 |
 |
| Additional Executive Departments | | Agriculture And Animals | | Alcoholic Beverages | | Business And Financial Institutions | | Cities, Towns And Villages | | Civil Procedure And Limitations | | Codes And Standards | | Conduct Of Public Business | | Conservation, Resources And Development | | Contracts And Contractual Relations | | Corporations, Associations And Partnerships | | Correctional And Penal Institutions | | County, Township And Political Subdivision Government | | Courts | | Crimes And Punishment; Peace Officers And Public Defenders | | Criminal Procedure | | Debtor-creditor Relations | | Domestic Relations | | Education And Libraries | | Evidence And Legal Advertisements | | Executive Branch | | Incorporation And Regulation Of Certain Utilities And Carriers | | Juries | | Labor And Industrial Relations | | Lands, Levees, Drainage, Sewers And Public Water Supply | | Laws And Statutes | | Legislative Branch | | Military Affairs And Police | | Motor Vehicles, Watercraft And Aviation | | Occupations And Professions | | Ownership And Conveyance Of Property | | Public Health And Welfare | | Public Officers And Employees, Bonds And Records | | Public Safety And Morals | | Roads And Waterways | | Sovereignty, Jurisdiction And Emblems | | Statutory Actions And Torts | | Suffrage And Elections | | Taxation And Revenue | | Trade And Commerce | | Trusts And Estates Of Decedents And Persons Under Disability |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Missouri |
|
USA Statutes : missouri
Title : AGRICULTURE AND ANIMALS
Chapter : Chapter 273 Dogs--Cats
|
|
The word "dog", as used in sections 273.010 to 273.030, shall be
held and construed to mean all animals of the canine species, both male
and female. (RSMo 1939 § 14537)
Prior revisions: 1929 § 12863; 1919 § 4353; 1909 § 857
In every case where sheep or other domestic animals are killed
or maimed by dogs, the owner of such animals may recover against the
owner or keeper of such dog or dogs the full amount of damages and the
owner shall forthwith kill such dog or dogs; and for every day he shall
refuse or neglect to do so, after notice, he shall pay and forfeit the
sum of one dollar, and it shall be lawful for any person to kill such dog
or dogs; provided, however, that whenever in any case the facts shall
show that in the worrying or killing, maiming or wounding of any said
sheep or other domestic animals that the same was done by two or more
dogs belonging to different owners, then the plaintiff, the person whose
animals were killed, wounded or maimed, may at his or her election, join
all of the owners of said dogs as joint tort-feasors or may sue each one
separately at his or her election. (RSMo 1939 § 14535)
Prior revisions: 1929 § 12861; 1919 § 4351; 1909 § 855
(1957) Chickens held "animals" within the statute and evidence was
sufficient to support judgment. Tillery v. Cook (A.), 297 S.W.2d 9.
If any person shall discover any dog or dogs in the act of
killing, wounding or chasing sheep in any portion of this state, or shall
discover any dog or dogs under such circumstances as to satisfactorily
show that such dog or dogs has or have been recently engaged in killing
or chasing sheep or other domestic animal or animals, such person is
authorized to immediately pursue and kill such dog or dogs; provided,
however, that such dog or dogs shall not be killed in any enclosure
belonging to or being in lawful possession of the owner of such dog or
dogs. (RSMo 1939 § 14536)
Prior revisions: 1929 § 12862; 1919 § 4352; 1909 § 856
The word "dog", whenever used in sections 273.040 to 273.180
without qualifications, is intended to mean a female as well as a male
dog over six months of age. (RSMo 1939 § 14555)
Prior revision: 1929 § 12878
No dog shall be permitted to be and remain within the limits of
the state unless the owner thereof, or someone for said owner, shall have
caused such dog to be listed and the tax imposed by sections 273.040 to
273.180 to be paid on or before the first day of February of each year
hereafter. (RSMo 1939 § 14546)
Prior revision: 1929 § 12872
CROSS REFERENCE: Dogs, county commission in certain counties may require
licensing, RSMo 322.090 to 322.130
The tax on each male dog and each spayed female dog, of which
the certificate of a veterinarian or the affidavit of the owner is
produced, in this state shall be one dollar per year, and the tax on all
other dogs in this state shall be three dollars per year, payable to the
county clerk of the county in which the owner resides; provided, that any
person or persons operating a licensed kennel of more than ten dogs in
which all dogs kept by him or them are confined and not allowed to roam,
shall pay a tax of ten dollars, which amount shall be the full amount of
tax on all dogs kept by said person or persons as described above. (RSMo
1939 § 14547)
Prior revision: 1929 § 12873
1. County clerks shall issue licenses to applicants and shall
deliver to the applicants a metallic plate having the number
corresponding to that of the license stamped thereon and shall deliver to
such party a certificate from the book furnished to him by the secretary
of state, which said certificates, as well as the margin or part thereof
remaining in the book after cutting out the certificate, shall contain
the number of the license, the year for which the same is granted, the
name and residence of the owner of the dog, and the sex, color and
description of the dog for which the license is paid and the amount of
the tax paid therefor.
2. Such clerk shall retain out of the money received for such license
issued the sum of ten cents, which shall cover all his services under
sections 273.040 to 273.180, and he shall pay the balance and all other
sums received by him under the provisions of sections 273.040 to 273.180,
less the cost of license tags, record books, blank applications and
affidavits and the cost of transmitting the balance to the treasurer of
the county.
3. The treasurer of the county shall set any and all sums so received
apart in a separate fund to be known as a "County Dog License Fund", and
such fund shall be used only for the purpose of compensating persons who
have suffered loss or damage through injury or killing by dogs of any
livestock or poultry owned by them and located in said county at the time
of such injury or killing, in an amount not to exceed the market value
thereof at the time of such injury or killing. The county commission of
each county in this state is authorized to expend and draw county
warrants against such fund only as herein provided; provided, that
sections 273.040 to 273.180 shall not be construed to prevent suits at
law for damages caused to livestock or poultry by dogs. (RSMo 1939 §
14548)
Prior revision: 1929 § 12874
It shall be the duty of the owner of every listed dog to put
around the neck of such dog a collar to which shall be attached with a
metallic fastening the metallic plate aforesaid. (RSMo 1939 § 14552)
Prior revision: 1929 § 12875
The secretary of state shall annually procure such number of
metallic plates as may be required, of convenient size and shape, or
design to be changed each year, and having cast thereon in raised
letters, "S.L.T." and the figures indicating the year for which the tax
has been paid; and he shall also cause to be prepared printed blanks
bound in book form, and arranged in such manner that one certificate can
be cut off and a stub or duplicate thereof left in the book; and the
secretary of state, on or before the first day of July in each year, or
as soon thereafter as may be possible, shall deliver to the clerk of each
county in the state the metallic plates and also an equal number of blank
certificates with stubs or duplicates, signed by the secretary of state,
and each such clerk shall remit to the division of taxation and
collection of the department of revenue out of the funds collected the
cost of such license tags, record books, and the expense of transmitting
the same as shall be certified to such clerk by the secretary of state.
(RSMo 1939 § 14553, A. 1949 S.B. 1097)
Prior revision: 1929 § 12876
1. Every city or town marshal of every incorporated city or town
in this state, within their jurisdiction, shall take up and impound in a
suitable place, the location of which place shall be given by a notice
posted in some conspicuous place in his office, all dogs found running at
large in their respective cities or towns without collars around their
necks, marked as herein provided, and they shall keep such dogs for a
period of one week, and at the expiration of such period shall put such
dogs to death by humane methods.
2. The owner of any such impounded dogs, upon the payment of the tax
herein provided, and a redemption fee of five dollars, may redeem such
impounded dog and the city or town marshal shall be permitted to retain
the sum of two dollars out of each redemption fee so paid, and shall pay
over the balance of the fee on the first day of each month to the
treasurer of the county in which the city or town marshal has
jurisdiction, to be accounted for by the treasurers in the same manner as
they are required by sections 273.040 to 273.180, to account for licenses
taxes.
3. Any marshal who shall fail or refuse to take up and impound any such
dog shall be guilty of a misdemeanor and on conviction thereof fined not
less than five dollars nor more than twenty-five dollars. (RSMo 1939 §
14554, A. 1949 S.B. 1097)
Prior revision: 1929 § 12877
1. No owner or custodian of livestock or poultry which has been
injured or killed by dogs shall be entitled to receive any portion of the
county dog license fund unless within ten days after suffering such loss
or damage he, with two other credible residents of the county, not kin to
him by blood or marriage or not in his employ, make written application
supported by affidavit to the county clerk on blanks furnished by the
county clerk, stating:
(1) That he is a resident of the state of Missouri, and that he has
resided in such county for more than thirty days immediately preceding
the date of the injury or killing of his livestock or poultry;
(2) That he was the owner or custodian on such date of such livestock or
poultry;
(3) The legal description of the premises on which such livestock or
poultry was injured or killed;
(4) A complete description as to the number, weight and color of such
livestock or poultry;
(5) The market value thereof on the date of such injury or killing.
2. The county clerk shall file all such applications and affidavits so
received by him to be examined and passed upon by the county commission,
except that no claim shall be considered or paid for the destruction of
livestock or poultry by a dog or dogs belonging to the owner of such
livestock or poultry. (RSMo 1939 § 14549, A.L. 1990 H.B. 1070)
The county commission shall between the first and fifteenth days
of March of each year hereafter meet in session to consider and examine
said applications and affidavits covering losses over a period of one
year, which said year shall be from the first of March of the year prior
to the meeting of said commission to the last day of February of the same
year on which it meets. The commission shall examine carefully each
application and affidavit which has been filed before the first day of
March, and after hearing all evidence in the matter shall pass such
judgment as the commission may deem equitable. Whenever the county
commission meets pursuant to the provisions of sections 273.040 to
273.180 each member shall receive his mileage and per diem out of the
county dog license fund. (RSMo 1939 § 14550)
A complete record shall be kept of the commission's proceedings,
including the names of the applicants and cosigners and the amount paid
to each applicant, and the number of livestock or poultry injured or
killed. The commission shall on or before the twentieth day of March of
each year give to the applicant a warrant, drawn on the county dog
license fund, covering the amount of his losses found by the commission.
If there is not sufficient money in the fund to pay all allowed claims in
full then said warrant shall be for his pro rata share of the money
available. (RSMo 1939 § 14551)
Every owner of a dog and every person who shall suffer or permit
a dog to remain upon such premises under his immediate control without
having caused such dog to be listed and the tax thereon to be paid as
provided for by sections 273.040 to 273.180 shall be guilty of a
misdemeanor, and on conviction thereof fined not less than five dollars
nor more than twenty-five dollars; provided, that none of the provisions
of sections 273.040 to 273.180 shall apply to cities which now have or
may hereafter have a population of three hundred thousand inhabitants or
more. (RSMo 1939 § 14557)
Prior revision: 1929 § 12880
The assessor for taxation purposes in each county and city of
this state, annually at the time of assessing property as required by
law, shall make diligent inquiry as to the number of dogs owned,
harbored, or kept by any person so assessed. The assessor, on or before
the thirty-first day of December of each year, shall make a complete
report, on a blank form furnished by the county clerk or license
collector, setting forth the name of every owner of any dog or dogs, how
many of each sex are by him owned, or harbored, and if a kennel is
maintained by any person such fact shall also be stated. The assessor, at
the time of making the assessment, shall notify the owner of such dog
that he must obtain a license for such dog as herein provided; but the
neglect or failure so to notify such owner shall not relieve the owner
from his duty to obtain such license. (RSMo 1939 § 14558, A. 1949 S.B.
1097)
Prior revision: 1929 § 12881
1. Upon the filing of a petition signed by one hundred or more
voters of any county and presented to the county commission at any
regular or special session thereof the county commission shall order the
question, as to whether or not there should be adopted the law creating a
license tax on dogs, submitted to the voters, to be voted upon at the
next election.
2. The question shall be submitted in substantially the following form:
Shall there be a license tax on dogs?
3. If the majority of the votes cast upon the question be in favor of the
license tax on dogs, the county commission shall enter the result of the
submission of the question upon its records and give notice thereof by
publication in some newspaper printed and published in such county and
such law shall become operative from the time such publication is made.
(RSMo 1939 § 14558, A. 1949 S.B. 1097, A.L. 1978 H.B. 971)
Prior revision: 1929 § 12881
1. Upon the filing of a petition signed by one hundred or more
voters of any county and presented to the county commission at any
regular or special session thereof, it shall be the duty of the county
commission to order the question, as to whether or not there should be
repealed the law, creating a license tax on dogs, submitted to the
voters, to be voted upon at the next election. Upon the receiving of such
petition, it shall be the duty of the county commission to make an order
as herein recited.
2. The question shall be submitted in substantially the following form:
Shall the license tax on dogs be repealed?
3. If the majority of the votes cast upon the subject be in favor of
repealing the license tax on dogs, the county commission shall spread the
result of the submission of the question upon its records and give notice
thereof by publication in some newspaper printed and published in such
county and the law providing for a license tax on dogs shall not be
operative in such county from the time such publication is made. (L. 1941
p. 345 § 14558a, A.L. 1978 H.B. 971)
1. Sections 273.325 to 273.357 shall be known as the "Animal
Care Facilities Act".
2. As used in sections 273.325 to 273.357, the following terms mean:
(1) "Adequate food", the provision, at suitable intervals of not more
than twelve hours, unless the dietary requirements of the species require
a longer interval, of a quantity of wholesome foodstuff, suitable for the
species and age, sufficient to maintain a reasonable level of nutrition
in each animal, all of which foodstuff is served in a safe receptacle,
dish, or container;
(2) "Adequate housing", the continuous provision of a sanitary facility,
protection from the extremes of weather conditions, proper ventilation,
and appropriate space depending on the species of animal, as defined by
regulations of the USDA, as revised;
(3) "Adequate water", the provision, either continuously or at intervals
suitable to the species, which intervals shall not exceed eight hours, of
a supply of potable water in a safe receptacle, dish, or container;
(4) "Animal", any dog or cat, which is being used, or is intended for
use, for research, teaching, testing, breeding, or exhibition purposes,
or as a pet;
(5) "Animal shelter", a facility which is used to house or contain
animals, which is owned, operated, or maintained by an 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 such animals, or a person
whose primary purpose is to act as an animal rescue, to collect and care
for unwanted animals or to offer them for adoption;
(6) "Animal welfare official", any licensed veterinarian, designated by
and under the supervision of the state veterinarian, who administers or
assists in the administration of the provisions of sections 273.325 to
273.357, or any appointee of the director, and shall include all deputy
state veterinarians;
(7) "Boarding kennel", a place or establishment, other than a pound or
animal shelter, where animals, not owned by the proprietor, are
sheltered, fed, and watered in return for a consideration; however,
"boarding kennel" shall not include hobby or show breeders who board
intact females for a period of time for the sole purpose of breeding such
intact females, and shall not include individuals who temporarily, and
not in the normal course of business, board or care for animals owned by
other individuals;
(8) "Commercial breeder", a person, other than a hobby or show breeder,
engaged in the business of breeding animals for sale or for exchange in
return for a consideration, and who harbors more than three intact
females for the primary purpose of breeding animals for sale;
(9) "Commercial kennel", a kennel which performs grooming or training
services for animals, and may or may not render boarding services in
return for a consideration;
(10) "Contract kennel", any facility operated by any person or entity
other than the state or any political subdivision of the state, for the
purpose of impounding or harboring seized, stray, homeless, abandoned or
unwanted animals, on behalf of and pursuant to a contract with the state
or any political subdivision;
(11) "Dealer", any person who is engaged in the business of buying for
resale, selling or exchanging animals, as a principal or agent, or who
holds himself out to be so engaged or is otherwise classified as a dealer
by the USDA as defined by regulations of the USDA;
(12) "Director", the director of the department of agriculture of the
state of Missouri;
(13) "Hobby or show breeder", a noncommercial breeder who breeds dogs or
cats with the primary purpose of exhibiting or showing dogs or cats,
improving the breed or selling the dogs or cats, and having no more than
ten intact females. Such breeder shall be classified as a hobby or show
breeder if such person only sells animals to other breeders or to
individuals;
(14) "Humane euthanasia", the act or practice of putting an animal to
death in a humane or instantaneous manner under guidelines and procedures
established by rules promulgated by the director;
(15) "Intact female", with respect to a dog, refers to a female dog
between the ages of six months and ten years of age which is capable of
being bred; and with respect to a cat, refers to a female cat between the
ages of six months and eight years which is capable of being bred;
(16) "Pet shop", any facility where animals are bought, sold, exchanged,
or offered for retail sale to the general public;
(17) "Pound" or "dog pound", a facility operated by the state or any
political subdivision of the state for the purpose of impounding or
harboring seized, stray, homeless, abandoned, or unwanted animals;
(18) "State veterinarian", the state veterinarian as provided by chapter
267, RSMo;
(19) "USDA", the United States Department of Agriculture. (L. 1992 S.B.
636 § 1)
No person shall operate an animal shelter, pound or dog pound,
boarding kennel, commercial kennel, contract kennel, pet shop, or
exhibition facility, other than a limited show or exhibit, or act as a
dealer or commercial breeder, unless he has obtained a license for such
operations from the director. An applicant shall obtain a separate
license for each separate physical facility subject to sections 273.325
to 273.357 which is operated by the applicant. Any person exempt from the
licensing requirements of sections 273.325 to 273.357 may voluntarily
apply for a license. Application for such license shall be made in the
manner provided by the director. The license shall expire annually unless
revoked. As provided by rules to be promulgated by the director, the
license fee shall range from one hundred to five hundred dollars per
year. Pounds, dog pounds and animal shelters shall be exempt from payment
of such fee. License fees shall be levied for each license issued or
renewed on or after January 1, 1993. (L. 1992 S.B. 636 § 2 subsec. 1)
1. The director may refuse to issue or renew or may revoke a
license on any one or more of the following grounds:
(1) Material and deliberate misstatement in the application for any
original license or for any renewal license under sections 273.325 to
273.357;
(2) Disregard or violation of sections 273.325 to 273.357 or of any rules
promulgated pursuant thereto;
(3) Conviction of any violation of any state or federal law relating to
the disposition or treatment of animals;
(4) Failure to provide adequate food, water, housing or sanitary
facilities for animals under the control of an animal shelter, boarding
kennel, commercial breeder, commercial kennel, contract kennel, dealer,
pet shop, pound, or exhibitor as defined by regulations of the USDA.
2. Operation of an animal shelter, pound or dog pound, boarding kennel,
commercial kennel, contract kennel, pet shop, or exhibition facility, or
activity as a commercial breeder or dealer without a valid license shall
constitute a class A misdemeanor. (L. 1992 S.B. 636 § 2 subsecs. 2, 3)
A license shall be issued only upon inspection by the state
veterinarian, his designee, or an animal welfare official. A facility
subject to the provisions of sections 273.325 to 273.357, at the time it
applies for licensure, shall be granted a provisional license which shall
allow operation of the facility until the facility is inspected or until
December 31, 1994, whichever earlier occurs. The state veterinarian shall
have the duty and authority to inspect all facilities licensed under
sections 273.325 to 273.357. Inspections shall be conducted a minimum of
once a year, or upon a complaint to the department regarding a particular
facility. The validity of the complaint will be ascertained by the state
veterinarian or his designated representative. (L. 1992 S.B. 636 § 2
subsec. 4)
The state veterinarian or an animal welfare official, upon his
own information or upon the complaint of any person, may institute an
investigation including the inspection during normal business hours of
any premises or vehicle upon which any animal is or may be found, and may
determine if any violation of sections 273.325 to 273.357 or of any rule
promulgated pursuant to sections 273.325 to 273.357 is deemed to exist.
The director, or his designee, may issue an order to the person
responsible for the violation to appear at an administrative hearing. The
director, or his designee, upon a finding that such a violation occurred
after a hearing thereon, shall issue remedial orders enforceable in the
circuit courts of this state to correct such violations, and in addition
may assess an administrative penalty in an amount not to exceed one
thousand dollars for each violation. In assessing the amount of penalty
under sections 273.327 to 273.342, the director shall take into account
the seriousness of the violation and the extent of damage to third
parties and the state. All penalties collected shall be deposited to the
state general revenue fund. In addition, the director may assess the
reasonable costs of remedying a violation in the event that the person
responsible is unwilling or unable to correct the violation within a
reasonable period of time. Any person aggrieved by the decision of the
director may appeal as provided in sections 536.100 to 536.140, RSMo. (L.
1992 S.B. 636 § 2 subsec. 5)
When, in the judgment of the state veterinarian or an animal
welfare official, any person has been in violation of sections 273.325 to
273.357 so as to pose a substantial ongoing risk to the health and
welfare of animals in his custody or so as to pose a substantial ongoing
risk that consumers will purchase diseased animals from such person, the
director may apply to the circuit court of the county in which such
person resides, and such court may grant an order enjoining temporarily
or permanently that person from engaging in activities described in
section 273.327. If the animals being held in any of the facilities
licensed under sections 273.325 to 273.357 are found to be suffering
unrelieved pain or distress or disease, the animals may be taken into
custody for humane euthanasia at the expense of the licensee. Reasonable
effort shall be made to notify the facility operator of such intent and
only upon his refusal or inability to immediately correct the causative
violation and provide adequate veterinary care shall such action be
taken. Nothing in sections 273.325 to 273.357 shall be construed to
interfere with scientific research as enunciated in subsection 2 of
section 273.354. (L. 1992 S.B. 636 § 2 subsec. 6)
Persons and facilities which subsequently fail two consecutive
reinspections for an original violation shall be charged a fee of one
hundred dollars, which shall be paid before subsequent inspection and
renewal of such person's or facility's license. (L. 1992 S.B. 636 § 2
subsec. 7)
A dealer shall only purchase animals from persons in this state
who are licensed under sections 273.325 to 273.357, or who are exempt
from licensure. Any dealer who knowingly purchases animals in violation
of this section shall be guilty of a class A misdemeanor and each
purchase made shall constitute a separate offense. In addition to such
penalties, the director may revoke such dealer's license. (L. 1992 S.B.
636 § 2 subsec. 8)
1. Persons engaged in breeding dogs and cats who harbor three or
less intact females shall be exempt from the provisions of sections
273.325 to 273.357.
2. A hobby or show breeder shall be exempt from the licensure and
inspection requirements of sections 273.325 to 273.357. The director
shall develop a form for registration of persons who meet the definition
of hobby or show breeder, and any such hobby or show breeder shall
register annually with the director for the purpose of establishing that
such person is a hobby or show breeder, at no cost to said hobby or show
breeder. (L. 1992 S.B. 636 § 2 subsecs. 9, 10)
1. Persons and facilities subject to USDA licensure shall comply
with the standards and regulations as prescribed by the USDA, as revised
from time to time.
2. Persons and facilities who are subject to sections 273.325 to 273.357,
but who are not subject to USDA licensure, shall comply with rules
promulgated by the director which establish standards relating to the
following:
(1) Adequate shelter, including proper conditions of sanitation and
ventilation;
(2) Adequate food and water; and
(3) Maintenance of records of acquisition and disposition of animals in
the custody of the licensee. (L. 1992 S.B. 636 § 3 subsecs. 1, 2)
1. The director shall promulgate rules for an adequate program
of health and veterinary care which shall be maintained for all animals
in the custody of persons and facilities subject to licensure pursuant to
sections 273.325 to 273.357, except pounds or dog pounds. Records of
veterinary services provided to such animals shall be maintained and made
available to the state veterinarian or an animal welfare official upon
request.
2. Any such rules promulgated to cover pounds or dog pounds shall not
require or be applied so as to require the construction of any new
buildings or major reconstruction of any physical plant beyond the scope
of normal upkeep and repair. (L. 1992 S.B. 636 § 3 subsecs. 3, 4)
1. The premises of each licensee shall be open for inspection.
2. If, upon investigation, the state veterinarian or an animal welfare
official finds that an animal or group of animals is suffering from any
highly contagious, communicable or infectious disease or exposure
thereto, against which he may think best to quarantine, he shall
immediately quarantine the animal or group of animals to the premises and
separate from other susceptible animals not so diseased or infected until
such diseased animals are:
(1) Recovered and no longer capable of transmitting the diseases;
(2) Isolated;
(3) Humanely euthanized and disposed of as provided for in the rules of
the director;
(4) Tested, vaccinated or otherwise treated; or
(5) Otherwise released by the state veterinarian. Animals under
quarantine and treatment or testing may not be removed from the premises
until the licensee is notified that such animals are recovered and
incapable of spreading the disease and otherwise released by the state
veterinarian or an animal welfare official. The method of eliminating the
disease problem shall be at the discretion and in accordance with such
procedures as may be outlined by the state veterinarian.
3. Violation of the provisions of sections 273.344 to 273.348 shall be a
class A misdemeanor. (L. 1992 S.B. 636 § 3 subsecs. 5, 6, 7)
The director shall promulgate rules pursuant to the provisions
of chapter 536, RSMo, required to implement the provisions of sections
273.325 to 273.357. Such rules shall include establishing health and
safety standards for motor vehicles regularly used in the commercial
transportation of live animals. The director shall also by rule define
the term "exotic animals", which shall generally refer to canines and
felines not ordinarily kept for domestic purposes, and shall promulgate
rules establishing standards for food, water, housing and health care for
exotic animals and standards for determining whether a particular
operation is a farming practice or is a breeder of pets; provided that
the authority of the department of conservation to regulate wildlife
within the state of Missouri as provided by section 252.030, RSMo, shall
not be deprived or diminished. Any animal welfare official shall have the
authority of an animal control officer as defined by chapter 578, RSMo.
It shall be unlawful for any person licensed or registered pursuant to
sections 273.325 to 273.357 to knowingly ship a diseased animal, and any
such person who violates this provision shall be subject to a fine of not
more than one hundred dollars for each diseased animal shipped. Sections
273.325 to 273.357 and the rules promulgated thereunder shall apply to
all businesses, individuals and agents which transport animals in or
through this state, except that such businesses, individuals and agents
licensed by the USDA shall be subject to USDA standards relating to
transportation of animals. (L. 1992 S.B. 636 § 4 subsec. 1)
1. There is hereby established an advisory committee to assist
the director in establishing rules under sections 273.350 and 273.352 and
to provide ongoing review of the administration of sections 273.325 to
273.357. The members of the advisory committee shall receive no
compensation or reimbursement for their expenses incurred in the
performance of their duties. The advisory committee shall consist of
thirteen persons appointed by the director as follows:
(1) One person who operates or supervises an animal shelter;
(2) One person who operates or is employed by a pound or dog pound;
(3) One person who operates a commercial kennel or a boarding kennel;
(4) One person who operates a pet shop and who sells both dogs and cats;
(5) One dealer;
(6) One person who operates or is employed by an animal humane society or
other humane organization;
(7) One veterinarian licensed pursuant to chapter 340, RSMo;
(8) One person who is a commercial animal breeder, who breeds both dogs
and cats;
(9) One person representing the Missouri Animal Control Association;
(10) One person representing professional cat breeders;
(11) The state veterinarian of the department of agriculture;
(12) The state public health veterinarian of the department of health and
senior services;
(13) One hobby or show breeder.
2. No rule or portion of a rule promulgated under the authority of this
chapter shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (L. 1992 S.B. 636 § 4 subsecs. 2
to 6, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
1. Sections 273.325 to 273.357 shall not apply to a place or
establishment which operates under the immediate supervision and control
of a duly licensed veterinarian as a facility where animals are
hospitalized or boarded.
2. Nothing in sections 273.325 to 273.357 shall be construed as requiring
licensing of research facilities or authorizing promulgation of rules
affecting the design, outlines, guidelines, or performance of actual
research or experimentation by a research facility as determined by that
research facility's institution animal care and use committee. (L. 1992
S.B. 636 § 5)
All fees collected by the director from licenses issued under
sections 273.325 to 273.357 shall be used to administer the provisions of
sections 273.325 to 273.357, and shall be deposited in the state treasury
to the credit of the "Animal Care Reserve Fund", which is hereby created.
All moneys deposited in the animal care reserve fund shall be subject to
appropriation for the use and benefit of the department of agriculture to
administer the provisions of sections 273.325 to 273.357. Notwithstanding
the provisions of section 33.080, RSMo, to the contrary, moneys in the
animal care reserve fund shall not be transferred to the general revenue
fund at the end of the biennium. (L. 1992 S.B. 636 § 6)
As used in sections 273.400 to 273.405, the following words mean:
(1) "Adopter", a person who is legally competent to enter into a contract
and who is adopting or buying a dog or cat from a releasing agency;
(2) "Adult animal", any dog or cat that has reached the age of one
hundred eighty days or six months or more;
(3) "Releasing agency", an animal pound, shelter, humane organization, or
animal control agency, whether public or private, but not including an
individual who occasionally renders humane assistance or shelter in his*
home to a dog or cat;
(4) "Sterilization", the surgical removal of the reproductive organs of a
dog or cat in order to render the animal unable to reproduce, or the use
of an approved serum which will permanently render the animal unable to
reproduce. (L. 1992 S.B. 636 § 7)
*Word "their" appears in original rolls.
1. Provisions shall be made for the sterilization of all dogs
and cats sold or released for adoption or purchased from any public or
private animal shelter or animal control agency operated by a humane
society, or by a county or city, or other political subdivision. Such
provisions may be made by:
(1) Providing for sterilization by a licensed veterinarian before
relinquishing custody of the animal; or
(2) Entering into a written agreement with the adopter or purchaser
guaranteeing that sterilization will be performed by a licensed
veterinarian, in compliance with a sterilization agreement which shall
contain the following information:
(a) The date of the agreement;
(b) The name, address, and signature of the releasing agency and the
adopter;
(c) A description of the animal to be adopted;
(d) A statement printed in conspicuous bold print that sterilization of
the animal is required pursuant to sections 273.400 to 273.405;
(e) A sterilization completion date which shall be either:
a. The thirtieth day after the date of adoption in the case of an adult
animal; or
b. The thirtieth day after a specified date estimated to be the date an
adopted infant female or male puppy or kitten becomes six months of age;
or
c. If the releasing agency has a written policy recommending
sterilization of certain infant animals at an earlier date, the thirtieth
day after the date contained in* the written policy.
2. An adopter that signs a sterilization agreement shall have the adopted
animal sterilized on or before the sterilization date stated in the
agreement. If the sterilization completion date stated in the agreement
falls on a Saturday, Sunday, or legal holiday, the deadline may be
extended to the first day that is not a Saturday, Sunday or legal
holiday. The releasing agency may extend the deadline for thirty days on
the presentation of a letter or telephone report from a licensed
veterinarian stating that the life or health of the adopted animal may be
jeopardized by sterilization. There shall be no limit to the number of
extensions that may be granted for this reason. (L. 1992 S.B. 636 § 8)
*Word "after" appears in original rolls.
1. Each releasing agency shall agree to give title, possession,
and control of the animal so long as the adopter complies with the terms
and conditions of the adoption agreement.
2. The releasing agency shall consider the animal sterilized upon receipt
of written confirmation signed by the licensed veterinarian who performed
the sterilization.
3. Exceptions to the sterilization requirements of sections 273.400 to
273.405 shall not apply to a dog or cat that is claimed from a releasing
agency by a person who already owns the animal. This subsection shall not
apply to a releasing agency located in a political subdivision that has
in effect an ordinance providing standards for dog and cat sterilization
that exceed the requirements of sections 273.400 to 273.405.
4. All costs of sterilization pursuant to sections 273.400 to 273.405
shall be paid by the prospective adopter or purchaser, unless otherwise
provided.
5. The requirements of sections 273.400 to 273.405 shall not apply to
canines of a breed regularly used for lawful hunting or livestock
production or management, as specified by rules of the department, to be
used in the practice of livestock production or management or the
practice of lawful hunting. The adopter may sign a statement that states
he is* going to use the canines for such purposes in lieu of the
sterilization agreement. (L. 1992 S.B. 636 § 9)
*Words "they are" appear in original rolls.
|
|
|
|
