§ 205.190. Authority of Municipal Court — Penalty For Violation.


Latest version.
  • A. 
    Authority Of Court. Following the filing of charges under the provisions of this Chapter, the certification of the Chief of Police, or the Chiefs designee having property authority, that an animal is dangerous within the meaning of Section 205.170, and upon the motion of the Municipal Prosecutor with written notice to the owner's last known address, the judge of the Municipal Court may order, without a hearing if none is requested within five (5) business days from the date the notice is mailed, that the animal be seized and impounded pending disposition of the charges and/or that the animal be impounded past the ten (10) day rabies quarantine period. If the owner requests in writing to the court within five (5) days, a hearing shall be held at the next available court date. Following the filing of charges under the provisions of this Chapter, the certification of the Chief of Police, or the Chief's designee having property authority, that an animal is dangerous, and upon the motion of the Municipal Prosecutor with written notice to the owner or controlling party's last known address, the judge of the Municipal Court, after a full evidentiary hearing, may order the animal be permanently removed from the City limits or that the animal be euthanized. Furthermore, upon conviction under any of the provisions of this Chapter relating to vicious animals it shall appear to the Municipal Court that it is necessary for the public safety and welfare that the animal concerned be euthanized, the Judge shall so order and the Chief of Police shall transport the animal to the appropriate facility for euthanization per the order of the court.
    B. 
    Penalty. Any person violating any of the provisions of this Chapter shall, upon his or her conviction, be deemed guilty of an offense and shall be punished by a fine of up to one thousand dollars ($1,000.00) or by imprisonment in the City Jail for a period not exceeding three (3) months or by both such fine and imprisonment. The expense of the impoundment and any other associated costs shall be charged to the animal owner and shall be separate from the punitive fines and/or period of incarceration.
    C. 
    Probation. If authorized by law, the judge may suspend the imposition of sentence or execution of sentence and place the defendant on probation for a term not to exceed two (2) years in compliance with Section 559.016, RSMo. The conditions of probation shall be such as the court in its discretion deems reasonably necessary to ensure that the defendant will not again violate the law and to the extent allowed by law may include restorative justice methods pursuant to Section 217.777, RSMo., or any other method that the court finds just or appropriate including, but not limited to, restitution, community service or other conditions set forth in Section 559.021, RSMo.
R.O. 2012 §225.190; CC 1988 §255.190; Ord. No. 296 §19, 6-19-1973; Ord. No. 1492 §5, 3-20-2012