§ 6-124. Running at large prohibited; impoundment.

It is unlawful for the owner or keeper of any livestock or fowl to allow the same to run at large within the city limits. If any livestock or fowl is found running at large within the city, the same shall be taken up by the animal control officer or any police officer and impounded in the city pound.

(1)

Notice of impoundment. The police officer who impounds any livestock or fowl shall, within three days, give notice thereof to the owner, if known, in writing, stating therein the amount of compensation for feeding and keeping the animal and damages claimed, and thereupon the owner shall pay the officer taking up the animal a reasonable compensation for the taking up, keeping and feeding the animal and shall also pay all persons damaged by reason of the animal running at large, the actual damages sustained by them; provided, however, that such owner shall not be responsible for any accident on a public road or highway if he establishes the fact that the animal was outside the enclosure through no fault or negligence of the owner. If the owner is not known, or if notified and fails to make compensation for the taking up, feeding and keeping of animals taken up under the provisions of this article, the same shall be deemed strays, and shall be dealt with in the same manner as required by law with respect to such property as strays, under the stray law.

(2)   

Redemption. The owner or keeper of any livestock or fowl impounded pursuant to this article may redeem the impounded animals by paying all impoundment and boarding fees the expiration of five days from the date of impoundment.

(3)   

Sale of impounded animals. If any impounded livestock or fowl has not been claimed by the owner or keeper thereof within the time permitted under this section, the police chief shall sell the animals to the highest bidder for cash; provided, however, that the police chief shall first give ten days' notice of the time, place and terms of such sale, with a description of the property to be sold, by a written or printed handbills, posted on the gate or door of the city pound or place where such livestock or fowl is being impounded and advertised once in a newspaper of general circulation in the city not less than seven days prior to sale.

(4)   

Disposition of proceeds of sale. Any proceeds derived from any impoundment sale conducted pursuant to the provisions of this section shall be paid to the owner or keeper, if known, of the impounded livestock or fowl which has been sold after the expenses of impoundment have been deducted therefrom. If the proceeds received from the impoundment sale are not claimed by such owner or keeper within 30 days from the date of such sale, such proceeds shall be paid by the police chief into the city treasury.

(5)   

Unauthorized removal from impound prohibited. It shall be unlawful for any person, without the permission of the mayor or police chief, to take away or out of the city pound any livestock or fowl impounded therein.

(Code 1971, §§ 4-2—4-6; Code 1991, §§ 4-3—4-6; Ord. No. 1598, § 1, 5-20-2002)

State law reference

Authority of city to sell impounded animals, fowl, RSMo 79.400; domestic animals to be restrained from running at large, RSMo 270.010.