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Title XVII AGRICULTURE AND ANIMALS

Chapter 273

previous next Effective - 27 Apr 2011, see footnotebottom

  273.347.  Court action for enforcement, when — crime of canine cruelty, penalty. — 1.  Whenever the state veterinarian or a state animal welfare official finds past violations of sections 273.325 to 273.357 have occurred and have not been corrected or addressed, including operating without a valid license under section 273.327, the director may request the attorney general or the county prosecuting attorney or circuit attorney to bring an action in circuit court in the county where the violations have occurred for a temporary restraining order, preliminary injunction, permanent injunction, or a remedial order enforceable in a circuit court to correct such violations and, in addition, the court may assess a civil penalty in an amount not to exceed one thousand dollars for each violation.  Each violation shall constitute a separate offense.

  2.  A person commits the crime of canine cruelty if such person repeatedly violates sections 273.325 to 273.357 so as to pose a substantial risk to the health and welfare of animals in such person's custody, or knowingly violates an agreed-to remedial order involving the safety and welfare of animals under this section.  The crime of canine cruelty is a class C misdemeanor, unless the person has previously pled guilty or nolo contendere to or been found guilty of a violation of this subsection, in which case, each such violation is a class A misdemeanor.

  3.  The attorney general or the county prosecuting attorney or circuit attorney may bring an action under sections 273.325 to 273.357 in circuit court in the county where the crime has occurred for criminal punishment.

  4.  No action under this section shall prevent or preclude action taken under section 578.012 or under subsection 3 of section 273.329.

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(L. 2011 S.B. 113 & 95, A.L. 2011 S.B. 161)

Effective 4-27-11


---- end of effective   27 Apr 2011 ----

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