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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : PUBLIC SAFETY AND MORALS
Chapter : Chapter 322 Protection Against Rabies
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For the purpose of sections 322.010 to 322.145, the following
words and following phrases shall be considered and held to mean the
following:
(1) "Affected with rabies", infected with the rabies virus as determined
by standard laboratory testing;
(2) "Exposed to rabies", when bitten by, or fought with, or has come in
close contact with a dog or other animal shown to be infected with the
rabies virus as determined by standard laboratory testing;
(3) "Immunized", immunized against rabies at the expense of the owner or
custodian by the administration of antirabic virus by a licensed
veterinarian;
(4) "Rabies", hydrophobia; and
(5) "Zoonotic disease", a dangerous disease communicable from animals to
humans as determined by the department of health and senior services.
(RSMo 1939 § 14539, repealed L. 1953 p. 662 § A, again enacted L. 1955 p.
754, A.L. 2001 S.B. 462)
Prior revision: 1929 § 12865
No dogs affected with rabies, commonly called mad dogs, nor dogs
exposed to rabies, shall be allowed to run at large in any city, town,
village, township or school district within this state. (RSMo 1939 §
14538, repealed L. 1953 p. 662 § A, again enacted L. 1955 p. 754)
Prior revision: 1929 § 12864
Whenever any dog has been bitten by, fought with, or has been
substantially exposed to any dog affected with rabies, it shall be the
duty of the owner, or person in charge thereof, forthwith to kill such
exposed dog or have it immunized against rabies at the owner's or
custodian's expense, by the administration of antirabic virus by a
licensed veterinarian. (RSMo 1939 § 14540, repealed L. 1953 p. 662 § A,
again enacted L. 1955 p. 754)
Prior revision: 1929 § 12866
Whenever rabies becomes prevalent in any city, town or village
in this state, the mayor of such city, town or village 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 such
city, town or village, to either kill or impound his 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 such city or town; and in
the absence of such paper, shall be posted as in case of sales of
personal property. The mayor of such city, town or village is authorized
by proclamation, to terminate any such quarantine whenever, in his
judgment, the necessity for it no longer exists. (RSMo 1939 § 14541,
repealed L. 1953 p. 662 § A, again enacted L. 1955 p. 754)
Prior revision: 1929 § 12867
Whenever rabies becomes prevalent in any county, township, or
school district in this state, outside of any city, town or village in
such county, it shall be the duty of the county commission or, when the
commission is not in session, the presiding commissioner of the
commission, to take cognizance thereof. The county commission, or when
the commission is not in session the presiding commissioner thereof, is
empowered and ordered to issue a quarantine order on any county,
township, or school district, according to the necessity of the case,
that each and every owner or person in charge of any dog or dogs, in the
territory affected, shall either kill or impound every dog owned, or for
the time possessed by him, or have such dog or dogs immunized. Said order
shall be published as provided in section 322.040. Such county commission
or presiding commissioner thereof is authorized by order to terminate any
such quarantine whenever, in the judgment of the commission or presiding
commissioner, the necessity for it no longer exists. (RSMo 1939 § 14542,
repealed L. 1953 p. 662 § A, again enacted L. 1955 p. 754)
Prior revision: 1929 § 12868
Whenever any quarantine order is issued as provided in section
322.040 or section 322.050 it shall be the duty of all police officers,
and town marshals and constables, in their respective jurisdictions, and
within the jurisdiction of such quarantine, to kill all dogs found
running at large, except those which have been immunized. (RSMo 1939 §
14543, repealed L. 1953 p. 662 § A, again enacted L. 1955 p. 754) Prior
revision: 1929 § 12869
All expenses of such quarantine shall be paid out of the
treasury of such city, town or village, or of the county, township or
school district, as the case may be, and for the performance of their
respective duties, the police officers, town marshals and constables,
respectively, shall receive such fees and mileage as is provided by law
for the performance of their other like duties. (RSMo 1939 § 14544,
repealed L. 1953 p. 662 § A, again enacted L. 1955 p. 754)
Prior revision: 1929 § 12870
Any person, firm or corporation owning or having in his or their
charge, any dog or dogs which have had any substantial exposure to
rabies, shall upon failure to kill such dog or dogs, or to keep such dog
or dogs impounded, or to have such dog or dogs immunized, be guilty of a
misdemeanor; and, upon conviction thereof, shall be fined not less than
one hundred dollars nor more than five hundred dollars, and such owner or
person in charge of such exposed dogs shall be liable for all damages
that may result from the actions of any such exposed dogs. (RSMo 1939 §
14545, repealed L. 1953 p. 662 § A, again enacted L. 1955 p. 754)
Prior revision: 1929 § 12871
For the purpose of promoting the public health and safety and to
prevent the transmission of rabies and to control rabies and to carry
into effect the purposes and provisions of sections 322.090 to 322.130,
the county commission is hereby empowered to adopt by order, rules and
regulations which shall include provisions for licensing, catching,
impounding, confinement, redemption and isolation and destruction of
dogs; impounding, isolation and destruction of other domestic animals
exposed to or infected with rabies; reporting of animals affected with,
or suspected of having rabies, or suspected of having been exposed to
rabies, or known or suspected of having bitten or attacked a person;
confinement, impounding and destruction of dogs displaying vicious
propensities; declaration of a quarantine and terms of the quarantine for
any portion of such county affected by a rabies epidemic, pursuant to the
recommendation of the county health commissioner; the establishment of a
schedule of fees and the method for the collection thereof from the
licensing, redemption, isolation or confinement and destruction of dogs
and other special services for the control of rabies. The county
commission shall establish, maintain and operate a county dog pound and
shall provide the necessary personnel and facilities to operate the same
and shall provide appropriate motor conveyances for the capture of stray
or rabid dogs and provide all the facilities necessary to carry into
effect the regulations adopted under the provisions of sections 322.090
to 322.130 and shall be authorized to expend county funds for the
purposes aforesaid; and shall have authority to contract with any city,
town or village within any such county for any of the services,
facilities or functions created and established under sections 322.090 to
322.130. (L. 1943 p. 327 § 2)
The county health commissioner shall prepare the regulations
authorized to be adopted under the provisions of sections 322.090 to
322.130 and shall, before submitting the same to the county commission
for adoption, hold at least one public hearing thereon, fifteen days'
notice of the time and place of which shall be published in at least one
newspaper having general circulation within the county and notice of such
hearing shall also be posted at least fifteen days in advance thereof in
four conspicuous places in the county. (L. 1943 p. 327 § 3)
The provisions of sections 322.090 to 322.130 and the
regulations adopted thereunder shall not be applicable within the limits
of any municipality which has adopted or which shall hereafter adopt by
ordinance a system of rabies control conforming to and not in conflict
with the regulations adopted hereunder; provided, however, that any
municipality located in any county subject to sections 322.090 to 322.130
shall have the power to contract for the use of the rabies control
facilities maintained by the county. (L. 1943 p. 327 § 4)
Except as otherwise provided by law, the provisions of sections
322.090 to 322.130 shall be applicable to all counties of class one and
counties of class two which adjoin a county of the first class having a
charter form of government or which are south of the Missouri River and
border another second class county with a population of one hundred
thousand or more inhabitants. (L. 1943 p. 327 § 1, A.L. 1945 p. 106, A.L.
1965 p. 515, A.L. 1971 H.B. 254, A.L. 1988 H.B. 1111)
1. The county commission of any county of the second class
containing all or part of a city having a population of four hundred
fifty thousand or more, and the county commission of any such county
which becomes a county of the first class without a charter form of
government after September 28, 1971, may, in order to promote public
health and safety, adopt by order rules and regulations for the
licensing, catching, impounding, confinement, redemption, quarantine,
isolation and destruction of dogs in areas within the county outside of
incorporated municipalities. Such rules and regulations shall be
administered by the county board of health center trustees and the county
board of health center trustees is specifically empowered to carry out
the provisions of sections 322.120 and 322.125.
2. The commission shall adopt a schedule of fees and a method of
collecting them if licensing is required. The county board of health
center trustees may maintain and operate a dog pound and may provide for
the employment of necessary personnel and the purchase of necessary
equipment to operate the pound. The commission may provide that owners of
dogs impounded by the county board of health center trustees shall be
responsible for the costs of keeping those animals. (L. 1971 H.B. 254)
Any person who shall violate any of the regulations adopted
under the provisions of sections 322.090 to 322.130 shall be deemed
guilty of a misdemeanor and upon conviction shall be punished by a fine
of not less than ten dollars nor more than five hundred dollars. (L. 1943
p. 327 § 5)
1. If a county does not adopt rules and regulations pursuant to
sections 322.090 to 322.130, whenever an animal bites or otherwise
possibly transmits rabies or any zoonotic disease, the incident shall be
immediately reported to the county health department. The county health
department shall immediately report the incident to the department of
health and senior services and shall cooperate fully with the department
of health and senior services in its investigation.
2. Upon receipt of an incident report where an animal bites or otherwise
possibly transmits rabies or any zoonotic disease, the department of
health and senior services shall investigate the incident and shall have
discretion to order the animal quarantined, isolated, impounded, tested,
immunized or disposed of to prevent and control rabies or zoonotic
disease.
3. With regard to exposure to rabies or zoonotic disease the department
of health and senior services shall, in its investigation and issuance of
its order, consider the following:
(1) Prior vaccinations for rabies or zoonotic disease;
(2) The degree of exposure to rabies or zoonotic disease;
(3) The history and prior behavior of the animal prior to exposure;
(4) The availability and effectiveness of human postexposure immunization
for rabies or zoonotic disease;
(5) The willingness of the individual so exposed to submit to
postexposure immunization for rabies or zoonotic disease; and
(6) Any other relevant information.
4. It shall be unlawful for the owner of an animal that bites or
otherwise possibly transmits rabies or any zoonotic disease to knowingly
fail or refuse to comply with a lawful order of the department of health
and senior services declaring a quarantine, isolation, impounding,
testing, immunization or disposal of an animal. It shall also be unlawful
for an owner of an animal that bites or otherwise possibly transmits
rabies or any zoonotic disease to sell, give away, transfer, transport to
another area or otherwise dispose of an animal until the animal has been
released by the department of health and senior services. A violation of
this subsection shall be a class A misdemeanor.
5. The owner of an animal that bites or otherwise possibly transmits
rabies or any zoonotic disease shall be responsible for all costs
associated with the incident, including:
(1) The cost to test the animal for rabies or zoonotic disease;
(2) The cost to test the exposed person for rabies or zoonotic disease;
and
(3) The cost to treat the person exposed to rabies or zoonotic disease.
6. The department of health and senior services shall have authority to
promulgate rules and regulations concerning the classification of disease
as a zoonotic disease. Any rule or portion of a rule, as that term is
defined in section 536.010, RSMo, that is created under the authority
delegated in this section shall become effective only if it complies with
and is subject to all of the provisions of chapter 536, RSMo, and, if
applicable, section 536.028, RSMo. This section and chapter 536, RSMo,
are nonseverable and if any of the powers vested with the general
assembly pursuant to chapter 536, RSMo, to review, to delay the effective
date or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and any rule
proposed or adopted after August 28, 2001, shall be invalid and void. (L.
2001 S.B. 462)
The owner of an animal that bites or otherwise possibly
transmitted rabies or any zoonotic disease shall be liable to an injured
party for all damages done by the animal. (L. 2001 S.B. 462)
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