City Ordinance

Chapter 5

ANIMALS*

Art. I. In General, §§ 5-1 - 5-20
Art. II Livestock, §§ 5-21 - 5-40
Art. III Dogs, §§ 5-41 – 5-70
Art. IV Neglect and Abuse, §§ 5-71 – 5-78

*Cross reference – Noise restrictions on animals, § 14-87(b)(3); unlawful to harm animals in city parks, § 15-4
State law reference – Municipal authority concerning animals, RSMo 77.510.

ARTICLE 1. IN GENERAL

Sec. 5-1. Definitions.

The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them:
Animal shall mean any living vertebrate member of the animal kingdom, excluding man.
Animal shelter shall mean any premises designated by action of the city for the purpose of impounding and caring for all animals found running at large in violation of this chapter.
Animal control officer shall mean the person employed by the city as the officer charged with the enforcement of this chapter and other city ordinances relative to animals.
At large shall mean when an animal is off the property of its owner and not under the control of a competent person.
Dog shall mean any member of the canine (genus canis) family.
Euthanize shall mean the humane destruction of an animal.
Impound shall mean to take into custody any animal, by any humane means, for the purpose of confinement.
Kennel shall mean any commercial business engaged in breeding, buying, selling or boarding of at least three (3) dogs.
Livestock animal shall mean cows, horses, mules, hogs, goats, sheep, domestic fowl or other animals commonly associated with farming and agriculture.
Neutered shall mean altered to prevent conception.
Owner shall mean any person owning, keeping, harboring or otherwise having the care or control of an animal.
Under restraint shall mean when an animal is controlled by a leash, at “heel” beside a competent person and obedient to that person’s commands, on or within a vehicle being driven or parked on the streets or within the property limits of its owner or keeper.
(Code 1970, § 4-17(a)(1), (2)
Cross reference – Definitions and rules of construction generally, § 1-2.
State law reference – Similar definitions, RSMo 273.010, 578.005.

Sec. 5-2. Impoundment for observation.

Any domestic animal that has bitten or scratched a person or other animal must be kept, at owner’s expense, in a veterinary hospital or the animal control shelter for a minimum of ten (10) days for observation. A report shall be rendered to the person bitten or scratched, or the owner of the animal bitten or scratched, of the condition of the confined animal concerning rabies. This report will also be rendered to any official that requires such a report. Any animal found to be rabid shall be disposed of as required by this chapter or applicable state law. If the animal is determined to not be rabid after ten (10) days, it may be redeemed by the owner as provided in section 5-50 and upon payment of all costs, or it may be adopted as provided in section 5-51 and upon payment of all costs, or it shall be euthanized. If the owner is not found and the animal is not adopted, the city will pay all costs incurred under this section.
Bats and wild carnivorous mammals as well as crossbred animals, which are crossbred between wild animals and dogs or cats, that have bitten or scratched a person, will be killed and appropriate tissues sent to the state laboratory for rabies examination.
(Code 1970, §§ 4-4, 4-19(c)(3)(b); Ord. No. 2379, § 1, 11-9-87; Ord. No. 2626, § 1, 2-25-91)
State law reference-Protection against rabies, RSMo Ch. 322.

Sec. 5-3 – 5-20. Reserved.

ARTICLE II. LIVESTOCK*

Sec. 5-21. Running at large prohibited.

It shall be unlawful for any persons to allow any livestock animal to wander through the streets of the city, without an attendant, or in such manner as to permit such animal to go upon or damage the sidewalks or parkways in the city, or to damage private property of other persons or to do injury to any person.
(Code 1970, § 4-2)
*Cross reference – Lights for horse-drawn vehicles, § 23-501.
Cross reference-Streets, sidewalks and other public places, Ch. 20.
State law reference – Animals restrained from running at large, RSMo Ch. 270.

Sec. 5-22. Keeping restricted.

It shall be unlawful for any person to keep or maintain any livestock animal in such close proximity to any business or residence as to cause annoyance to the annoyance to the occupants thereof, or in such place as will render it a nuisance.
(Code 1970, § 4-3)

Sec. 5-23 – 5-40. Reserved.

ARTICLE III. DOGS*

Sec. 5-41. Enforcement of article.

This article shall be enforced by the animal control officer, who shall be under the direction of the assistant city manager, or other person designated by the city manager.
(Ord. No. 3689, § 1, 12-18-01)
Cross reference – Officers and employees generally, § 2-76 et seq.

Sec. 5-42. Vaccination.

(a) Required. It shall be unlawful for any person within the city limits to own, keep, possess, harbor or permit to remain on his premises any dog over the age of four (4) months which has not been vaccinated against rabies in accordance with the terms set forth in this article.

(b) By whom performed. Vaccination against rabies shall be performed by a duly licensed veterinarian or the possessor of an animal shelter or kennel license may vaccinate any dogs owned by him and kept therein.
(Ord. No. 3689, § 1, 12-18-01)
State law reference-Protection against rabies, RSMo Ch. 322.

Sec. 5-43. Licenses and tags for dogs.

(a) Requirements for issuance of dog license. A dog license shall be issued by the city collector when the following requirements have been met:

(1) The presentation of a current certificate showing the name and address of the owner, the sex of the dog, a description of the dog, and the date of the vaccination against rabies;

(2) The payment of a license fee in the amount of five dollars ($5.00) per spayed female or neutered male, and ten dollars ($10.00) per unsprayed female or unneutered male.

(b) Annual license required; due date; delinquent date. Dog licenses shall be required to be purchased annually. Such licenses shall be due and payable on the first day of June, and will be delinquent on the first day of July.

(c) Proration of fees. Dog license fees shall be prorated at sixty (60) percent of the annual fee if purchased after the first day of January to new residents of the city or new dog owners.

(d) License to be fastened to collar. The owner of a dog licensed under this section shall cause the license tag to be fastened securely to a collar worn continuously around the neck of the dog.

(e) Removal of license tag. It shall be unlawful for any person to remove, or cause to be removed, a license tag from a dog without the written consent of the owner of such dog.
(Ord. No. 3689, § 1, 12-18-01)

(a) Requirements for issuance of kennel license. A kennel license shall be issued when the following requirements have been met:

(1) The presence of three (3) or more dogs owned by the operator and kept on the premises;

(2) The presentation of proof satisfactory to the city collector that vaccination against rabies has been performed on the dogs in the kennel within prescribed preceding six (6) months of application therefor;

(3) The payment of a fee of ten dollars and fifty cents ($10.50).

*Editor’s note – Ord. No. 3689, § 1, adopted Dec. 18, 2001, amended article III in its entirety and enacted similar provisions as set out herein. The former article III derived from Code 1970, §§ 4-15, 4-16(a)—(f), 4-17(a), (c), (d)—(f), (g), 4-18, 4-19(a), (b),(c)(1),(c)(2)(a), (c)(2)(b), (3)(a), (3)(c), (4); Ord. No. 2383, §§ 1—6, adopted Dec. 14, 1987; and Ord. No. 3310, § 2--4, adopted March 23, 1998.
State law reference – Dogs and dog food, RSMo Ch. 273.

(b) Annual license required; due date; delinquent date. Kennel licenses shall be required to be purchased annually. Such licenses shall be due and payable on the first day of June, and will be delinquent on the first day of July.
(Ord. No. 3689, § 1, 12-18-01)

Sec. 5-45. Restraint of dogs.

(a) Required. The owner of a dog shall keep his dog under restraint at all times and shall not permit such dog to be at large, off the premises or property of the owner, unless under the control of a competent person.

(b) Legal liability for a dog not under restraint. The owner of any dog who fails to keep his dog under restraint shall be held liable for all damages caused by such a dog.

(c) Handling of when not under restraint; summary killing of dogs. Any dog found running at large and which cannot be safely taken up and impounded, then the animal control officer or any police officer is hereby authorized to use such force as may be necessary to capture such dog including the actual killing of the dog.

(d) Prosecution of owner when dog is at large. Whenever a dog is at large, known to be owned, harbored, kept or fed at a certain residence or a certain family, then the head of such residence or family, or any adult living there is hereby declared to be the owner of the dog and shall be charged with a violation of this section even though the dog is not captured; and the officer may, upon request, search the premises where he believes the dog is kept to attempt to verify that the dog is being kept by such person as owner.
(Ord. No. 3689, § 1, 12-18-01)
State law reference-Animals restrained from running at large, RSMo Ch. 270.

Sec. 5-46. Vicious dogs.

(a) Prohibitions. It shall be unlawful to keep, harbor, own, buy, sell, give, receive or in any way possess within the corporate limits of the city:

(1) Any vicious dog, except as otherwise provided in this section. “Vicious dog” is defined to mean:

a. Any dog which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal, or any dog which has a known propensity, tendency or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals or which because of its size, physical characteristics or vicious propensities is capable of inflicting serious physical injury or death to humans shall be defined as a “vicious dog.”

b. Notwithstanding anything to the contrary herein, no dog shall be deemed a “vicious dog” if a threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog, or if a person at the time of such threat, injury or damage was teasing, tormenting, abusing or assaulting the dog, or was threatening or committing an assault or other bodily harm to the owner or keeper, or the owner or keeper’s immediate family or their invitees.

c. Any dog owned by governmental or law enforcement agencies when being used in the service of those agencies shall be exempt from the requirements specified herein.

(2) Upon conviction of or plea of guilty to violation of this section the owner shall surrender possession of the subject vicious dog and the subject vicious dog shall be destroyed. Failure to turn the dog over pursuant to this section shall be deemed an offense.

(b) Requirements for keeping or harboring vicious dog. Vicious dogs residing or located in the city limits may be kept by their owners, keepers or harborers within the city, subject to the following requirements:

(1) 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 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 the animal’s kennel must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.

(2) 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 secure top attached to the sides. All structures used to confine vicious dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. The sides of said structure shall be built so that no part of said animal may extend through to the outside of the structure, and so that no part of the human body may extend through to the inside of the structure. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition. In addition to the requirements described herein, all structures shall comply with all zoning and building regulations of the city. The structure, when occupied by a vicious dog shall not be occupied by any other animal. If the vicious dog is a female with offspring under nine (9) weeks of age, the offspring may occupy the same structure as the mother.

(3) No vicious dog may be kept on a porch, patio or in 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 other structure when the windows are open or when screen windows or screen doors are the only obstacle to prevent the dog from exiting the structure.

(4) 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 Vicious Dog.” An identical sign must also be placed in a clearly visible location on the kennel or pen of such animal

(5) All owners, keepers, or harborers of vicious dogs must provide proof to the city clerk of public liability insurance in a single incident amount of one hundred thousand dollars ($100,000.00) or more for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation, termination, expiration or change of the policy will be made unless thirty (30) days’ written notice is first given to the city clerk.

(6) The owner of a vicious dog shall immediately notify the police department if the animal is loose, unconfined or missing or has attacked another animal or a human being.

(7) No person shall sell, barter or in any other way dispose of a vicious dog within the city to any person within the city unless the recipient person resides permanently in the same household on the same premises as the owner of such dog, provided that the owner of a vicious dog may sell or otherwise dispose of a dog or the offspring of such dog to persons who do not reside within the city.

(8) All offspring of vicious dogs within the city must be removed from the city within nine (9) weeks of birth of such animal.

(9) Any vicious dog found off the premises of its owner or not securely muzzled, as required herein, may be seized by any public officer or animal control officer and the owner or keeper may be brought to trial for violation of this section.

(c) Vicious dogs running at-large. Any vicious dog running at large in violation of this section shall be impounded and euthanized after notice as provided herein.

(d) Notice and hearing.

(1) Notice of seizure. The owner or custodian of any dog seized or surrendered under the provisions of this section, or any other person who is determined to be in possession of the dog, or person determined to be maintaining, sheltering, or harboring the dog shall be given written notice of its seizure by the city, of the city’s intention to destroy the dog, and of the right to request a hearing.

(2) Request for hearing. The request for hearing shall be filed in writing at city hall within five (5) days of notification that the dog has been seized and shall include the name and address of the person requesting the hearing, and their relationship to the dog (owner, custodian, etc.) Only those persons with an ownership or custodial interest in the dog may request a hearing. After written notification of the seizure of the dog is given to any person, and a hearing is not timely requested, or is not properly requested, the dog shall be destroyed after the expiration of the time allowed for requesting a hearing.

(3) Time of hearing The hearing shall be held not less than ten (10) days after the date the written notice of the time and place of the hearing is mailed to the person requesting the hearing or no less than ten (10) days after the notice of the time and place of the hearing is personally served upon to the person requesting the hearing.

(4) Issues to be addressed. At the hearing, the only issues to be allowed are whether the dog is a vicious dog as defined in this section and whether the dog was found in the city in violation of this section.

(5) Disposition after hearing. If, after the hearing, the dog is found to be a vicious dog and is found to have been in the city in violation of this section, the dog shall be destroyed. If, after hearing, the dog is found not to be a vicious dog or it is determined that the dog was not within the city in violation of this section, the dog shall be released to the person requesting the hearing and the costs of impoundment shall be borne by the city.

(6) Appeal. The decision of the hearing officer may be appealed pursuant to RSMo Ch 536.

(7) Cost of impoundment. The person requesting the hearing shall be responsible for all cost of impounding the dog.

(8) Surrendering of vicious dog. If a vicious dog is surrendered after a judicial finding that it has been kept in violation of this section, no further hearing shall be required under this subsection.

(e) Destruction of dog, owner/custodian unknown. If the owner or custodian of a dog seized under the provisions of this section cannot be located after reasonable efforts, the city may destroy the dog after five (5) days. If a dog is found running at large and is taken to a pound under the authority of another section or sections of the ordinances of the city nothing contained herein shall prevent the destruction of dog under the pound’s ordinary destruction policy.

(f) Alternate disposition of vicious dogs. Nothing contained herein shall prevent the city from allowing a dog seized pursuant to the provisions of this section from being removed from the city under specified conditions thereby avoiding the necessity of destroying the dog. Nothing herein shall be construed as requiring removal from the city to be required prior to destruction of the vicious dog.

(g) Impoundment/destruction per other law. Nothing contained in this section shall prevent a dog from being impounded by the city or destroyed pursuant to other law.
(Ord. No. 3689, § 1, 12-18-01; Ord. No. 3888, § 1, 3-22-04)

Sec. 5-47. Females in heat; nuisance declared.

The owner of a female dog in heat shall, during this period, keep it securely confined or enclosed within a building, and every such dog found outside of building in violation hereof, except when out on the owner’s premises for toilet purposes when under restraint, is hereby deemed and declared to be a public nuisance.
(Ord. No. 3689, § 1, 12-18-01)
Cross reference – Nuisances, Ch. 13.

Sec. 5-48. Annoyances prohibited.

It shall be unlawful for any dog owner to permit his dog, while tied or penned, to fight, howl, bark, or yelp for a period of time so that such fighting, howling, barking or yelping shall annoy or disturb any neighbor or neighborhood. Violation of this section shall constitute disturbance of the peace under section 14-82.
(Ord. No. 3689, § 1, 12-18-01)

Sec. 5-49. Impoundment.

(a) Generally. Any dog in violation of any section of this article is subject to being “picked up” and impounded in the animal shelter.

(b) Owner to be notified. The animal control officer or other impoundment official shall promptly notify the owner of the dog, if known. If unable to identify the owner or unable to locate owner, no liability shall be attached to the city or to any person involved with the capture or impoundment of such dog.
(Ord. No. 3689, § 1, 12-18-01)

Sec. 5-50. Redemption.

(a) Any dog impounded under section 5-49 may be redeemed within five (5) days from the animal shelter by its owner by the payment to the city collector of a prescribed fee of:

(1) Ten dollars ($10.00) for the first redemption of a dog within any license year, provided such animal is spayed or neutered, or if not spayed or neutered twenty-five dollars ($25.00);

(2) Twenty-five dollars ($25.00) for the second redemption of a dog within any license year, provided such animal is spayed or neutered, or if not spayed or neutered, fifty dollars ($50.00.;

(3) Fifty dollars ($50.00) for the third and all subsequent redemptions of a dog within any license year, provided such animal is spayed or neutered, or if not spayed or neutered, seventy-five dollars ($75.00);

(4) An additional daily charge for services, as may be set by the city council from time to time by resolution.

(b) If an impounded dog is unlicensed, its owner shall comply with the licensing section of this article.

(c) The city council by resolution may set a deposit fee for dogs removed from the pound for licensing and vaccination. This deposit shall be refunded if the dog is licensed and all other fees therefor paid within twenty-four (24) hours.

(d) An owner of an impounded animal which has been held by the shelter for more than five (5) days will be required to comply with all regulations and policies regarding adoption of animals.
(Ord. No. 3689, § 1, 12-18-01)

Sec. 5-51. Adoption.

Any dog impounded under the terms of section 5-49 may be adopted by any competent person after five (5) days from the date of its impoundment, upon compliance with all the provisions of this article pertaining to such dog, and thereby, such person shall become the owner of such dog.
(Ord. No. 3689, § 1, 12-18-01)

Sec. 5-52. Disposition of unclaimed dogs.

(a) Any dog left in the animal shelter more than five (5) days from the date of its impoundment and not adopted under section 5-51, shall be disposed of in the following manner unless otherwise provided for by the owner:

(1) Any dog classified as vicious under section 5-46 shall be disposed of as the municipal court may direct;

(2) The dog shall be euthanized.

b) The city council by the resolution may establish charges for persons desiring to dispose of a dog by delivering it to the city pound.
(Ord. No. 3689, § 1, 12-18-01)

Sec. 5-53. – 5-70. Reserved.

ARTICLE IV. NEGLECT AND ABUSE*

Sec. 5-71. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adequate care shall mean normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and health care as necessary to maintain good health in a specific species of animal.

Adequate control shall mean to reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal, or property.

Harbor shall mean to feed or shelter an animal at the same location for three (3) or more consecutive days.

Pests shall mean birds, rabbits, or rodents which damage property or have an adverse effect on the public health, but shall not include any endangered species listed by the United States Department of the Interior nor any endangered species listed in the state wildlife code.
*Cross reference – Offenses against property, § 14-56 et seq.
Cross reference - Definitions and rules of construction generally, § 1-2.
State law reference – Similar definitions, RSMo 578.005.

Sec. 5-72. Scope of article.

The provisions of this article shall not apply to:

(1) Care or treatment performed by a licensed veterinarian within the provisions of RSMo Ch. 340;

(2) Bona fide scientific experiments;

(3) Hunting, fishing or trapping as allowed by RSMo Ch. 252, including all practices and privileges as allowed under the state wildlife code;

(4) Facilities and publicly funded zoological parks currently in compliance with the federal “Animal Welfare Act,” as amended;

(5) Rodeo practices currently accepted by the Professional Rodeo Cowboy’s Association;

(6) The euthanizing of an animal by the owner thereof, the agent of such owner or by a veterinarian at the request of the owner thereof;

(7) The lawful euthanizing of an animal by the animal control officer, the operator of the animal shelter, a veterinarian or any police officer or health official;

(8) With respect to livestock animals, normal or accepted practices of animal husbandry;

(9) The killing of an animal by any person at any time if such animal is outside of the owned or rented property of the owner or custodian of such animal and the animal is injuring any person or livestock animal, but not including police or guard dogs while working;

(10)The killing of house or garden pests; or

(11)Field trials, training and hunting practices as accepted by the Professional Houndsmen of Missouri.

State law reference – Similar provisions, RSMo 578.007.

(a) A person is guilty of animal neglect when he has custody or ownership, or both, of an animal and fails to provide adequate care or adequate control.

(b) All fines and penalties for a first conviction of animal neglect may be waived by the municipal court provided that the person found guilty of animal neglect shows that adequate, permanent remedies for the neglect have been made. Reasonable costs incurred for the care and maintenance of neglected animals may not be waived.
State law reference – Similar provisions, RSMo 578.009.

Sec. 5-74. Animal abuse.

A person is guilty of animal abuse when he:

(1) Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of this article;

(2) Purposely, intentionally or recklessly causes injury, suffering, or pain to an animal;

(3) Abandons an animal in any place without making provisions for its adequate care;

(4) Overworks or overloads an animal or drives or works an animal unfit to work;

(5) Having ownership or custody of an animal willfully fails to provide adequate care or adequate control.
(Code 1970, § 4-1)

State law reference – Similar provisions, RSMo 578.012(1).

Sec. 5-75. Responsibility for adequate care.

The parent or guardian of a minor child is responsible for the adequate care of any animal owned by, in the control of or harbored by such minor child.
State law reference – Similar provisions, RSMo 578.014.

Sec. 5-76. Impoundment of animals evidencing neglect, abuse.

(a) Any duly authorized public health official, police officer or the animal control officer may impound any animal found outside of the owned or rented property of the owner or custodian of such animal when such animal shows evidence of neglect or abuse. Any animal impounded pursuant to this section shall be:

(1) If the owner can be ascertained and the animal is not diseased or disabled beyond recovery for any useful purpose, held for recovery by the owner. The owner shall be notified within five (5) business days, of impoundment by telephone or by mail of the animal’s location and recovery procedures. The animal shall be held for ten (10) business days. An animal unclaimed after ten (10) business days may be put up for adoption or euthanized;

(2) Placed in the care or custody of a veterinarian, the animal control officer or animal shelter. The animal shall not be disposed of, unless diseased or disabled beyond recovery for any useful purpose, until after expiration of a minimum of five (5) business days, during which time the public shall have clear access to inspect or recover the animal through time periods ordinarily accepted as usual business hours. After five (5) business days, the animal may be put up for adoption or euthanized.

(3) If diseased or disabled beyond recovery for any useful purpose as determined by a public health official, police officer, veterinarian or animal control officer, euthanized.

(b) The owner or custodian of any animal killed pursuant to this section shall be entitled to recover the actual value of the animal up to but not to exceed six hundred dollars ($600.00) if the owner or custodian shows that such killing was unwarranted.
(Ord. No. 2253, § 1, 11-12-85)
State law reference – Similar provisions, RSMo 578.016.

Sec. 5-77. Warrants for entry upon private property for inspection, impounding.

(a) Any duly authorized public health official, police officer or the animal control officer may seek a warrant from the appropriate court to enable him to enter private property in order to inspect, care for, or impound neglected or abused animals. All requests for such warrants shall be accompanied by an affidavit stating the probable cause to believe a violation of this article has occurred. A person acting under the authority of a warrant shall not be liable for any necessary damage to property while acting under such warrant. All animals impounded pursuant to a warrant issued under this section shall be:

(1) Placed in the care or custody of a veterinarian, the animal control officer or an animal shelter. If no appropriate veterinarian, animal control officer or animal shelter is available, the animal shall not be impounded unless it is diseased or disabled beyond recovery for any useful purpose.

(2) If it is determined by a veterinarian that an animal impounded under a warrant is diseased or disabled beyond recovery for any useful purpose, that animal may be euthanized.

(b) The owner of any animal who has been convicted of animal neglect or animal abuse shall be liable for reasonable costs for the care and maintenance of the animal. Any person incurring reasonable costs for the care and maintenance of such animal shall have a lien against such animal until the reasonable costs have been paid, and may put up for adoption or euthanize such animal if such costs are not paid within ten (10) days after demand. Any moneys received for an animal adopted pursuant to this subsection in excess of costs shall be paid to the owner of such animal.

(c) The owner or custodian of any animal killed pursuant to this section shall be entitled to recover the actual value of the animal if the owner or custodian shows that such killing was unwarranted.
State law reference – Similar provision, RSMo 578.018.

Sec. 5-78. Neglected or abused animal not to be returned to owner.

If a person is adjudicated guilty of animal neglect or animal abuse and the municipal court is satisfied that an animal owned or controlled by such person would in the future be subject to such neglect or abuse, such animal shall not be returned to or allowed to remain with such person, but its disposition shall be determined by the court.
State law reference – Similar provisions, RSMo 578.021.