Chapter 205
ANIMAL REGULATIONS
ARTICLE I
In General
Section 205.010. Definitions.
The following words, when used in this Chapter, shall 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.
RUNNING AT LARGE — Allowing 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, 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.
ARTICLE II
Dogs and Cats
Section 205.020. Running At Large. [Ord. No. 1983-199 Art. II Div. 1 §1, 5-15-1983]
A. It shall be unlawful for any person to permit an animal possessed, kept or harbored by him/her, to be allowed to run at large. Failure to provide adequate control, to reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal or property as set by Section 578.005, RSMo., is deemed animal neglect and/or animal abuse, unless leashed, on the street, alleys or public places or on private premises not under control of such owner within the City whether a license for such animal shall have been secured or not. The owner of any animal who fails to keep his/her animal under restraint shall be held liable for all damages caused by said animal. Any animal found running at large and which cannot be safely taken up and impounded, then the Animal Control Officer or any Police Officer is hereby authorized to use such force as may be necessary to capture said animal, including the killing of such animal.
B. Whenever an animal is at large, known to be owned, harbored, kept or fed at a certain residence or by a certain family, then the head of such residence or family or any adult living there is hereby deemed to be the owner of said animal and shall be charged with a violation of this Section even though the animal is not captured; and the officer may upon request search the premises where he/she believes the animal is kept to attempt to verify that said animal is being kept by such person.
Section 205.030. City Pound. [Ord. No. 1983-199 Art. II Div. 1 §2, 5-15-1983; Ord. No. 2001-334 §2, 8-7-2001]
The City shall provide a single place for a pound and maintain same in a sanitary condition. Usual hours for the City Pound to be opened to the public are Monday, Tuesday, Wednesday and Friday from 7:30 A.M. to 3:30 P.M., except on holidays.
Section 205.040. Impounding — Generally — Pound, Etc., Fees. [Ord. No. 1983-199 Art. II Div. 1 §3, 5-18-1983; Ord. No. 2001-334 §3, 8-7-2001]
A. It shall be the duty of the Animal Control Officer to take up any dog or cat found running at large within the City and confine such dog or cat in the City Pound for one (1) week, during which time the owner, upon satisfactory proof to the Animal Control Officer of ownership, may redeem his/her dog or cat upon payment of a pound fee of ten dollars ($10.00) plus two dollars ($2.00) for each day the dog or cat is confined and upon payment of all other fees provided by this Article.
B. A ten dollar ($10.00) fee shall be charged for each additional redemption of a dog or cat by one (1) owner in any licensed year.
Section 205.050. Notice of Impoundment.
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 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 205.060. Impounding — Disposal of Unredeemed Dogs and Cats. [Ord. No. 1983-199 Art. II Div. 1 §4, 5-18-1983]
A. The Animal Control Officer shall make a diligent effort to determine the owner of any impounded dog or cat by:
1. Checking the dog or cat for a collar which might bear a name and address or license number which may be on file in the registration books of the City;
2. Checking with local veterinarians for a rabies tag, owner’s name and dog identification.
B. The Animal Control Officer shall, within twenty-four (24) hours of impoundment, notify the person so found or deemed to be the owner of said dog or cat by ordinary mail addressed to the last known address of the owner advising as to the date on which the dog or cat was impounded.
C. If the owner of any dog or cat impounded pursuant to the provision of this Article shall not apply to the Animal Control Officer and pay such fees as are provided in Section 205.040 within one (1) week from the time the dog or cat is confined in the City Pound, the Animal Control Officer is hereby authorized to dispose of such dog or cat in the most humane manner possible and in keeping with the other provisions of this Article, provided however, that any competent person may select a dog or cat which has been unclaimed for one (1) week but must comply with the same provisions of this Article as an owner.
Section 205.070. Disposal of Dead and Unwanted Animals. [Ord. No. 1983-199 Art. II Div. 1 §5, 5-15-1983]
An owner of a dog, cat or other domesticated animal or fowl shall be liable for the disposal of such animal or fowl. It is unlawful to dispose of same by placing the animal in garbage cans or dumping on public streets or parks, County roads and rights-of-way. It shall not be the duty of the Animal Control Officer, any Police Officer or any other City employee to assist in the retrieval or removal of any dead dog, cat, opossum, raccoon or other small wild animal, whether such animal belongs to the owner of the property where the dead animal is found or if it was deposited or strayed upon such property.
Section 205.080. Barking, Etc., Dogs — Meowing, Etc., Cats. [Ord. No. 1983-199 Art. II Div. 1 §6, 5-15-1983]
No person shall keep a dog which by loud, frequent barking or howling disturbs the surrounding neighborhood and no person shall keep a cat which by loud, frequent meowing or other noises disturbs the surrounding neighborhood.
Section 205.090. Complaints and Summons. [Ord. No. 1983-199 Art. II Div. 1 §7, 5-15-1983]
Complaints may be filed by any person having knowledge of the terms of this Article. The Animal Control Officer or Goodman Police Department may file complaints in the name of the City of Goodman in those instances where they have personal knowledge of the violation complained of.
Section 205.100. Rabies Control. [Ord. No. 1983-199 Art. II Div. 1 §9, 5-15-1983]
The provisions of Section 205.240 of Article IV of this Chapter relative to rabid animals shall be applicable to dogs and cats.
Section 205.110. Quarantine Order To Be Issued By Mayor — To Be Published and Posted.
Whenever rabies becomes prevalent in the City, the Mayor shall, according to the necessity of the case, issue a quarantine order requiring every owner or person in charge of any dog or dogs within the limits of the City to either kill or impound his/her dog or dogs or to have such dog or dogs immunized. Said order shall be published once in the paper officially publishing the business of the City and, in the absence of such paper, shall be posted as in case of sales of personal property. The Mayor is authorized by proclamation to terminate any such quarantine whenever, in his/her judgment, the necessity for it no longer exists.
Section 205.120. Female Dogs. [Ord. No. 1983-199 Art. II Div. 1 §10, 5-15-1983]
Any female dog “in heat” found running at large within the City of Goodman, Missouri, shall be impounded and the owner thereof, if he/she be known or can be ascertained, be notified of the impounding of said dog and unless said dog shall be claimed within fifteen (15) days after impounding, then said dog shall be disposed of as hereinabove provided.
Section 205.130. Animal Waste Prohibited On Public and Private Property — Exception.
Any person in physical possession and control of any animal shall remove excreta or other solid waste deposited by the animal in any public or private area not designated to receive such wastes including, but not limited to, streets, sidewalks, parking lots, public parks or recreation areas and private property. The provisions of this Section shall not apply to a guide dog accompanying any blind person.
ARTICLE III
Licensing and Registration of Dogs and Cats
Section 205.140. Registration and Licensing Required. [Ord. No. 1983-199 Art. II Div. 2 §11, 5-15-1983]
It shall be unlawful for any person to own, keep, possess, harbor or allow to remain upon any premises under his/her control within the City any dog or cat over the age of six (6) months, male or female, which has not been registered and a license issued therefor as provided by this Article.
Section 205.150. License Generally — Rabies Vaccination — Prerequisite To Issuance. [Ord. No. 1983-199 Art. II Div. 2 §12, 5-15-1983]
No license shall be issued for any dog or cat owned, kept, possessed, harbored or allowed upon the premises of any person within the City unless such dog or cat shall first have been vaccinated against rabies by a duly licensed veterinarian under the provisions of Section 205.160.
Section 205.160. Licenses Generally — Rabies Vaccination — Certificate — Relationship Between Date of Vaccination and Date of Issuance. [Ord. No. 1983-199 Art. II Div. 2 §13, 5-15-1983]
There shall be presented to the City prior to the issuance of a license pursuant to this Article a certificate signed by a duly licensed veterinarian showing that the dog or cat, as the case may be, has been vaccinated and giving the date of such vaccination and the duration of such vaccination, whether one (1) year or three (3) years. Where the certificate shows that the vaccination is valid for the period sought to be licensed, and that the dog or cat was at least six (6) months old at the time of vaccination, then the license may be issued for such dog or cat.
Section 205.170. License Generally — From Whom Obtained, Etc. [Ord. No. 1983-199 Art. II Div. 2 §14, 5-15-1983]
Licenses pursuant to this Article shall be obtained from the City Collector by paying the sum of two dollars ($2.00) for each male dog or each spayed female dog and four dollars ($4.00) for each female dog.
Section 205.180. License Generally — Tag. [Ord. No. 1983-199 Art. II Div. 2 §15, 5-15-1983]
Upon the issuance of each license pursuant to this Article, it shall be the duty of the City Collector to deliver to the person procuring the license a metal tag on which shall be engraved the license number and the year of issuance of such license. The owner of such dog or cat, as the case may be, shall cause the metal tag to be fastened securely around the dog’s or cat’s neck and worn continuously for the purpose of displaying to the public the fact that such dog or cat has been licensed according to law. It shall be unlawful for any person to remove the metal tag issued under the provisions of this Article from a dog or cat without the written consent of the owner of such dog or cat.
Section 205.190. License Generally — Register. [Ord. No. 1983-199 Art. II Div. 2 §16, 5-15-1983]
The City Collector shall keep a register of all licenses issued pursuant to this Article in which shall be entered the name of the applicant, the name of the owner of the dog or cat
if other than the applicant, a description of the dog or cat, name of dog or cat and the number of the license tag issued.
Section 205.200. License Generally — Expiration Date. [Ord. No. 1983-199 Art. II Div. 2 §17, 5-15-1983]
All licenses issued pursuant to this Article shall expire on the first (1st) day of April each year.
Section 205.210. Kennel License. [Ord. No. 1983-199 Art. II Div. 2 §18, 5-15-1983; Ord. No. 1992-270 Art. II Div. 2 §18, 9-15-1992; Ord. No. 2009-418 §1, 8-4-2009]
A. For the purposes of this Section, a person shall be deemed to be operating a kennel if said person possesses upon his/her property within the corporate City limits of Goodman, Missouri, four (4) or more dogs/cats.
B. Dog/Cat. For purposes of this Section, a dog/cat shall be any animal of the canine/feline species twelve (12) weeks of age or older.
C. For the purposes of this Section, a “kennel” shall mean any enterprise where dogs/cats are kept, sold, bred, boarded or trained. Any person operating a kennel shall be required to procure a kennel license which shall be issued upon application therefore and the payment of a fee of ten dollars ($10.00) if four (4) or more but less than ten (10) dogs/cats are kept within the kennel or one hundred dollars ($100.00) if ten (10) or more dogs/cats are kept therein.
ARTICLE IV
Livestock and Fowl
Section 205.220. Running At Large — Generally. [Ord. No. 1983-199 Art. I §1, 5-15-1983]
No person shall permit any horse, mule, mare, jack, jenny, colt, swine, sheep, bull, goat, steer, cow, heifer, calf or other animal or domestic fowl to run at large upon the streets, alleys or public places within the limits of the City.
Section 205.230. Running At Large — Private Property. [Ord. No. 1983-199 Art. I §2, 5-15-1983]
A. No person owning, controlling or in possession of any cow, mule, horse, sheep, hog, goat or other domestic animal shall allow or permit such animal to run at large upon, over or across the lot, garden or enclosure of another to his/her damage or annoyance.
B. Any person impounding any animals or fowls running at large shall be entitled to recover from the owner thereof a reasonable amount for such care or feed.
Section 205.240. Rabid Animals Generally. [Ord. No. 1983-199 Art. I §5, 5-15-1983; Ord. No. 2007-394 §1, 11-20-2007]
A. Whenever any domesticated animal owned, kept or harbored within the City limits bites or scratches a human being, the following procedure shall be followed:
1. The animal shall be considered a rabies suspect. The animal shall be immediately taken by the owner and impounded at a veterinary hospital where the animal shall be kept isolated and under observation for a period of ten (10) days for the purpose of determining whether or not it is infected with rabies. In the event is determined that the animal is so infected, it shall be immediately destroyed.
2. All costs incurred by reason of the transportation, impoundment and examination of the rabies suspect animal shall be borne by the owner of the animal.
3. Upon expiration of the ten (10) day confinement period, if the animal is determined by the veterinarian not to be infected, the animal shall be retrieved by the owner.
4. No owner shall be entitled to the return of the animal from the veterinary hospital or animal shelter unless he shall first have paid the costs incurred by reason of the confinement.
5. If the owner has not paid the costs and retrieved the animal after the confinement period, the animal shall be destroyed in a humane manner at the owner’s expense.
Section 205.250. Keeping, Etc., When Offensive, Etc. — Generally. [Ord. No. 1983-199 Art. I §6, 5-15-1983]
No person shall keep or harbor any animals or fowl in such number or in such close proximity to the dwelling place of another that the same shall become offensive, noisome or disagreeable to the community in which the same may be located. Any dog kennel, as hereinafter defined, shall be offensive per se if such kennel is not confined by adequate pens and located no closer than three hundred (300) feet to the closest residence which is not owned by the owner of the kennel.
Section 205.260. Keeping Chickens, Pigeons, Etc., Accumulating Manure in Fowl Pens. [Ord. No. 1983-199 Art. I §7, 5-15-1983]
No person shall keep chickens, ducks, geese, turkeys, pigeons or other fowl in an enclosure which is less than fifty (50) feet from any dwelling, church or school as measured from the exterior boundary of such enclosure, nor shall any person permit the accumulation of manure in any such enclosure.
Section 205.270. Stables, Barns, Pens, Etc. — Generally. [Ord. No. 1983-199 Art. I §8, 5-15-1983]
No person shall erect, operate or maintain any barn, stable, hen house, hutch or pen of any kind whatsoever and permit the same to become offensive, noisome, disagreeable or obnoxious to the community in which the same may be located.
ARTICLE V
Wild and Dangerous Animals
Section 205.280. Keeping of Wild and Dangerous Animals Prohibited — Exceptions. [Ord. No. 1984-207 §§1 — 3, 9-18-1984; Amendment to Ord. No. 1984-207 §§I — VII, 9-18-1984]
A. No wild animal may be kept within the City limits nor may any person permit such wild animal to run at large or lead such wild animal with a chain, rope or other appliance, whether such animal is muzzled or unmuzzled or kept caged or housed within the City.
B. No dangerous animal may be kept within the City limits except under the following circumstances:
1. All such dangerous animals are required to be kept on a leash of at least one quarter (¼) inch chain strength;
2. The animal may not be leashed nor tethered closer than five (5) feet from the property line, provided that a dangerous animal may be kept within a sufficiently confining fenced yard.
C. For purposes of this Section, a “dangerous animal” is any animal that exhibits or has exhibited a tendency to bite, scratch or otherwise cause injury to a person or property.
D. Any dangerous animal must be registered with City Hall and the owner must leave a picture of the dangerous animal on file with City Hall.
E. The following dogs are rebuttably presumed to be dangerous animals and must be registered with City Hall:
1. Pit Bull Dog.
2. Doberman Pinchers.
3. Rotweillers.
4. Boxers.
5. German Shepherds.
6. Chows.
7. Any mixed breed of dog which contains any of the specific described breeds as a portion of its bloodline.
F. Any person violating a provision of this Section shall be guilty of a misdemeanor punishable by a fine of not more than one hundred dollars ($100.00) or imprisonment of not more than fifteen (15) days, or by both fine and imprisonment. Each day of violation hereof shall be considered a separate of offense.
G. Excepted herefrom are animals kept by a circus performing within the City limits for no more than five (5) continuous days.
ARTICLE VI
Cruelty To Animals
Section 205.290. Animal Neglect or Abandonment.
A. A person is guilty of animal neglect if he/she has custody or ownership or both of an animal and fails to provide adequate care.
B. A person is guilty of animal abandonment if he/she has knowingly abandoned an animal in any place without making provisions for its adequate care.
C. Animal neglect or animal abandonment are ordinance violations. For a first (1st) offense of either violation, a term of imprisonment not to exceed fifteen (15) days or a fine not to exceed five hundred dollars ($500.00) or both such fine and imprisonment may be imposed. For a second (2nd) or subsequent violation of either offense, a term of imprisonment not to exceed ninety (90) days or a fine not to exceed five hundred dollars ($500.00) or both such fine and imprisonment may be imposed. All fines and penalties for a first (1st) conviction of animal neglect or animal abandonment may be waived by the court provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned animals may not be waived. This Section shall not apply to the provisions of Section 578.007 or Sections 272.010 to 272.370, RSMo.
D. In addition to any other penalty imposed by this Section, the court may order a person found guilty of animal neglect or animal abandonment to pay all reasonable costs and expenses necessary for:
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 205.295. Animal Trespass.
A. A person is guilty of animal trespass if a person having ownership or custody of an animal knowingly fails to provide adequate control for a period equal to or exceeding twelve (12) hours.
B. For a first conviction of animal trespass, each offense shall be punishable by a fine not to exceed two hundred dollars ($200.00). The second and all subsequent convictions shall be punishable by imprisonment or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment. All fines for a first
conviction of animal trespass may be waived by the court, provided that the person found guilty of animal trespass shows that adequate, permanent remedies for trespass have been made. Reasonable costs incurred for the care and maintenance of trespassing animals may not be waived. This Section shall not apply to the provisions of Section 578.007 or Sections 272.010 to 272.370, RSMo.
Section 205.300. Animal Abuse. 1
1. Note — Under certain circumstances this offense can be a felony under state law.
A. A person is guilty of animal abuse if a person:
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 which results in substantial harm to the animal.
Section 205.305. Definitions.
As used in this Article, the following terms shall mean:
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 living vertebrate except a human being.
ANIMAL SHELTER — A facility which is used to house or contain animals and which 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.
Section 205.310. Poisoning Animals, Etc. [Ord. No. 1983-199 Art. I §4, 5-15-1983]
No person shall willfully administer any poison to any animal or fowl within the City or put out or expose any poisonous substance in solid or liquid form where the sane may be taken, eaten or swallowed by any animal or fowl.
Section 205.320. Knowingly Releasing An Animal.
A. A person commits the offense of knowingly releasing an animal if that person, acting without the consent of the owner or custodian of an animal, intentionally releases any animal that is lawfully confined for the purpose of companionship or
protection of persons or property or for recreation, exhibition or educational purposes.
B. As used in this Section, “animal” means every living creature, domesticated or wild, but not including Homo sapiens.