TITLE II. PUBLIC HEALTH, SAFETY AND WELFARE
CHAPTER 200: POLICE DEPARTMENT AND FIRE DEPARTMENT
ARTICLE I. POLICE DEPARTMENT
SECTION 200.010: SIZE OF POLICE FORCE─POWERS
The Police of the City may be appointed in such numbers, for such times and in such manner as may be prescribed by ordinance. They shall have power to serve and execute all warrants, subpoenas, writs or other process, and to make arrests in the same manner as the Chief of Police. They may exercise such powers in areas leased or owned by the municipality outside of the boundaries of such municipality. The Chief of Police and Policemen shall be conservators of the peace, and shall be active and vigilant in the preservation of good order within the City. (Ord. No. 850 §§1─3, 5-13-03)
Editor's Note─In the City election April 8, 2003, the voters elected to have an appointed Chief of Police as set out in Section 200.030 of this Code.
SECTION 200.020: PERSONNEL, EQUIPMENT AND ORGANIZATION─APPOINTMENT
AND TERM OF PERSONNEL
A. The Police Department shall have such personnel, property and equipment as may from time to time be authorized by the Board of Aldermen; provided, that the regular Police force of the City shall not exceed a maximum number of ten (10) officers. The Police Department shall be organized in such matter as shall be provided by the Chief of Police with the approval of the Mayor and City Administrator.
B. The Mayor, with the consent and approval of the majority of the members of the Board of Aldermen, shall appoint the members of the Police force and such other personnel of the Police Department as may be authorized at any time by the Board of Aldermen; and the terms of office or employment may be specified at the time of appointment. If no term of office or employment is so stated, the appointment will continue until revoked by the Mayor with the consent and approval of the majority of the members of the Board of Aldermen. (CC 1984 §78.010; Ord. No. 684 §1, 5-14-96; Ord. No. 815 §§1─2, 6-11-02)
SECTION 200.030: CHIEF OF POLICE─APPOINTMENT─DUTIES
A. The Board of Aldermen shall appoint a qualified person to serve as Chief of Police.
B. The Chief of Police shall be at least twenty-one (21) years of age and shall have the required minimum hours of training for certification by the Department of Public Safety.
C. The Chief of Police shall be responsible to the Mayor, Board of Aldermen and City Administrator and be familiar with Chapter 200 of the La Plata City Code. The Chief of Police shall be responsible for the proper administration, training, discipline, morale and effective employment of members of the department and for the proper maintenance and use of property and equipment of
§ 200.030 La Plata City Code § 200.050
the department to the end that all missions and purposes of the department are effectively accomplished. (CC 1984 §78.020; Ord. No. 816 §§1─2, 6-11-02; Ord. No. 850 §§1─3, 5-13-03)
Editor's Note─In the City election April 8, 2003, the voters elected to have an appointed Chief of Police as set out in Section 200.030 of this Code.
SECTION 200.035: BASIC TRAINING REQUIREMENTS
A. All newly hired Peace Officers employed by the City of La Plata shall be required to have prescribed hours of training for certification by the Department of Public Safety.
B. The Chief of Police shall notify the Director of the Missouri Department of Public Safety within thirty (30) days of the appointment of a Peace Officer and shall include with such notification a copy of a fingerprint card verified by the Missouri State Highway Patrol pertaining to the results of a criminal background check of the officer appointed and evidence of completion of the training standards required by the State of Missouri. (Ord. No. 714A §§1─3, 6-15-99; Ord. No. 763 §§1─3, 3-13-01; Ord. No. 838 §1, 12-10-02)
SECTION 200.037: TRAINING EXPENSE FOR POLICE DEPARTMENT
A. Each Police Officer will be given fifteen dollars ($15.00) per in-house training session attended. Expense allowance will be granted for no more than one (1) in-house training session per month. Training expense allowance will be paid on an annual basis in conjunction with the first (1st) pay period in December.
B. Police Chief will be responsible for providing to the City Clerk an annual list of officers and the number of training sessions attended to be reimbursed on or before December eighteenth (18th). (Ord. No. 772 §§I─II, 7-17-01)
SECTION 200.040: RULES AND REGULATIONS
The Chief of Police shall promulgate rules and regulations for the government of the Police Department and the official conduct of members thereof, and may from time to time, as he/she may
deem advisable, amend such rules and regulations. Rules and regulations promulgated, when approved by the Mayor and by resolution of the Board of Aldermen, shall be placed on file in the office of the City Clerk, with a copy thereof at Police headquarters for the information of the members of the department. When such rules and regulations have been promulgated, approved and filed as above provided, it shall be unlawful for any member of the Police Department to violate or fail to comply with any such rule or regulation. Such rules and regulations may provide, among other things, for ranks and seniority of members of the department, the chain of command and reasonable penalties for violations. (CC 1984 §78.040)
SECTION 200.050: AUTHORITY TO MAKE ARRESTS
The Chief of Police shall have power at all times to make or order an arrest, with proper process, for any offense against the laws of the City or of the State, and to keep the offender in the City Jail or other proper place to prevent his/her escape until a trail can be had before the proper officer, unless such offender shall give a good and sufficient bond for his/her appearance for trail. The
§ 200.050 Police Department And Fire Department § 200.090
Chief of Police shall also have power to make arrests without process, in all cases in which any offenses against the laws of the City or of the State shall be committed in his/her presence. (CC 1984 §78.050; Ord. No. 850 §§1─3, 5-13-03)
Editor's Note─In the City election April 8, 2003, the voters elected to have an appointed Chief of Police as set out in Section 200.030 of this Code.
SECTION 200.060: TO REPORT VIOLATIONS OF LAWS AND ORDINANCES TO
PROSECUTING OFFICERS
In addition to the duties prescribed by Statutes, it shall be the duty of the Chief of Police to report to the City Attorney, Municipal Judge or other proper officer, for prosecution, all persons who may violate any of the City ordinances, and all information and facts coming to his/her knowledge having reference thereto. (CC 1984 §78.060; Ord. No. 850 §§1─3, 5-13-03)
Editor's Note─In the City election April 8, 2003, the voters elected to have an appointed Chief of Police as set out in Section 200.030 of this Code.
SECTION 200.070: TO GO TO SCENE OF BREACH OF PEACE OR FELONY
The Chief of Police shall, without delay, report to any part of the City, in day or night time, when he/she has reason to believe, or is advised, that any breach of the peace or felony has been or is about to be committed, and he/she shall then take such lawful action as may be necessary to prevent any such offense or, if it has been committed, to restore order, and in either case, to apprehend the offender and take him/her into custody. (CC 1984 §78.070; Ord. No. 850 §§1─3, 5-13-03)
Editor's Note─In the City election April 8, 2003, the voters elected to have an appointed Chief of Police as set out in Section 200.030 of this Code.
SECTION 200.080: PREVENTION OF TRESPASS AND NUISANCES UPON CITY
PROPERTY
The Chief of Police shall assign duties to Police Officers in such manner as to prevent trespasses and the commission of nuisances upon property of the City. (CC 1984 §78.080; Ord. No. 850 §§1─3, 5-13-03)
Editor's Note─In the City election April 8, 2003, the voters elected to have an appointed Chief of Police as set out in Section 200.030 of this Code.
ARTICLE II. FIRE DEPARTMENT
SECTION 200.090: COMPOSITION
The Fire Department shall consist of the Fire Chief and such other members, regular and volunteer, and such property and apparatus, as may from time to time be authorized by the Board of Aldermen. (CC 1984 §70.010)
§ 200.100 La Plata City Code § 200.140
SECTION 200.100: FIRE CHIEF AS DEPARTMENT HEAD AND COMMANDING OFFICER
The Fire Chief shall be Chief of the Fire Department and Commanding Officer of the members thereof. He/she shall be responsible to the Mayor and Board of Aldermen for the proper administration, training, discipline, morale and effective employment of the members of the department and for the proper maintenance and use of the property and equipment of the department to the end that all missions and purposes of the department are effectively accomplished.
(CC 1984 §70.020)
SECTION 200.110: RULES AND REGULATIONS
The Fire Chief shall promulgate rules and regulations for the government of the Fire Department and the official conduct of members thereof, and may from time to time, as he/she may deem advisable, amend such rules and regulations. Rules and regulations so promulgated, when approved by the Mayor and by resolution of the Board of Aldermen, shall be placed on file in the office of the City Clerk, with a copy thereof at fire headquarters for the information of the members of the department. When such rules and regulations have been promulgated, approved and filed as above provided, it shall be unlawful for any member of the Fire Department to violate or fail to comply with any such rule or regulation. Such rules and regulations may provide, among other things, for ranks and seniority of members of the department, the chain of command and reasonable penalties for violations. (CC 1984 §70.030)
SECTION 200.120: POLICE POWERS OF MEMBERS
The Fire Department Officer in command at the scene of any fire or explosion shall have, and may delegate to his/her subordinates, authority to direct traffic and to give orders to bystanders when necessary so to do to prevent interference with Fire Department personnel or apparatus, to protect persons or property or to prevent any disorder, and it shall be unlawful for any vehicle driver or bystander at or near the scene of any fire or explosion to disobey or fail to comply with any lawful order given by a fireman pursuant to authority vested in him/her by this Section; and persons so disobedient or failing to comply with any such order shall be subject to arrest by such fireman, to be held in custody until he/she may be taken before the Municipal Court or Municipal Judge to be dealt with according to law. (CC 1984 §70.040)
SECTION 200.130: FIRE CHIEF TO BE IN CHARGE
The Fire Chief shall have control of the Fire Department at any fire, or at any practice meeting, and shall have charge of the details of fire practice and control of all fire apparatus belonging to the City, and shall keep the same under his/her control, and keep a record of the same in a book to be kept
by the Fire Department, and nothing belonging to the Fire Department shall at any time be loaned to anyone and he/she shall not permit any person to have any connections made with any fire plug at any time, unless his/her personal charge. (CC 1984 §70.070)
SECTION 200.140: ACT TO SAVE PROPERTY
The Fire Chief is directed to appoint a suitable person of his/her Fire Department who shall organize with about three (3) members of such department whose special duty and efforts shall be directed at any fires to save all goods, wares, or any personal property from being destroyed by such fire,
§ 200.140 Police Department And Fire Department § 200.180
and to see that the same is protected after it is saved, whether such personal property is known to be insured or not. (CC 1984 §70.090)
SECTION 200.150: TRAINING EXPENSE ALLOWANCE FOR VOLUNTEER FIREFIGHTERS
A. Each volunteer firefighter will be given fifteen dollars ($15.00) per training session attended. Expense allowance will be granted for no more than two (2) training sessions per month. Training expense allowance will be paid on an annual basis in conjunction with the first (1st) pay period in December.
B. Fire Chief will be responsible for providing to the City Clerk an annual list of volunteers and the number of training sessions attended to be reimbursed on or before December fifteenth (15th). (Ord. No. 770 §§I─II, 4-10-01)
ARTICLE III. DISPOSAL OF ABANDONED AND SURPLUS PROPERTY
SECTION 200.160: DEFINITIONS
For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
ABANDONED PROPERTY: Any such property which has been in the possession of the Police Department for a period of more than one (1) year without having been claimed by any person entitled thereto, including but not limited to weapons, liquor, drugs, vehicles, bicycles, radios and T.V. sets.
SURPLUS PROPERTY: Property belonging to the City which is no longer needed or used, including but not limited to vehicles, major equipment, furniture, office equipment and supplies. (Ord. No. 06-926, 6-1-06)
SECTION 200.170: ABANDONED PROPERTY
Abandoned property as defined in Section 200.160 of this Article shall be deemed to be forfeited to the City. (Ord. No. 06-926, 6-1-06)
SECTION 200.180: AUTHORIZATION AND PROCEDURE TO DISPOSE OF SURPLUS AND
ABANDONED PROPERTY
The purchasing agent for the City of La Plata with approval of City Council is hereby authorized to administer and implement the provisions of this Article and to dispose of surplus and abandoned property when no other procedure for disposal is provided by the laws of the State of Missouri in the following manner:
1. Property known and classified as weapons, including but not limited to knives, pistols, shotguns, rifles, clubs, and chains shall be destroyed, except those which, in the judgment of the City Council based on information provided by Chief of Police have antique or unique value or are capable of Police Department use. Such weapons so converted become the property of the City, and upon documentation by the Chief of Police and approval by the City Administrator, the purchasing agent shall cause said property to be made a part of the Police Department.
§ 200.180 La Plata City Code § 200.180
2. Property known and classified as intoxicating or non-intoxicating liquor of any kind shall be destroyed.
3. All property commonly known as drugs or drug paraphernalia of any type shall be destroyed.
4. The proper procedure for destroying abandoned property as identified in Subsections (1, 2, and 3) of this Section shall be as follows:
The Chief of Police shall provide a listing to the purchasing agent of all items destroyed. Such listing shall contain the date of possession, along with a statement of verification co-signed by a witness that the items were destroyed and in what manner so as to make them completely unusable. The statement shall also include the date on which the items were destroyed.
5. A listing of all surplus property, and other abandoned property excluding those mentioned in Subsections (1, 2 and 3) of this Section, shall be provided to all City Departments. Upon demonstration by a department head that some or portions of the property contained on the listing can be efficiently and effectively used by that department, and upon authorization in writing from the City Administrator, the purchasing agent shall cause such transfer to be made to that department.
6. All surplus and abandoned property not otherwise disposed of under any other provision of this Section shall be disposed of in any of the following ways:
a. At a public auction held at a time, date and place determined by the City purchasing agent. Notice of the auction shall be published at least once in a newspaper of general circulation in Macon County, Missouri, which publication shall be at least seven (7) days prior to the public auction. The notice of public auction shall describe the items to be auctioned. The City's purchasing agent shall issue to such person purchasing any item at such auction a receipt for each item purchased. The receipt shall describe the item purchased, the name and address of the purchaser, and the amount paid for each item purchased. A copy of such receipt shall be retained in the records of the City for not less than three (3) years from the date of the auction. Payment for auctioned items shall be in cash at the close of the auction. The proceeds from such auction shall be deposited with the general funds of the City.
b. Certain abandoned or surplus property of value which is determined by the City Administrator to be of such a character and use that the general public or businesses generally would not be interested in acquiring the item or items of abandoned or surplus property at a public auction may be sold by the City's purchasing agent at a private negotiated sale to a purchaser at the best price obtainable. Prior to any sale pursuant to this Subparagraph (b) the City Administrator shall certify, in writing, to the City's purchasing agent that the described item of abandoned or surplus property, because of its character or use, is of no interest to the general public or businesses generally, and directing the City's purchasing agent to sell such item or items at a negotiated sale. A copy of such certification by the City Administrator shall be forthwith transmitted to the Mayor and each Alderman of the City. No negotiated sale of such item or items shall be concluded less than ten (10) days subsequent to the receipt of such certification by the City's purchasing agent. The City's purchasing agent is hereby authorized to execute all sale documents on behalf of the City. All certifications and sale documents shall remain a part of the City's records for not less than three (3) years. All proceeds of such negotiated sale shall be deposited in the General Fund of the City.
§ 200.180 Police Department And Fire Department § 200.180
c. Certain abandoned or surplus property whose value is determined by the City Administrator to be of such de minimis or limited value as to not be efficiently sold at a public auction may be sold by the City's purchasing agent at a private negotiated sale to a purchaser at a price or for a service as is best obtainable. Prior to any sale pursuant to this Subsection (c), the City Administrator shall certify, in writing, to the City's purchasing agent that the described item of abandoned or surplus property, because of its de minimis or limited value is not able to be efficiently sold at public auction and directing the City's purchasing agent to sell such item or items at a negotiated sale to a purchaser at a price or for such service as is best obtainable. A copy of such certification by the City Administrator shall be forthwith transmitted to the Mayor and each Alderman of the City. No negotiated sale of such item or items shall be concluded less than ten (10) days subsequent to the receipt of such certification by the City's purchasing agent. The City's purchasing agent is hereby authorized to execute all sale documents on behalf of the City. All certifications and sale documents shall remain a part of the City's records for not less than three (3) years. Any proceeds of such negotiated sale shall be deposited in the General Fund of the City.
7. Items which cannot be readily sold, may be sold as scrap by the purchasing agent as approved by the City Administrator. (Ord. No. 06-926, 6-1-06)
CHAPTER 205: ANIMAL REGULATIONS
ARTICLE I. DOGS AND CATS
SECTION 205.010: DEFINITIONS
The following words when used in this Chapter shall be held and construed to have the meanings set out herein:
DOGS OR CATS: All animals of the canine or feline species, both male and female.
OWNER OR KEEPER: Any person having a right of property in a dog or cat, or who keeps or harbors a dog or cat, or who has it in his/her care, or acts as its custodian, or who knowingly permits a dog or cat to remain on or about any premises owned or occupied by him/her.
PIT BULL DOG: Any and all of the following dogs:
1. The Staffordshire Bull Terrier breed of dogs.
2. The American Staffordshire Terrier breed of dogs.
3. The American Pit Bull Terrier breed of dogs.
4. Dogs which have the appearance and characteristics of being predominately of the breeds of the dogs known as Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier.
PUBLIC NUISANCES: Any dog which molests passersby, barks, whines, or howls in an excessive fashion shall constitute a public nuisance.
RUNNING AT LARGE: Suffer¬ing a dog or cat to be off the private premises of the owner or keeper, or his/her agent or servant, and not on a leash or confined to the arms, motor vehicle, trailer or other con¬veyance of the owner or keeper or his/her agent or servant.
SERIOUS PHYSICAL INJURY: Physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body.
TRESPASSER: A person upon the premises of the owner or keeper of the dog in question without license or privilege to be upon said premises.
UNRESTRAINED DOG: Any dog running at large, or, a dog on the premises of its owner or keeper but not confined to said premises by a leash, fence, structure or other means, that would prevent the dog from leaving such premises.
VICIOUS DOG: Any of the following dogs:
1. Any dog, whether or not running at large, and whether or not unrestrained, that without provocation has bitten any person not a trespasser causing serious physical injury to that person.
§ 205.010 La Plata City Code § 205.040
2. Any unrestrained dog, whether or not running at large, that without provocation has attempted to bite any person not a trespasser which would cause serious physical injury to that person.
3. Any unrestrained dog, whether or not running at large, that without provocation has placed any person not a trespasser in apprehension of immediate serious physical injury.
4. Any dog that has killed another dog, cat or other domestic animal without provocation.
5. Any pit bull dog. (CC 1984 §73.200)
SECTION 205.020: VACCINATION AND TAG
The owner or keeper of any dog or cat in the City of La Plata is here¬by required to have such animals vaccinated against rabies by a licensed veterinarian and to procure a certificate of such vaccin¬ation and tag from the veterinarian and to present such certificate to the City Clerk on or before May first (1st) of each year. It shall be unlawful for the owner or keeper of any dog or cat to permit such animal to remain in the City of La Plata unless wearing the vaccination tag above provided for herein.
SECTION 205.025: NUISANCE
Animals which constitute a public nuisance shall be impounded by personnel authorized to do so. (CC 1984 §73.240)
SECTION 205.030: RUNNING AT LARGE PROHIBITED─IMPOUNDMENT
It shall be unlawful for the owner or keeper of any dog or cat to permit the same to run at large within the City of La Plata at any time. Any dog or cat found without the vaccination tag provided in Section 205.020, and any dog or cat found running at large shall be impoun¬ded. Such notice shall impose upon the owner a penalty not less than twenty-five dollars ($25.00). (Ord. No. 778 §§1─2, 6-12-01)
SECTION 205.035: DOG BITE
It shall be unlawful for the owner of any animal or any person harboring an animal when notified that such animal has bitten any person to sell or give away such animal or to permit or allow such animal to be taken beyond the limits of the City for a period of not less than fifteen (15) days after the date that such animal has so bitten or injured any person, except under the care of a licensed veterinarian. (CC 1984 §73.230)
SECTION 205.040: VICIOUS DOGS PROHIBITED─EXCEPTIONS─IMPOUNDMENT
It shall be unlawful to own, keep, or harbor a vicious dog in the City of La Plata except in accordance with the following provisions:
1. Leash and muzzle. No person shall permit a vicious dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a vicious dog to be kept on a chain, rope or other type of leash outside its kennel or pen
§ 205.040 Animal Regulations § 205.070
unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, or buildings. In addition, all vicious dogs on a leash outside its kennel or pen must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
2. Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine vicious dogs must be locked with a key or combination lock when such dogs are within the structure. Said structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be imbedded in the ground no less than two (2) feet. Also such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
3. Confinement indoors. No vicious dog may be kept on a porch, patio or any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
4. Signs. All owners, keepers or harborers of vicious dogs within the City shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog". In addition, a similar sign is required to be posted on the kennel or pen of such dog.
SECTION 205.050: DUTY TO IMPOUND
It shall be the duty of the Chief of Police, the City Police, and any other person of the City of La Plata, especially designated by the Board of Aldermen and the Mayor for such purpose, to take up any dog or cat without the vaccination tag provided in Section 205.020, any dog or cat running at large, or any vicious dog in violation of Section 205.040 above, and to impound the same. In effecting the capture of any dog or cat, the officers aforesaid are authorized and directed to use traps, nets, tranquilizer guns or any other humane method.
SECTION 205.060: COST OF IMPOUNDMENT
Any officer performing duties under this Chapter shall be compen¬sated from the City Treasury as provided from time to time by the Board of Aldermen. Such officer shall account to the City for all sums collected from owners or keepers under this Chapter, and pay same into the City Treasury. Costs of feeding and keep¬ing dogs or cats impounded shall be paid from the City Treasury.
SECTION 205.070: NOTICE OF IMPOUNDMENT
Every officer impounding a dog or cat under this Chapter shall, within twenty-four (24) hours after such impounding, enter upon a registry open to the public, and in plain public view for three (3) days at the City Hall of the City, a description of such dog or cat, including breed, color, and approximate size, and the date apprehended, and if the owner or keeper is known, the name and address of such owner or keeper; or the owner or keeper shall be given actual notice of the impoundment of such dog or cat before disposition of such dog or cat. (CC 1984 §73.250)
§ 205.075 La Plata City Code § 205.110
SECTION 205.075: NOTICE ALTERNATIVE
In lieu of impounding an animal found at large, the appropriate City personnel may issue to the known owner a notice or ordinance violation. Such notice shall impose upon the owner a penalty not less than twenty-five dollars ($25.00) which shall be paid to the City Clerk to satisfy the assessed penalty. (CC 1984 §73.260; Ord. No. 778 §§3─4, 6-12-01)
SECTION 205.080: REIMBURSEMENT OF COSTS
The owner or keeper of any dog or cat impounded under this Chapter may reclaim the same by paying to the Chief of Police, Police Officer, or other official especially designated to receive the same, a sum sufficient to reimburse the City for its costs in impounding such dog or cat and keeping it impounded.
1. For each offense, the owner shall pay a fee of not less than twenty-five dollars ($25.00) plus seven dollars ($7.00) for each animal, each day the animal has been impounded. (CC 1984 §73.250; Ord. No. 636 §2, 9-17-91; Ord. No. 778 §§5─6, 6-12-01)
SECTION 205.090: TERM OF IMPOUNDMENT
It shall be the duty of any officer impounding any dog or cat under this Chapter to keep the same impounded for a period of three (3) days, unless such dog or cat shall be reclaimed by his/her owner or keeper under Section 205.080 of this Chapter. If, after the expiration of three (3) days from the date of such impoundment, such dog or cat shall not have been reclaimed, the same shall be disposed of or destroyed in a humane manner. (Ord. No. 734 §§1─2, 5-9-00)
SECTION 205.100: REDEMPTION OF IMPOUNDED DOGS─PROOF OF RABIES VACCINE
Any dog picked up by the Animal Control Officer and impounded must show proof of rabies vaccine to retrieve the animal from impoundment. (Ord. No. 607 §1, 12-12-89)
SECTION 205.110: ANIMAL NEGLECT OR ABANDONMENT
A. A person is guilty of animal neglect when he/she has custody or ownership or both of an animal and fails to provide adequate care or adequate control which results in substantial harm to the animal.
B. A person is guilty of animal abandonment when he/she has knowingly abandoned an animal in any place without making provisions for its adequate care.
C. Animal neglect or animal abandonment are ordinance violations. For a first (1st) offense of either violation, a term of imprisonment, not to exceed fifteen (15) days or a fine, not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. For a second (2nd)
§ 205.110 Animal Regulations § 205.130
or subsequent violation of either offense, a term of imprisonment, not to exceed ninety (90) days or a fine, not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. All fines and penalties for a first (1st) conviction of animal neglect or animal abandonment may be waived by the court provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned animals may not be waived.
D. In addition to any other penalty imposed by this Section, the court may order a person found guilty of animal neglect or animal abandonment to pay all reasonable costs and expenses necessary for:
1. The care and maintenance of neglected or abandoned animals within the person's custody or ownership;
2. The disposal of any dead or diseased animals within the person's custody or ownership;
3. The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and
4. The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.
SECTION 205.120: 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 Sections 578.005 to 578.023 and 273.030, RSMo.;
2. Purposely or intentionally causes injury or suffering to an animal; or
3. Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.
B. For purposes of this Section, "animal" shall be defined as a mammal.
Note─Under certain circumstances this offense can be a felony under state law.
ARTICLE II. ANIMALS AND FOWL
SECTION 205.130: CERTAIN STOCK NOT PERMITTED TO RUN AT LARGE
It shall be unlawful for the owner of any animal of the species of horse, mule, ass, cattle, swine, sheep or goat, in this City, to permit the same to run at large outside the enclosure of the owner of such stock. (CC 1984 §73.010)
§ 205.140 La Plata City Code § 205.170
SECTION 205.140: IMPOUNDMENT OF ANIMALS UNLAWFULLY AT LARGE─
BY CHIEF OF POLICE─NOTICE TO OWNER
It is hereby made the duty of the Chief of Police, whenever he/she shall see or be notified that any animal of the species heretofore mentioned is running at large contrary to any of the provisions of this Article, to take up and impound and safely keep such animal, and if the owner be known to the Chief of Police he/she shall give notice of such taking up to the owner of the animal so taken up, either verbally or in writing, or if the owner of the animal so taken up be not known, the Chief of Police shall, immediately upon taking up such animal, post written notices in four (4) public places in this City containing a description of the animal so taken up and the time when and place where such animal was found to be at large. (CC 1984 §73.020; Ord. No. 850 §§1─3, 5-13-03)
Editor's Note─In the City election April 8, 2003, the voters elected to have an appointed Chief of Police as set out in Section 200.030 of this Code.
SECTION 205.150: IMPOUNDMENT FEES AND EXPENSE OF CARING FOR ANIMALS
For each animal taken up and impounded by the Chief of Police, according to the provisions of this Article, he/she shall be entitled to and collect from the owner, or from the person entitled to the possession thereof, the sum of ten dollars ($10.00). The amount so collected by the Chief of Police shall be turned over to the Treasurer, for the use of the City, and in addition to the amount aforesaid, the Chief of Police shall collect from the owner, or the person entitled to possession of such stock, an amount equal to the cost of caring for, feeding and advertising such stock. (CC 1984 §73.030; Ord. No. 850 §§1─3, 5-13-03)
Editor's Note─In the City election April 8, 2003, the voters elected to have an appointed Chief of Police as set out in Section 200.030 of this Code.
SECTION 205.160: IMPOUNDMENT─SALE OF UNREDEEMED ANIMALS AND
DISPOSITION OF PROCEEDS
If the owner of any animal taken up and impounded under the provisions of this Article be unknown after three (3) days' diligent inquiry by the Chief of Police, or if the person entitled to the possession of any animal taken up under the provisions of this Article, shall not within three (3) days after receiving notice as provided for in this Article redeem such animal by paying all costs and penalties of taking up and keeping it, the animal shall be sold as hereinafter provided. It is hereby made the duty of the Chief of Police to advertise for sale any animal that shall have been taken up by him/her under the provisions of this Article, and that remains unredeemed at the end of three (3) days, as heretofore provided for, by posting in four (4) public places in this City, that such animal will be sold at public auction, to the highest bidder, giving at least fifteen (15) days' notice of the sale. After paying all the cost for taking up, caring for and sale of any animal according to the provisions of this Article, the balance from such sale, if any, shall be turned over to the Treasurer, subject to the order of the owner of such stock, if called for within twelve (12) months after the date of sale, but if not called for, the balance shall be turned into the Street Fund of this City.
(CC 1984 §73.040)
SECTION 205.170: IMPOUNDMENT─DISPOSITION OF ANIMALS NOT SOLD
Animals taken up and impounded and which are not redeemed by their owners or sold as provided
§ 205.170 Animal Regulations § 205.210
in this Article may be released to any responsible person upon his/her applications, or may be destroyed in a humane manner. (CC 1984 §73.050; Ord. No. 850 §§1─3, 5-13-03)
Editor's Note─In the City election April 8, 2003, the voters elected to have an appointed Chief of Police as set out in Section 200.030 of this Code.
SECTION 205.180: GRAZING ON STREETS, SIDEWALKS AND PUBLIC PLACES
A. It shall be unlawful for any person to tie or stake out, or hitch or herd for the purpose of grazing, any animal of the species named in Section 205.130 in such manner that the animal could go upon any public street, sidewalk or public place; provided, that any person who desires to stake out any such animal for the purpose of grazing may apply to the City Clerk for a permit so to do, and such permit may be granted under such terms and conditions as may be prescribed by resolution or order of the Board of Aldermen.
B. It is hereby made the duty of the Chief of Police, whenever he/she has notice of a violation of Subsection (A) of this Section, to immediately take charge of such animal and treat it in all respects as though it were found running at large, as heretofore provided in this Article. (CC 1984 §73.060; Ord. No. 850 §§1─3, 5-13-03)
Editor's Note─In the City election April 8, 2003, the voters elected to have an appointed Chief of Police as set out in Section 200.030 of this Code.
SECTION 205.190: POULTRY AND OTHER FOWL NOT TO BE AT LARGE─ENCLOSURES
It shall be unlawful for any person owning, in charge of or keeping any poultry or other fowl to permit any such fowl to run at large within the City; and all such fowl shall be kept within enclosures of sufficient mesh and height to prevent them from running at large. (CC 1984 §73.070)
SECTION 205.200: ENCLOSURES
Each stable, corral, pen, coop or other place where any animal or fowl is kept shall be so constructed that the animal or fowl cannot escape therefrom except when the door or other exit is left open. Each place where an animal or fowl is kept shall at all times be maintained in a clean and sanitary condition, free of solid and liquid refuse and free of offensive odors; and any place where an animal or fowl is kept and which is maintained contrary to this Section shall be deemed to be a nuisance. (CC 1984 §73.080)
SECTION 205.210: DISPOSITION OF CARCASSES
Every person owning or caring for any animal or fowl that has died from any cause shall dispose of the body thereof within twenty-four (24) hours after knowledge of such death, either to a person licensed to dispose of or transport it, or by the owner or person entitled to such body, causing the same to be buried within that time upon his/her own or any other lawfully available premises, and any such body shall be buried to such a depth that no part thereof shall be nearer than four (4) feet to the natural surface of the ground and every part of such body shall be covered with at least four (4) feet of earth in addition to any other materials that may be used for that purpose; provided, that any person so owning or controlling any dead animal, that has not died of a contagious disease, shall
§ 205.210 La Plata City Code § 205.210
have the right to remove the hide or skin thereof on his/her own premises before burying such body as herein prescribed, but such skinning must be done and the disposition of such hide, or skin and body must be made in a manner that will avoid the creation of any nuisance. If an animal or fowl be not in the possession or custody of any person at the time of its death, or if its owner or person caring therefor be not known, the carcass shall be removed by the Chief of Police. (CC 1984 §73.090; Ord. No. 850 §§1─3, 5-13-03)
Editor's Note─In the City election April 8, 2003, the voters elected to have an appointed Chief of Police as set out in Section 200.030 of this Code.)
CHAPTER 210: OFFENSES
ARTICLE I. GENERALLY
SECTION 210.005: DEFINITIONS
In this Chapter, unless the context requires a different definition, the following shall apply:
AFFIRMATIVE DEFENSE: Has the meaning specified in Section 556.056, RSMo.
BURDEN OF INJECTING THE ISSUE: Has the meaning specified in Section 556.051, RSMo.
COMMERCIAL FILM AND PHOTOGRAPHIC PRINT PROCESSOR: Any person who develops exposed photographic film into negatives, slides or prints, or who makes prints from negatives or slides, for compensation. The term "commercial film and photographic print processor" shall include all employees of such persons but shall not include a person who develops film or makes prints for a public agency.
CONFINEMENT:
1. A person is in confinement when he/she is held in a place of confinement pursuant to arrest or order of a court, and remains in confinement until:
a. A court orders his/her release; or
b. He/she is released on bail, bond, or recognizance, personal or otherwise; or
c. A public servant having the legal power and duty to confine him/her authorizes his/her release without guard and without condition that he/she return to confinement;
2. A person is not in confinement if:
a. He/she is on probation or parole, temporary or otherwise; or
b. He/she is under sentence to serve a term of confinement which is not continuous, or is serving a sentence under a work-release program, and in either such case is not being held in a place of confinement or is not being held under guard by a person having the legal power and duty to transport him/her to or from a place of confinement;
CONSENT: Consent or lack of consent may be expressed or implied. Assent does not constitute consent if:
1. It is given by a person who lacks the mental capacity to authorize the conduct charged to constitute the offense and such mental incapacity is manifest or known to the actor; or
2. It is given by a person who by reason of youth, mental disease or defect, or intoxication, is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or
3. It is induced by force, duress or deception.
§ 210.005 La Plata City Code § 210.005
CRIMINAL NEGLIGENCE: Has the meaning specified in Section 562.016, RSMo.
CUSTODY: A person is in custody when he/she has been arrested but has not been delivered to a place of confinement.
DANGEROUS FELONY: The felonies of arson in the first (1st) degree, assault in the first (1st) degree, forcible rape, forcible sodomy, kidnapping, murder in the second (2nd) degree and robbery in the first (1st) degree.
DANGEROUS INSTRUMENT: Any instrument, article or substance, which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury.
DEADLY WEAPON: Any firearm, loaded or unloaded, or any weapon from which a shot, readily capable of producing death or serious physical injury, may be discharged, or a switchblade knife, dagger, billy, blackjack or metal knuckles.
FELONY: Has the meaning specified in Section 556.016, RSMo.
FORCIBLE COMPULSION: Means either:
1. Physical force that overcomes reasonable resistance; or
2. A threat, express or implied, that places a person in reasonable fear of death, serious physical injury or kidnapping of himself/herself or another person.
INCAPACITATED: That physical or mental condition, temporary or permanent, in which a person is unconscious, unable to appraise the nature of his/her conduct, or unable to communicate unwillingness to an act. A person is not "incapacitated" with respect to an act committed upon him/her if he/she became unconscious, unable to appraise the nature of his/her conduct or unable to communicate unwillingness to an act, after consenting to the act.
INFRACTION: Has the meaning specified in Section 556.021, RSMo.
INHABITABLE STRUCTURE: Has the meaning specified in Section 569.010, RSMo.
KNOWINGLY: Has the meaning specified in Section 562.016, RSMo.
LAW ENFORCEMENT OFFICER: Any public servant having both the power and duty to make arrests for violations of the laws of this State, and Federal Law Enforcement Officers authorized to carry firearms and to make arrests for violations of the laws of the United States.
MISDEMEANOR: Has the meaning specified in Section 556.016, RSMo.
OFFENSE: Any felony, misdemeanor or infraction.
PHYSICAL INJURY: Physical pain, illness, or any impairment of physical condition.
PLACE OF CONFINEMENT: Any building or facility and the grounds thereof wherein a court is legally authorized to order that a person charged with or convicted of a crime be held.
POSSESS OR POSSESSED: Having actual or constructive possession of an object with knowledge of its presence. A person has actual possession if he/she has the object on his/her person or within
§ 210.005 Offenses § 210.010
easy reach and convenient control. A person has constructive possession if he/she has the power and the intention at a given time to exercise dominion or control over the object either directly or through another person or persons. Possession may also be sole or joint. If one (1) person alone has possession of an object, possession is sole. If two (2) or more persons share possession of an object, possession is joint.
PUBLIC SERVANT: Any person employed in any way by a government of this State who is compensated by the government by reason of his/her employment. It includes, but is not limited to, legislators, jurors, members of the judiciary and Law Enforcement Officers. It does not include witnesses.
PURPOSELY: Has the meaning specified in Section 562.016, RSMo.
RECKLESSLY: Has the meaning specified in Section 562.016, RSMo.
RITUAL OR CEREMONY: An act or series of acts performed by two (2) or more persons as part of an established or prescribed pattern of activity.
SERIOUS EMOTIONAL INJURY: An injury that creates a substantial risk of temporary or permanent medical or psychological damage, manifested by impairment of a behavioral, cognitive or physical condition. "Serious emotional injury" shall be established by testimony of qualified experts upon the reasonable expectation of probable harm to a reasonable degree of medical or psychological certainty.
SERIOUS PHYSICAL INJURY: Physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body.
SEXUAL CONDUCT: Acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification.
SEXUAL CONTACT: Any touching of the genitals or anus of any person, or the breast of any female person, or any such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person.
SEXUAL PERFORMANCE: Any performance, or part thereof, which includes sexual conduct by a child who is less than seventeen (17) years of age.
VOLUNTARY ACT: Has the meaning specified in Section 562.011, RSMo.
ARTICLE II. OFFENSES AGAINST THE PERSON
SECTION 210.010: ASSAULT
A person commits the offense of assault if:
1. The person attempts to cause or recklessly causes physical injury to another person;
2. With criminal negligence the person causes physical injury to another person by means of a deadly weapon;
§ 210.010 La Plata City Code § 210.030
3. The person purposely places another person in apprehension of immediate physical injury;
4. The person recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person;
5. The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative; or
6. The person knowingly causes physical contact with an incapacitated person, as defined in Section 475.010, RSMo., which a reasonable person, who is not incapacitated, would consider offensive or provocative.
SECTION 210.020: ASSAULT OF A LAW ENFORCEMENT OFFICER
A person commits the offense of assault of a Law Enforcement Officer if:
1. He/she attempts to cause or recklessly causes physical injury to a Law Enforcement Officer;
2. With criminal negligence he/she causes physical injury to a Law Enforcement Officer by means of a deadly weapon;
3. He/she purposely places a Law Enforcement Officer in apprehension of immediate physical injury;
4. He/she recklessly engages in conduct which creates a grave risk of death or serious physical injury to a Law Enforcement Officer; or
5. He/she knowingly causes or attempts to cause physical contact with a Law Enforcement Officer without the consent of the Law Enforcement Officer.
SECTION 210.030: HARASSMENT
A person commits the offense of harassment if for the purpose of frightening or disturbing another person, he/she:
1. Communicates in writing or by telephone a threat to commit any felony;
2. Makes a telephone call or communicates in writing and uses coarse language offensive to one of average sensibility;
3. Makes a telephone call anonymously; or
4. Makes repeated telephone calls.
§ 210.040 Offenses § 210.060
SECTION 210.040: FALSE IMPRISONMENT
A person commits the offense of false imprisonment if he/she knowingly restrains another unlawfully and without consent so as to interfere substantially with his/her liberty.
Note─Under certain circumstances this offense can be a felony under state law.
SECTION 210.050: ENDANGERING THE WELFARE OF A CHILD
A. A person commits the offense of endangering the welfare of a child if:
1. He/she with criminal negligence acts in a manner that creates a substantial risk to the life, body or health of a child less than seventeen (17) years old;
2. He/she knowingly encourages, aids or causes a child less than seventeen (17) years old to engage in any conduct which causes or tends to cause the child to come within the provisions of Paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.;
3. Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen (17) years old, he/she recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him/her from coming within the provisions of Paragraph (c) of Subdivision (1) of Subsection (1) or Paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSM