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HomeMy WebLinkAboutOrd.4309.05-07-2012i BILL NO. 12-35 ORDINANCE NO. Q AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AND ADOPTING A NEW SECTION 6-10 RELATING TO NO SUPPLEMENTAL FEEDING OF DEER BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . Sections 6-1 to 6-9 of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to Animals and Fowl, reading as follows : Sec. 6-1 . - Running at large; prohibited. (a) No owner or keeper of any animal or domesticated fowl shall permit or suffer such animal or fowl to run at large outside the premises of the owner or keeper, or to annoy, impair or disturb the peace, comfort, health or safety of the residents of the city. (b) This section shall not apply to dogs . (Ord. No. 3359, § 1, 8-2-04) Sec. 6-2 . - Removal of dead animals; requirements . No owner or keeper of any animals or fowl which may die within the city shall permit or suffer same to remain within the city more than twelve (12) hours after its death. (Ord. No. 3359, § 1, 8-2-04 ) Sec. 6-3 . - Living areas of animals and fowl to be kept clean. The owner and keeper of any animal or domestic fowl shall keep all stables, sheds, yards and areas where such animal or fowl are kept in a clean and wholesome condition, and free from offensive odors . 1 ('.Ord. No. 3359, § 1, 8-2-04) Sec. 6-4 . - Animal abuse. (a) A person is guilty of animal abuse when a person: (1) Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of RSMo 578 . 005, et seq, as amended, and 273 . 030, et seq, as amended. (2) Purposely, intentionally or recklessly causes injury, suffering, or pain to an animal; (3) Abandons an animal in any place without making provisions for its adequate care; (4 ) Overworks or overloads an animal or drives or works an animal unfit to work; or (5) Having ownership or custody of an animal, willfully fails to provide adequate care or adequate control . (b) If a person pleads guilty or .is found guilty of a violation of this section and the judge is satisfied that the animal owned or controlled by such person would in the future be subject to more neglect or abuse, such animal shall not be returned to or allowed to remain with such person, but its disposition shall be determined by the court . (Ord. No. 3359, § 1, 8-2-04 ) Sec. 6-5 . - Enforcement . The police department shall enforce the provisions of this chapter. The health department shall assist the police department and cooperate wherever health problems or the questions of rabies may be involved. (Ord. No. 3359, § 1, 8-2-04 ) 2 Sec. 6-6 . - Impoundment of animals which have bitten persons . The city police department may impound any animal which has bitten a person for a period not to exceed ten (10) days from the date of the biting occurrence. If the animal is impounded, it will be micro-chipped for identification before final release . The owner of the animal may claim the animal at the end of the ten- day period by paying the cost of the micro-chipping and the per day cost for impounding and feeding the animal . If the owner or some person for him does not claim the animal within three (3) days after the ten- day period, ownership of the animal shall transfer to the impoundment facility and the animal may be placed for adoption or euthanized. If any animal shall die while in the custody of the police department under such impoundment, the animal shall thereafter be forfeited to the city for the purpose of conducting such tests as may be necessary to determine whether the animal was rabid. A person shall not hide, secrete or turn loose any such animal which has bitten a person, or in any way interfere with the police department ' s impounding of such animal . (Ord. No. 3359, § 1, 8-2-04 ; Ord. No. 3523, art . 1, 7- 18-05) Sec. 6-7 . - Use of rabbits or fowl as prizes or as part of contests . (a) No person operating any retail or wholesale business, game of skill or chance, amusement, contest, or carnival show or ride shall give or transfer, or offer to give or transfer to another, a live rabbit or any live fowl as a prize, gift, reward or promotional incentive. Nothing herein contained shall be construed to prohibit legitimate sales of fowl at retail . (b) No person shall use or employ rabbits or any fowl in any manner in the course of any game of skill or chance or contest . (Ord. No. 3359, § 1, 8-2-04 ) Sec. 6-8 . - Animal neglect . 3 (a) A person is guilty of neglect when he has custody or ownership or both of an animal and fails to provide adequate care or adequate control . (b) If a person pleads guilty or is found guilty of a violation of this section and the judge is satisfied that the animal owned or controlled by such person would in the future be subject to more neglect or abuse, such animal shall not be returned to or allowed to remain with such person, but its disposition shall be determined by the court . (Ord. No . 3359, § 1, 8-2-04 ) Sec. 6-9 . - Definitions . The following words, terms and phrases, when used in this chapter, shall have the meanings that are ascribed to them in this section. Adequate care means 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 means to reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal or property. Adequate shelter means a structurally sound, properly ventilated, sanitary and weatherproof shelter suitable for the species, which provides access to shade from direct sunlight and will keep the animal from exposure to inclement weather conditions . Animal means every living vertebrate except a human being. At large means off the premises of the owner, and not under the restraint of the owner or keeper of the animal . 4 Harbor means to feed or shelter an animal at the same location for or more than three (3) consecutive days . Heat means the time in which a female animal is in season and is capable of breeding. Neutered means surgery altering a male animal so that it may not breed or reproduce . Owner means in addition to its ordinary meaning, any person who keeps or harbors an animal for more than three (3) consecutive days . Spayed means surgery altering a female animal so that it may not breed or reproduce . (Ord. No. 3359, § 1, 8-2-04 ) a `hereby. repealed in its entirety, and new Sections 6-1 through 6-9 relating to Animals and Fowl, are hereby enacted in lieu, in words and figures, to read as follows : Sec. 6-1 . - Definitions . The following words, terms and phrases, when used in this chapter, shall have the meanings that are ascribed to them in this section. Adequate care means 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 means to reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal or property. Adequate shelter means a structurally sound, properly ventilated, sanitary and weatherproof shelter suitable for the species, which provides access to shade from direct sunlight and will keep the animal from exposure to inclement weather conditions . Animal means every living vertebrate except a human being. 5 At large means off the premises of the owner, and not under the restraint of the owner or keeper of the animal . Harbor means to feed or shelter an animal at the same location for or more than three (3) consecutive days . Heat means the time in which a female animal is in season and is capable of breeding. Neutered means surgery altering a male animal so that it may not breed or reproduce. Owner means in addition to its ordinary meaning, any person who keeps or harbors an animal for more than three (3) consecutive days . Spayed means surgery altering a female animal so that it may not breed or reproduce. (Ord. No. 3359, § 1, 8-2-04 ) Sec. 6-2 . - Running at large; prohibited. (a) No owner or keeper of any animal or domesticated fowl shall permit or suffer such animal or fowl to run at large outside the premises of the owner or keeper, or to annoy, impair or disturb the peace, comfort, health or safety of the residents of the city. (b) This section shall not apply to dogs . (Ord. No. 3359, § 1, 8-2-04 ) Sec. 6-3 . - Removal of dead animals; requirements . No owner or keeper of any animals or fowl which may die within the city shall permit or suffer same to remain within the city more than twelve (12) hours after its death. (Ord. No. 3359, § 1, 8-2-04 ) Sec. 6-4 . - Living areas of animals and fowl to be kept clean. 6 i The owner and keeper of any animal or domestic fowl shall keep all stables, sheds, yards and areas where such animal or fowl are kept in a clean and wholesome condition, and free from offensive odors . (Ord. No. 3359, § 1, 8-2-04 ) Sec. 6-5 . - Animal abuse . (a) A person is guilty of animal abuse when a person: (1) Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of RSMo 578 . 005, et seq, as amended, and 273 . 030, et seq, as amended. (2) Purposely, intentionally or recklessly causes injury, suffering, or pain to an animal; (3) Abandons an animal in any place without making provisions for its adequate care; (4 ) Overworks or overloads an animal or drives or works an animal unfit to work; or (5) Having ownership or custody of an animal, willfully fails to provide adequate care or adequate control . (b) If a person pleads guilty or is found guilty of a violation of this section and the judge is satisfied that the animal owned or controlled by such person would in the future be subject to more neglect or abuse, such animal shall not be returned to or allowed to remain with such person, but its disposition shall be determined by the court . (Ord. No. 3359, § 1, 8-2-04 ) Sec. 6-6 . - Enforcement . 7 The police department shall enforce the provisions of this chapter. The health department shall assist the police department and cooperate wherever health problems or the questions of rabies may be involved. (Ord. No. 3359, § 1, 8-2-04 ) Sec. 6-7 . - Impoundment of animals which have bitten persons . The city police department may impound any animal which has bitten a person for a period not to exceed ten (10) days from the date of the biting occurrence . If the animal is impounded, it will be micro-chipped for identification before final release . The owner of the animal may claim the animal at the end of the ten- day period by paying the cost of the micro-chipping and the per day cost for impounding and feeding the animal . If the owner or some person for him does not claim the animal within three (3) days after the ten- day period, ownership of the animal shall transfer to the impoundment facility and the animal may be placed for adoption or euthanized. If any animal shall die while in the custody of the police department under such impoundment, the animal shall thereafter be forfeited to the city for the purpose of conducting such tests as may be necessary to determine whether the animal was rabid. A person shall not hide, secrete or turn loose any such animal which has bitten a person, or in any way interfere with the police department ' s impounding of such animal. (Ord. No. 3359, § 1, 8-2-04 ; Ord. No. 3523, art . 1, 7-18-05) Sec. 6-8 . - Use of rabbits or fowl as prizes or as part of contests . (a) No person operating any retail or wholesale business, game of skill or chance, amusement, contest, or carnival show or ride shall give or transfer, or offer to give or transfer to another, a live rabbit or any live fowl as a prize, gift, reward or promotional incentive . 8 Nothing herein contained shall be construed to prohibit legitimate sales of fowl at retail . (b) No person shall use or employ rabbits or any fowl in any manner in the course of any game of skill or chance or contest . (Ord. No. 3359, § 1, 8-2-04 ) Sec. 6-9 . - Animal neglect . (a) A person is guilty of neglect when he has custody or ownership or both of an animal and fails to provide adequate care or adequate control . (b) If a person pleads guilty or is found guilty of a violation of this section and the judge is satisfied that the animal owned or controlled by such person would in the future be subject to more neglect or abuse, such animal shall not be returned to or allowed to remain with such person, but its disposition shall be determined by the court . (Ord. No. 3359, § 1, 8-2-04 ) Sec. 6-10 - No supplemental Feeding of Deer . (a) The attracting and feeding of white-tailed deer within the City limits results in the deposit of refuse, debris, fecal matter and other offensive substances and in the attraction of wildlife, creating traffic hazards, property damage and nuisance and annoyance of other persons . Unless otherwise permitted by law, no person shall deposit, place, distribute or leave any fruit, grain, hay, vegetable, or other food, of any kind or nature, to include substances that mimic the odor of attractive food sources, with the intent to attract or feed white-tailed deer on public or private property. This prohibition shall not apply, however, in an AG-1 Zoning District . 9 (b) There shall be a rebuttable presumption that the placement of fruit, grain, hay, vegetables, or other food in an aggregate volume or more the one-half gallon at a height of less than six feet off the ground, or any drop feeder, automatic feeder, or similar device regardless of height, is for the purpose of feeding deer in violation of this section. Naturally growing plants, gardens, residue maintained as a mulch pile, and unmodified commercially purchased bird feeders or their equivalent are not prohibited under this section. (c) A property owner shall immediately remove any materials placed on their property by others in violation of this section. (d) The provisions of this Ordinance shall not apply to any resident or agent of the City authorized to implement wildlife management programs and who possesses the necessary permits from the Missouri Department of Conservation, nor shall it apply to any public officer of public employee in the performance of his duties . The provisions of this Ordinance shall not apply to feeding of domestic animals . (e) Each act in which a person violates this section shall be considered a separate incident and may be punished as a separate offense. ARTICLE 2 . If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3 . This Ordinance shall be in full force and effect from and after its passage and approval . 10 PASSED AND APPROVED this day of 2012 . ry E. edi er, Mayor + ATTEST: ! ��11tARaD� Gayl . . Conrad, City Clerk SEAL 11