Columbia Animal abuse; unlawful impoundment; unlawful confinement; tethering ordinance (§ 5-6)

(a) Animal abuse. 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. The shelter must be free of litter and hazardous substances and objects and must have access to shade from direct sunlight and must allow 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 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 animal to maintain good health; 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.

(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) Tethering. It shall be unlawful to tether any animal except under the following restrictions:

(1) No animal may be tethered as the primary method of restraining an animal to any property. No animal may be tethered for a period longer than thirty (30) minutes unless it has also been provided with adequate food, water and shelter suitable for the species, age and condition of the animal;

(2) No animal may be tethered unless supervised by a competent person physically present on the property;

(3) The tether must be of a type and weight that allows for the free movement of the animal and shall be no less than three (3) times the animal's length or ten (10) feet, whichever is greater, free from any entanglements, and contain a swivel at both ends. At no time may any logging chain, tow chain or similar device be utilized as a tether;

(4) Animals must be tethered by a non-choke type collar or body harness constructed of either nylon or leather and no less than one (1) inch in width, unless the collar is a rolled leather collar;

(5) No dog under six (6) months in age may be tethered;

(6) Multiple animals must be tethered separately and in such a way that they may not become entangled with one another; and

(7) When tethered, an animal's maximum reach must be no closer than ten (10) feet from any sidewalk or property line.

(e) Defenses. Nothing in this section shall be construed to prevent persons from taking whatever action is necessary to defend themselves, other individuals or 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.

(f) Removal of animals; impoundment. Each animal control officer may remove an animal from a private owner and place it in the custody of the department when the health or safety of the animal is in immediate danger or when the animal shows evidence of neglect or abuse. The department may retain custody of such animal until the threat to the health or safety of the animal 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 shall enter 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. An impounded animal may be humanely euthanized if a licensed veterinarian determines that the animal is diseased or disabled beyond recovery.

(g) Disposal of unredeemed animals. Subject to the provisions of article VII, when the 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 or transferred to a person capable of providing care consistent with this section. The proceeds of the sale shall be applied to discharge the lien. If no purchaser is found, the animal may be disposed of in a manner consistent with section 5-5 of this article.

(h) Interfering with enforcing authority. It shall be unlawful for any person to interfere with the director or the director's authorized representative in the performance of the duties set forth in this section.