Every officer impounding a dog or cat under this Chapter shall, within twenty-four (24) hours after such impounding, enter upon a registry open to the public, and in plain public view for three (3) days at the City Hall of the City, a description of such dog or cat, including breed, color, and approximate size, and the date apprehended, and if the owner or keeper is known, the name and address of such owner or keeper; or the owner or keeper shall be given actual notice of the impoundment of such dog or cat before disposition of such dog or cat. 

Section 205.075.  Notice Alternative. [CC 1984 §73.260; Ord. No. 778 §§3 — 4, 6-12-2001]

In lieu of impounding an animal found at large, the appropriate City personnel may issue to the known owner a notice or ordinance violation. Such notice shall impose upon the owner a penalty not less than twenty-five dollars ($25.00) which shall be paid to the City Clerk to satisfy the assessed penalty. 

Section 205.080.  Reimbursement of Costs. [CC 1984 §73.250; Ord. No. 636 §2, 9-17-1991; Ord. No. 778 §§5 — 6, 6-12-2001] 

1.       For each offense, the owner shall pay a fee of not less than twenty-five dollars ($25.00) plus seven dollars ($7.00) for each animal, each day the animal has been impounded.     

Section 205.090.  Term of Impoundment. [Ord. No. 734 §§1 — 2, 5-9-2000]

It shall be the duty of any officer impounding any dog or cat under this Chapter to keep the same impounded for a period of three (3) days, unless such dog or cat shall be reclaimed by his/her owner or keeper under Section 205.080 of this Chapter. If, after the expiration of three (3) days from the date of such impoundment, such dog or cat shall not have been reclaimed, the same shall be disposed of or destroyed in a humane manner. 

Section 205.100.  Redemption of Impounded Dogs — Proof of Rabies Vaccine. [Ord. No. 607 §1, 12-12-1989]

Any dog picked up by the Animal Control Officer and impounded must show proof of rabies vaccine to retrieve the animal from impoundment. 

Section 205.110.  Animal Neglect or Abandonment. 

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 205.120.  Animal Abuse. [1] 

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 or adequate control.   

ARTICLE II

Animals and Fowl

Section 205.130.  Certain Stock Not Permitted to Run at Large. [CC 1984 §73.010]

It shall be unlawful for the owner of any animal of the species of horse, mule, ass, cattle, swine, sheep or goat, in this City, to permit the same to run at large outside the enclosure of the owner of such stock. 

Section 205.140.  Impoundment of Animals Unlawfully at Large — by Chief of Police — Notice to Owner. [2] [CC 1984 §73.020; Ord. No. 850 §§1 — 3, 5-13-2003]

It is hereby made the duty of the Chief of Police, whenever he/she shall see or be notified that any animal of the species heretofore mentioned is running at large contrary to any of the provisions of this Article, to take up and impound and safely keep such animal, and if the owner be known to the Chief of Police he/she shall give notice of such taking up to the owner of the animal so taken up, either verbally or in writing, or if the owner of the animal so taken up be not known, the Chief of Police shall, immediately upon taking up such animal, post written notices in four (4) public places in this City containing a description of the animal so taken up and the time when and place where such animal was found to be at large. 

Section 205.150.  Impoundment Fees and Expense of Caring for Animals. [3] [CC 1984 §73.030; Ord. No. 850 §§1 — 3, 5-13-2003]

For each animal taken up and impounded by the Chief of Police, according to the provisions of this Article, he/she shall be entitled to and collect from the owner, or from the person entitled to the possession thereof, the sum of ten dollars ($10.00). The amount so collected by the Chief of Police shall be turned over to the Treasurer, for the use of the City, and in addition to the amount aforesaid, the Chief of Police shall collect from the owner, or the person entitled to possession of such stock, an amount equal to the cost of caring for, feeding and advertising such stock. 

Section 205.160.  Impoundment — Sale of Unredeemed Animals and Disposition of Proceeds. [CC 1984 §73.040]

If the owner of any animal taken up and impounded under the provisions of this Article be unknown after three (3) days' diligent inquiry by the Chief of Police, or if the person entitled to the possession of any animal taken up under the provisions of this Article, shall not within three (3) days after receiving notice as provided for in this Article redeem such animal by paying all costs and penalties of taking up and keeping it, the animal shall be sold as hereinafter provided. It is hereby made the duty of the Chief of Police to advertise for sale any animal that shall have been taken up by him/her under the provisions of this Article, and that remains unredeemed at the end of three (3) days, as heretofore provided for, by posting in four (4) public places in this City, that such animal will be sold at public auction, to the highest bidder, giving at least fifteen (15) days' notice of the sale. After paying all the cost for taking up, caring for and sale of any animal according to the provisions of this Article, the balance from such sale, if any, shall be turned over to the Treasurer, subject to the order of the owner of such stock, if called for within twelve (12) months after the date of sale, but if not called for, the balance shall be turned into the Street Fund of this City. 

Section 205.170.  Impoundment — Disposition of Animals Not Sold. [4] [CC 1984 §73.050; Ord. No. 850 §§1 — 3, 5-13-2003]

Animals taken up and impounded and which are not redeemed by their owners or sold as provided in this Article may be released to any responsible person upon his/her applications, or may be destroyed in a humane manner. 

Section 205.180.  Grazing on Streets, Sidewalks and Public Places. [5] [CC 1984 §73.060; Ord. No. 850 §§1 — 3, 5-13-2003] 

Section 205.190.  Poultry and Other Fowl Not to Be at Large — Enclosures. [CC 1984 §73.070]

It shall be unlawful for any person owning, in charge of or keeping any poultry or other fowl to permit any such fowl to run at large within the City; and all such fowl shall be kept within enclosures of sufficient mesh and height to prevent them from running at large. 

Section 205.200.  Enclosures. [CC 1984 §73.080; Ord. No. 17-10 § 1, 6-13-2017]

Each stable, corral, pen, coop or other place where any animal or fowl is kept shall be so constructed that the animal or fowl cannot escape therefrom except when the door or other exit is left open. Each place where an animal or fowl is kept shall at all times be maintained in a clean and sanitary condition, free of solid and liquid refuse and free of offensive odors; and anyplace where an animal or fowl is kept and which is maintained contrary to this Section shall be deemed to be a nuisance. Animals such as equine, bovine, goats, swine and fowl shall not be kept in an enclosure smaller than one and one-half (1 1/2) acres per animal. 

Section 205.210.  Disposition of Carcasses. [6] [CC 1984 §73.090; Ord. No. 850 §§1 — 3, 5-13-2003]

Every person owning or caring for any animal or fowl that has died from any cause shall dispose of the body thereof within twenty-four (24) hours after knowledge of such death, either to a person licensed to dispose of or transport it, or by the owner or person entitled to such body, causing the same to be buried within that time upon his/her own or any other lawfully available premises, and any such body shall be buried to such a depth that no part thereof shall be nearer than four (4) feet to the natural surface of the ground and every part of such body shall be covered with at least four (4) feet of earth in addition to any other materials that may be used for that purpose; provided, that any person so owning or controlling any dead animal, that has not died of a contagious disease, shall have the right to remove the hide or skin thereof on his/her own premises before burying such body as herein prescribed, but such skinning must be done and the disposition of such hide, or skin and body must be made in a manner that will avoid the creation of any nuisance. If an animal or fowl be not in the possession or custody of any person at the time of its death, or if its owner or person caring therefor be not known, the carcass shall be removed by the Chief of Police.