Legal Question in Civil Litigation in Missouri
Number of Animals allowed in Independence MO
I moved to Indep MO from KC MO in 1993 owning 3 indoor dogs, I did not know Indep only allows 2 dogs my fault (KC allows 4). I have been in my current residence 3 years and have improved the property greatly, all my neighbors love me and my animals. 2 months ago we got new neighbors accross the street. They have trashed the neighborhood, with old applicances, junk cars, etc. They also have 3 outside dogs which I have no objection too. Except 1 is a night barker howler. I talked with neighbor (no good), called animal control. Because I reported a barking dog, neighbor reported me having 3 dogs (even tho they also have 3). Now I have to go to court, should I get a lawyer, is there anything I can do to keep my 3 dogs? My neighbors have all said that they have no objections to me having the 3 and would be willing to put something in writing. Court date is soon 11/8/05, officer told me that I would be fined + court cost, neighbors will complain again and the fee will keep going up until the judge tells me I have to get rid of 1 of my animals. Can you help? Thank you for your time.
1 Answer from Attorneys
Re: Number of Animals allowed in Independence MO
First, you need to board one of your dogs (or outplace it for a month or so).
Next, one solution might be found in the restrictive covenants in your subdivision. If your subdivision has covenants you can find this out at the Recorder of Deeds office. If the covenants forbid the kind of behavior that you find offensive, you can sue on your behalf to enforce the covenants. Keep in mind that sometimes these covenants have other restrictions that might be enforced against you. For example, there may be restrictions on satellite dishes, etc. Those were popular in the 80s and 90s.
If you have covenants and they can be enforced, you can hire a lawyer to send a demand letter to the family in the other house and tell them they have 14 days to comply or you'll sue them. If they don't carry through with your threat and sue for an injunction requiring them to comply. It will cost a little money ($1,000 - $3,000) but it will be worth it. I did this myself in my subdivision two years ago and threw out a worthless neighbor. I would be happy to send your lawyer my pleadings if he wanted to have them.
Of course, every time you get cited for three dogs, they have to get cited for the same violation. So you could outplace your dog and start calling every other day on their three dogs. They'll get tired of that before long and maybe you can work out a truce. But you just never know.
Also, you do not have to admit the animal control officer without a warrant. If he asks to come in, say No and close the door. He can't cite you if he can't see the dogs. If you make him get a warrant, you can throw one of your dogs over the back fence and when he comes back, you'll only have two. More importantly, he isn't going to go get a warrant (in my experience) unless he is a complete jerk.
But you should hire an attorney and discuss this with him at length. Jeff Carey (two four six, nine four four five) in Lee's Summit is a great attorney and could likely handle this matter for you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
