City of pleasant hope missouri municipal code

Chapter 214 – Fresh Pursuit by City Police within City Limits

(Ordinance 256, 01/18/2010)

Section 214.100: Definitions

Fresh Pursuit - means the pursuit of a person who has committed a felony or is reasonably suspected of having committed a felony in the State of Missouri, or who has committed or attempted to commit in the State of Missouri a criminal offense or violation of municipal or county ordinance in the presence of a City Police Officer or for whom such officer holds a warrant of arrest for a criminal offense. It shall also include the pursuit of a person suspected of having committed a supposed felony in the State of Missouri, though no felony has actually been committed, if there is reasonable ground for so believing. "Fresh Pursuit" shall imply instant pursuit.

Section 214.002: Officers Authorized To Conduct Fresh Pursuit

Every City Police Officer certified by the Missouri Director of the Department of Public Safety as a peace officer as provided by Mo. Rev. State., chapter 590, as amended, is hereby authorized to arrest and hold in custody any person apprehended as the result of fresh pursuit as defined herein subject to the rules and procedures adopted by the City Police Department.

Section 214.003: Initiation of Fresh Pursuit

Fresh pursuit may only be initiated from within the city limits of the City and shall be terminated once the pursuing officer is outside of his jurisdiction and has lost contact with the person being pursued.

Section 214.004: Traffic Violations

If the offense is a traffic violation, the uniform traffic ticket shall be used as if the violator had been apprehended in the City and a summons shall be issued by the arresting officer.

Section 214.005: Warrant Arrests

If an arrest is made in obedience to a warrant, the disposition of the prisoner shall be made as in other cases of arrest under a warrant.

Section 214.006: Policies and Procedures

All incidents of fresh pursuit shall be conducted pursuant to the policies and procedures adopted by the City Police Department and approved by the Board of Aldermen.

Chapter 215 - Animal Regulations

Section 215.010: Definitions

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal – every nonhuman species of animal, both domestic and wild.
Animal-at-large – any animal not under the restraint of a person capable of controlling the animal on or off the premises of the owner.
Animal Shelter – any facility operated by a human society, or governmental agency or its authorized agents, for the purpose of impounding animals under the authority of this chapter or state law for care, confinement, return to owner, adoption or euthanasia.
Farm animal – animals that would normally be located on a farm and includes, but is not limited to horses, ponies, jackasses, donkeys, mules, cows, pigs, including pot-bellied pigs, chickens and other poultry.
Owner – any person owning, keeping, or harboring one (1) or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more. If an Owner is a minor, each adult person having the care, custody and control of such minor is hereby required to exercise the duties of an Owner, and for the purposes of this Ordinance, each such person shall conclusively be deemed to be the Owner. If an animal kept at a household that has more than one adult owner or tenant of the premises, each such adult is hereby required to exercise the duties of an Owner and for the purpose of this Ordinance each person shall conclusively be deemed to be the Owner.
Pets – domestic cats, dogs, parakeets, parrots, hamsters and such small animals as are intended for the enjoyment of the residents of a household in which the animals are kept.
Public nuisance or public nuisance animal – any animal that unreasonably annoys humans, endangers the life or health of other animals or persons, or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term “public nuisance animal” shall mean and include, but is not limited to, any animal that;

1. 
   is found at large;
   

2. 
   damages the property of anyone other than its owner;
   

3. 
   molests or threatens pedestrians or passersby;
   

4. 
   chases vehicles, including motorized or non-motorized bicycles, scooters or other instruments used for the conveyance of persons from one location to another;
   

5. 
   excessively makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
   

6. 
   causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
   

7. 
   causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;
   

8. 
   is offensive or dangerous to the public health, safety or welfare by virtue of the number and/or types of animals maintained; or, attacks other domestic animals.
   

Restraint – means any animal shall be secured by a leash or lead under direct control of a responsible person, or contained within an enclosed area on the owners property (i.e. fenced, pen, cage, animal carrier or kennel), to refrain from barking at, following or attacking humans of other animals, to refrain from chasing vehicles, and to refrain from doing any other act that is a violation of this ordinance. (Ordinance 309, 10/19/2015)
Vicious or Bad Animal – is any animal that attacks, bites or injures human beings or domesticated animals without adequate provocation, or which, because of temperament, conditioning or training has a known propensity to attack, bite or injure human beings or domesticated animals.
Wild Animal – is any living member of the animal kingdom, including those born or raised in captivity, except the following: domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents, captive-bred species of common cage birds and fish.
Section 215.011: Future use

Section 215.015: Future use

Section 215.020: Future use

Section 215.025: Future use

Section 215.030: Restraint of Certain Animals

1. 
   All dogs shall be kept under restraint.
   

2. 
   No dog or cat shall be permitted to appear unrestrained in any City Park or Cemetery.
   

3. 
   No owner shall fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance.
   

4. 
   Every female dog or cat in heat shall be contain in a building or secure enclosure in such a manner that such female dog or cat cannot come in contact with another animal except for planned breeding.
   

5. 
   Every vicious or bad animal, as determined by the municipal court, shall be confined by the owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner.
   

Section 215.035 – Impoundment and Violation Notice

1. 
   Unrestrained dogs, public nuisance animals, and animals covered by Sections 215.040, 215.045 and 215.050 may be taken by Law Enforcement, and impounded at an animal shelter and there be confined in a humane manner.
   

2. 
   Impounded animals shall be kept for not fewer than five (5) working days.
   

3. 
   If the owner of an impounded animal can be identified, the Law Enforcement Officer shall immediately, upon impoundment, notify the owner by telephone or certified mail (or cause such notification to be given) of the impoundment and recovery procedures. If the owner of the impounded animal cannot be identified, then the animal control officer shall make a complete registry of the animal.
   

4. 
   Any animal not reclaimed by its owner, within five (5) working days, shall become the property of the animal shelter and be placed for adoption in a suitable home or humanely euthanized. No animal, living or dead, shall be sold, given, conveyed or otherwise transferred to laboratories or other institutions for the purpose of research, or to dealers or to any individuals who supply animals to such institutions for research purposes.
   

5. 
   Any animal that is claimed by its owner shall not be released unless (1) the owner presents proof ownership, and (2) proof of city registration, and (3) proof of rabies vaccination administered by a licensed veterinarian with the prior 24 months, and (4) payment of the daily cost of care as determined by the City or the animal control shelter acting under contract with the City where the animal has been confined, plus all veterinarian or additional costs incurred during the period of confinement. If the rabies vaccination or city registration is not current, the owner shall be given five (5) business days within which to arrange for such vaccination and/or registration. If proof of vaccination or registration is not provided within the permitted time, or payments of the costs of confinement are not paid, or the purported owner fails to provide proof of ownership, the animal shall be deemed to have not been claimed and the provisions of Paragraph (D) of this Section shall apply.
   

Section 215.040 – Animal Care and Cruelty

1. 
   No owner shall fail to provide his animals with sufficient wholesome and nutritious food, water in sufficient quantities, proper air, shelter space and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment.
   

2. 
   No person shall beat, cruelly ill-treat, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat between animals or between animals and humans.
   

3. 
   No owner of an animal shall abandon such animal.
   

4. 
   No person shall give away any live animal, fish, reptile, or bird as a prize for, or as an inducement to enter, any contest, game, or other competition, as an inducement to enter a place of amusement; or as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade.
   

5. 
   Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal's owner. In the event the owner cannot be ascertained and located, such operator shall at once report the accident to the City of Pleasant Hope Police Department or the Polk County Humane Society.
   

6. 
   No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any animal, provided that it shall be lawful for a person to expose on his own property common rat poison mixed only with vegetable substance.
   

7. 
   No person shall leave any animal in any parked motor vehicle under such conditions of inadequate ventilation, excessive heat or cold or inadequate water that is likely to result in injury or death to the animal.
   

8. 
   Farm animals shall be kept on and restrained within properties of not less than three (3) acres, and only then if the property is zoned for the keeping of farm animals.
   

Section 215.045 – Keeping of Wild Animals

1. 
   No person shall own, possess, or have custody on his premises any wild animal for display, training, or exhibition purposes, whether gratuitously or for a fee.
   

2. 
   No person shall keep or permit to be kept any wild animal as a pet.
   

Section 215.050 – Performing Animal Exhibitions

1. 
   No person may sponsor, promote or train an animal to participate in, contribute to the involvement of an animal in, or attend as a spectator any activity or event in which any animal engages in unnatural behavior or is wrestled, fought, mentally or physically harassed, or displayed in such a way that the animal is abused or stressed mentally or physically or is induced or encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a manner that will cause or is likely to cause physical injury or suffering. This prohibition applies to events and activities taking place in either public or private facilities or property, and shall apply regardless of the purpose of the event or activities and irrespective of whether or not a fee is charged to spectators.
   

2. 
   All equipment used on a performing animal shall fit properly and be in good working condition.
   

Section 215.055 – Animal Waste

The owner of every animal shall be responsible for the removal of any excreta deposited by his animal on public walks, recreation areas, or private property.

Section 215.060 – Entry on private property by Law Enforcement

1. 
   In the interest of public health, safety and the general welfare, any person keeping or harboring any animal or fowl in the City by so doing does hereby authorized the Chief of Police and/or any duly commissioned police officer of the City, to enter without warrant upon private property that such person owns or controls where such animals or fowl is to be found in plain sight, other than within any residence structure, for the purpose of enforcement of this Chapter and to seize such animal from such private property to abate an ordinance violation.
   

2. 
   By the authority of this Section, any animal that is deemed by the Chief of Police to be cruelly mistreated in violation of this chapter, or suffering, may be seized from the property of its owner or keeper to abate the mistreatment or the suffering of that animal, and it may be confined at a suitable animal shelter for disposition the same as if such animal was found running at large.
   

3. 
   Any animal that has possibly exposed a person to rabies through a bite wound or other tissue invasion and that is found on the property of the owner or keeper may be removed from that property by the Chief of Police or any duly commissioned police officer, if such owner or keeper is not available, willing and able to surrender the animal for observation and testing as provided in this Chapter. It shall be unlawful for an owner to fail to deliver possession of an animal suspected of having bitten or caused a tissue invasion in any person upon request of the Chief of Police or any duly commissioned police officer of the City of Pleasant Hope.
   

4. 
   If the appropriate officer is unable to enforce his duties under this Section as a result of the owner or keeper’s failure to permit entry or other obstructive conduct, such officer may apply to any court having appropriate jurisdiction for a warrant to enter upon any property where the animal is kept and to seize the animal or any purpose authorized herein.
   

Section 215.065 – Human Exposure to Rabies or Other Zoonotic Disease – Animal Bites Generally.

1. 
   Any bite wound exposing an individual to the possibility of rabies or other zoonotic disease (an “incident”) shall be immediately reported to the Chief of Police or any duly commissioned police officers of the City by the victim and by the owner, keeper of the animal if the incident is known to such owner. Any animal bite that requires medical treatment shall be reported within 24 hours to the Chief of Police by the treating physician or hospital caring for the patient. Upon receipt of such information and identification of the animal and its owner that caused the injury, it shall be the duty of the Chief of Police or the designee of either of them to take control of the animal by any means authorized in this Section and to place such animal for observation in a duly licensed veterinary medical facility for such period of time as the veterinarian and/or the treating physician determine is necessary to determine if the animal has rabies or another zoonotic disease. The owner of the animal shall be liable for the costs of such confinement and observation. The death or any suspicious change in the health or behavior of the animal undergoing observation shall be reported to the Chief of Policy, who shall be empowered to authorize tissue samples from the animal to be submitted to an appropriate laboratory for testing. If such tissue samples cannot be obtained from a living animal, the Chief of Police may authorize the animal to be humanely euthanized for the purpose of obtaining such tissue samples. No physician, veterinarian, Chief of Police or duly commissioned police officer of the City shall have any liability for having acted pursuant to the terms of this Section to protect the health and welfare of the injured person by determining if the animal causing such injury suffered from rabies or another zoonotic disease.
   

2. 
   It shall be unlawful for any person to refuse to release an animal suspected of having bitten or caused an open injury to any person, to hide or conceal such animal, or to take such animal from the city limits unless specifically so authorized in writing by the Chief of Police.
   

Section 215.070 – Power to Issue Citations

The Chief of Policy and every commissioned police officer of the City shall be authorized and empowered to issue citations for any alleged violation of the provisions of this Chapter requiring the person charged to appear before the Pleasant Hope Municipal Division of the Circuit Court of Polk County, Missouri to answer such charges.

Section 215.075 – Punishment for Violation

Unless a specific punishment is other provided, any person violating any provision of this Chapter shall, upon conviction, be deemed guilty of a Class B misdemeanor.