SECTION 210.005: DEFINITIONS
The following words, when used in this Chapter, shall have the meanings set out herein:
ANIMAL: Any mammal domestic or wild, other than man, which may be affected by rabies.

ANIMAL CONTROL OFFICER: That person educated in the care, seizure, custody and confinement of animals or his/her agent as appointed by the Mayor with the approval of the Board of Aldermen and supervised by the Chief of Police.

ANIMAL NUISANCE: Created when an animal:

1. Runs uncontrolled;

2. Molests or disturbs persons or vehicles by chasing, barking or biting;

3. Attacks other animals;

4. Damages property other than that of the owner or harborer;

5. Barks, whines, howls, honks, brays, cries or makes other noises excessively;

6. Creates noxious or offensive odors;

7. Defecates upon any public place or upon premises not owned or controlled by the owner or harborer unless promptly removed by the animal owner or harborer; or

8. Creates an insect breeding and/or attraction site due to an accumulation of excreta.

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.

AT LARGE: When animal is off the property of the owner and unleashed.

BITE: To be seized with the teeth or jaws so that a person or animal has been nipped, gripped, wounded, pierced or scratched by the biting animal.

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.

CAT: Any member of the animal species Felis Catis both male and female over three (3) months of age.

CITY: The City of Bowling Green, Missouri, a municipal corporation of the Fourth Class.

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 (3) intact females for the primary purpose of breeding animals for sale.

CONTROL OF AN ANIMAL: That same is on a leash not more than eight (8) feet in length; is restrained on or within a vehicle being driven or parked; or is within the property limits of its owner or harborer or upon the premises of another person with the consent of that person.

DOG: Any member of the animal species Canis Familiaris both male and female over three (3) months of age.

DOMESTIC ANIMAL: Includes dogs, cats, domesticated sheep, horse, cattle, goats, swine, fowl, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants and other birds and animals raised and/or maintained in confinement.

EUTHANASIA: The act of inducing a humane death by a technique which produces rapid loss of consciousness, followed by cardiac arrest and ultimate loss of brain function.

EXHIBITOR: A person who exhibits animals for compensation or improvement of the breed.

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.

GROOMER: A person who performs the service of trimming, bathing or pedicure of animals, normally dogs and cats.

HARBORER: Any person who provides food and shelter to any domesticated animal other than a periodic or temporary basis.

IMPOUND: To take into custody any animal for the purpose of confinement.

KITTEN: Any member of the feline (genus felis) family under three (3) months of age.

LIVESTOCK: Any horse, cow, pig, hog, sheep or goat.

NON-DOMESTIC ANIMAL: All felines (other than the domestic house cat), non-human primates, bears, wolves, coyotes, foxes and venomous reptiles, any animal having a poisonous bite, constrictor reptiles and any crossbreed of such animals which have similar characteristics of the animals specified herein. In order to properly administer the provisions of this Section, the Animal Control Commission may add to or remove from the classification of non-domestic animals any bird, mammal, reptile, aquatic and amphibious forms or other members of the animal kingdom. Additions to the list may be made only if the Animal Control Commission determines, after public hearing, that such species because of habit, mode of life or natural instinct is incapable of being domesticated, requires the exercise of art, force or skill to keep them safely in subjection and would create a reasonable likelihood of hazard to the public. Each determination by the Animal Control Commission as to additions or deletion shall become effective when filed with the City Clerk.

OWNER: Any person having the right of property in any animal; who keeps an animal; who has an animal in his/her care or custody; or who knowingly permits an animal to remain on or about any premises by him/her.

PERSON: Any individual, firm, corporation, partnership, association, trust, estate or other legal entity.

PET SHOP: An establishment operated by a person which acquires animals, birds, reptiles and fish bred by others whether an owner or agent or on consignment and sells, offers to sell, exchanges or offers for adoption with or without charge such animals, birds, reptiles and fish as domestic pets to the general public at wholesale or retail.

POUND: That facility as designated by the City used to temporarily shelter, confine and house animals that have been seized.

PUP: Any member of the canine (genus canis) family under three (3) months of age.

TAG: Any object, regardless of shape or size, bearing a registration number and year and the words "registered and vaccinated for rabies" issued by a practicing licensed veterinarian.

TRAINER: A person qualified by training and experience in training animals for work, hunting, pleasure, obedience or exhibition.

TRAP: Any mechanical device or snare which seeks to hold, capture or kill an animal.

TRAPPING: The setting or laying or otherwise using of a trap.

VACCINATION: The administration of vaccine by a licensed veterinarian at such intervals as required by State Statutes and the State Department of Agriculture.

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.

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.

WILD/STRAY CAT: Any cat over the age of six (6) months, which is not registered and appropriately tagged and chipped as required by the ordinances of the City of Bowling Green, Missouri.

WORK DOG: Any member of the animal species Canis Familiaris trained for and actively engaged in rescue, law enforcement or war work, or as a guide of the blind or deaf. (Ord. No. 1141 §I(215.005), 4-10-00; Ord. No. 1269 §I, 3-18-02)

SECTION 210.010: DOGS AND FELINES TO BE REGISTERED AND VACCINATED -- EXCEPTIONS
No dog or feline shall be kept within the City limits without having obtained a license from the City license administration. The license administration shall provide to all animal owners who pay the animal license fee and show proof of a certificate of vaccination from a licensed veterinarian that said animal has been properly vaccinated against rabies. The following shall apply for registering animals owned or harbored within the City limits:
1. Any person owning, keeping, harboring or having custody of any animal over the age of three (3) months within the municipality shall obtain a license. This may not apply to small caged birds, aquatic or amphibian animals kept solely as pets.

2. A written application for license shall include name, address of applicant, description of the animal, a certificate of rabies vaccination from a licensed veterinarian or anti-rabies clinic and shall be made to the licensing authority.

3. The licensing period shall begin with the calendar year and run for one (1) year ending on the thirty-first (31st) day of December. A license application for an animal may be made thirty (30) days prior to the licensing period.

4. Application for a license shall be made upon obtaining an animal requiring a license over the age of three (3) months. This shall not apply to a non-resident keeping an animal within the municipality less than thirty (30) days.

5. License fees shall not be required for certified Seeing Eye dogs, hearing dogs or dogs that are trained to assist the physically handicapped.

6. Upon acceptance of the license application and fee, the licensing authority shall issue a durable tag stamped with a identifying number and the year issued. Tags should be designed so that they may be conveniently fastened to the animal.

7. Dogs and felines must wear designated license tags at all times when off owner's or keeper's premises.

8. The licensing authority shall maintain a record of the identifying number of tags issued and shall make record available to inspector.

9. Persons who fail to obtain a license as required within the period specified in this Section shall be subject to a minimal fine of twenty-five dollars ($25.00).

10. A license shall be issued after payment to the City Collector and a receipt in duplicate shall be executed with the original being issued to the person paying the fee. The fee shall be as follows:

a. Unneutered or unspayed dog or feline shall be twenty-five dollars ($25.00).

b. Neutered or spayed dog or feline shall be one dollar ($1.00).

Any dog or feline believed to be of unsound health, due to age or physical condition by a licensed veterinarian, shall not be required to be neutered or spayed and the twenty-five dollar ($25.00) fee shall be waived when written verification is provided to the license administration.

11. A replacement license for one destroyed or lost may be obtained for a fee of one dollar ($1.00).

12. No person may use any license for any animal other than the animal for which it was issued. It shall be unlawful to counterfeit or attempt to counterfeit the tags provided for in this Chapter or to take from any animal a tag legally placed upon it by its owner. Dog and feline tags are not transferable and no refund shall be made on any license fee because of leaving the City or death of the animal prior to the expiration of the license.

13. The City Collector shall procure a sufficient number of metal tags, the shape and color shall be different for each licensing year, and numbered in sequence for identifying the licensed animal. (CC 1996 §215.010; CC 1977 §73.010; Ord. No. 870 §I, 3-8-93; Ord. No. 915 §I, 2-8-95; Ord. No. 1065 §I, 12-7-98; Ord. No. 1184 §I, 11-20-00; Ord. No. 1208 §I, 3-19-01)

SECTION 210.020: TAGS, DISPLAY, REPLACEMENT, TRANSFER -- OFFENSES
Upon presentation of the vaccination certificate, the Assistant Collector shall execute a receipt in duplicate. He/she shall deliver the original receipt to the person who pays the fee, retaining the duplicate. He/she shall also procure a sufficient number of suitable metallic tags, the shape of which shall be different for each license year, and shall deliver one (1) appropriate tag to the owner of the dog or feline when the fee is paid. The owner shall cause the tag to be affixed by a permanent fastening to the collar of the dog or feline so licensed. The owner shall see that the tag is constantly worn by his/her dog or feline, however, if the owner of any dog or feline so chooses, he/she may have a microchip inserted in the animal by a licensed veterinarian and if such chip is inserted, the license tag does not have to be worn by the animal, however, the tag must still be purchased as a means of registration. In the case that any dog's or feline's tag is lost, a duplicate may be issued by the Clerk or Collector upon presentation of receipt showing payment for the license fee for the current year. A charge of one dollar ($1.00) shall be made for each such duplicate tag. It shall be unlawful to counterfeit or attempt to counterfeit the tags provided for in this Chapter or to take from any dog or feline a tag legally placed upon it by its owner or to place a tag upon a dog or feline not licensed in accordance with this Chapter. Dog and feline tags are not transferable and no refund shall be made on any dog or feline license fee because of leaving of the City or the death of the dog or feline prior to the expiration of the license. (CC 1996 §215.020; CC 1977 §73.020; Ord. No. 1065 §I, 12-7-98; Ord. No. 1119 §II, 9-16-99; Ord. No. 1227 §I, 6-18-01)

SECTION 210.030: DOGS REQUIRED ON LEASH
A. No other provision of this Chapter notwithstanding, no person shall cause or permit any dog owned or kept by him/her to run at large at any time or in any place in the City; provided however, that the provisions of this Section shall not prohibit the owner or keeper from permitting such dog to run at large on the private premises of such owner or keeper or upon the private premises of another person with such person's consent, so long as otherwise consistent with this Section.
B. Notwithstanding anything herein to the contrary, dogs may be permitted to run upon public ways, including streets and sidewalks, but only when on a leash not exceeding ten (10) feet in length controlled by the owner or keeper of the dog.

C. It shall be the duty of the owner or keeper of any dog to keep such dog from running at large. If a dog is running at large through the act or intervention of a third (3rd) person not a member of the owner's household and without the owner's consent, such fact shall be and constitute an affirmative defense to any proceedings brought under this Section.

D. Any person, firm or corporation who violates this Section shall be guilty of a misdemeanor and upon conviction thereof shall be fined seventy-five dollars ($75.00) for the first (1st) violation within a twelve (12) month period of time; one hundred dollars ($100.00) for a second (2nd) violation within any twelve (12) month period of time; two hundred fifty dollars ($250.00) for a third (3rd) violation within any twelve (12) month period of time; and five hundred dollars ($500.00) for a fourth (4th) and subsequent violations within a twelve (12) month period. Upon the fourth (4th) or subsequent offense and conviction thereof, the Municipal Judge may declare the dog or feline abandoned and order the dog or feline impounded as provided herein. Upon the first (1st) offense of this Section, payment of the impounding fee shall be governed by Section 210.050 herein. For the second (2nd) and subsequent offenses within a twelve (12) month period of time, all fines and impound fees must be paid by the dog owner prior to the dog being released from impound. Failure to retrieve any dog or feline from impound within thirty (30) days following any conviction under this Section shall be deemed abandonment of said dog or feline. (CC 1996 §215.045; Ord. No. 1090 §I, 4-5-99; Ord. No. 1555 §I(D), 2-26-07)

SECTION 210.100: DOG AND FELINE KENNELS
Any person, firm, partnership or corporation owning, keeping, harboring or protecting more than three (3) dogs or felines over the age of three (3) months shall be classified as operating a kennel.
1. No commercial kennels shall be permitted within the corporate limits of the City of Bowling Green, Missouri. A "commercial kennel" shall be a kennel which performs grooming or training services for animals, and may or may not render boarding services in return for a consideration.

2. Any person, firm, partnership or corporation desiring a permit to operate a non-commercial kennel within the City of Bowling Green, Missouri, shall, prior to operating and annually thereafter, procure a permit therefor by applying to the City Clerk for such annual permit, which permit shall not be issued until countersigned and approved by the Animal Control Officer after an inspection of the proposed premises. The inspection shall insure that the proposed location will not be a nuisance to the neighborhood. Proof of rabies vaccination and City license is necessary on each animal to purchase said permit. The City Clerk shall charge and collect a fee of thirty-five dollars ($35.00) for such permit.

a. A "non-commercial kennel" is the keeping of more than three (3) dogs over the age of three (3) months for the private enjoyment of the operator with no business purpose, no breeding or sales.

b. In the event that after a permit is issued the Animal Control Officer determines that the operation of the "non-commercial kennel" has become a nuisance to the neighborhood, said permit may be revoked by the Animal Control Officer and the continued operation thereafter shall be unlawful.

c. All areas shall be maintained in a clean, healthy and humane manner, free of all offensive odors, sounds and nuisances. Any violation of same shall subject the owner or operator to a citation for violation of this Chapter as well as being grounds for the Animal Control Officer to revoke the permit.

d. All dogs or felines shall be confined in suitable pens at said area and shall not be permitted to run at large and shall be restrained by a leash or other restraining device, as well as accompanied by a person over the age of fourteen (14) years at all times when they are outside of the enclosed pen.

e. All persons, firms, partnerships or corporations now operating a non-commercial kennel according to the definitions and conditions set forth herein shall apply for the permit required hereunder within sixty (60) days of the date of enactment of this Section and shall comply with all provisions hereof within said sixty (60) days. Permit shall include tags. Dogs and felines at large must show tags. Proof of rabies vaccination is necessary to purchase permit.

f. The Animal Control Officer shall notify the City Clerk of the revocation of any permit hereunder and the City Clerk shall cause a written notice of such revocation to be delivered to the licensee by regular United States mail, postage prepaid, addressed to the address contained on said license. Further operation of the non-commercial kennel by the licensee after ten (10) business days of the date of said notice shall be unlawful and constitute a violation of this Chapter and subject said person to the penalties of Section 100.220 of the Bowling Green, Missouri, City Code for each and every day of violation. (CC 1996 §215.140; CC 1977 §73.220; Ord. No. 1065 §I, 12-7-98)

SECTION 210.110: WILD OR EXOTIC ANIMALS AND CERTAIN REPTILES PROHIBITED
Except for licensed veterinarians and permitted abattoir, it shall be unlawful to keep, harbor, own, maintain or in any way possess within the corporate limits of the City of Bowling Green, Missouri:
1. Any warm-blooded, carnivorous or omnivorous, wild or exotic animal including, but not limited to, non-human primates, raccoons, skunks, foxes, fowl, swine, cattle or other non-domesticated animal;

2. Any animal, including reptiles, having a poisonous bite. (CC 1996 §215.150; CC 1977 §73.300)

SECTION 210.140: NUISANCE DOG OR FELINE DEFINED
A. Any dog which unduly disturbs the quiet and peace of any person or neighborhood, molests passersby, chases vehicles or bicycles, attacks other domestic animals, trespasses upon school ground, trespasses upon private property in such a manner as to damage property or which shall bite any person or injure any person shall be deemed a nuisance.
B. Any feline which unduly disturbs the quiet and peace of any person or neighborhood, molests passersby, attacks other domestic animals, trespasses upon school ground, trespasses upon private property in such a manner as to damage property or which shall bite any person or injure any person shall be deemed a nuisance. (CC 1996 §215.170; Ord. No. 1227 §III, 6-18-01)