[R.O. 2006 §240.010; Ord. No. 1022 §1, 9-21-1987; Ord. No. 3459 §§3 — 4, 8-28-2014]
The words "dog" and "cat," as used in this Chapter, shall be intended to mean both male and female, singular and plural. The words "permitted fowl" as used in this Chapter shall mean domesticated ducks and chicken hens only (and not including roosters or geese). The word "owners" shall be intended to mean any person or persons, firm, association or corporation owning, keeping or harboring a dog, cat or permitted fowl. The words "at large" shall be intended to mean off the premises of the owner, and not under the control of the owner or a person who has custody of said dog, cat or permitted fowl with the owner's consent, either by leash, cord, chain or otherwise not exceeding eight (8) feet in length, so as to effectively prevent the dog, cat or permitted fowl from biting, molesting, being with or approaching any other animal or person. When "animal" is used in this Chapter, it shall be deemed to include permitted fowl.
Editor's Note: Section 2 of this ordinance also amended the title of this Chapter, which was formerly Dog and Cat Regulations.
[R.O. 2006 §240.020; Ord. No. 1022 §1, 9-21-1987; Ord. No. 3459 §§3 — 4, 8-28-2014]
It shall be unlawful for any person owning or having in his/her custody any dog, cat, or permitted fowl to permit the same to go at large, whether such dog or cat is licensed or unlicensed, nor shall such dog, cat, or permitted fowl be allowed to be or go at large upon the streets or other public ways of the City and such action is declared to be a nuisance and a danger to the public health and safety.
[R.O. 2006 §240.030; Ord. No. 1022 §1, 9-21-1987]
Every person residing within the City who owns, controls, manages or has part interest in any dog or cat at any time during the year or who permits such animal to come upon, on or in and to remain in and about his/her home, place of business or other premises within the City shall have such dog or cat inoculated by a competent veterinarian against hydrophobia or rabies at least once every twelve (12) months provided however that if such animal is inoculated with an approved three (3) year inoculation such animal need be inoculated only every three (3) years.
[R.O. 2006 §240.050; Ord. No. 1022 §1, 9-21-1987]
- DANGEROUS ANIMAL
- Any animal that constitutes a physical threat to human beings or other animals; that has a disposition or propensity to attack or bite any person or other animal without provocation; that is wild by nature and of a species which, due to size, vicious nature or other characteristics, constitutes a danger to human life, physical well-being or property; or that has been known to bite or attack a human being or domestic animal, without provocation one (1) or more times.
[R.O. 2006 §240.060; Ord. No. 1022 §1, 9-21-1987; Ord. No. 1912 §1, 11-20-1995]
If it is determined by a Police Officer that an animal is a dangerous animal, the Police Officer shall notify the property owner to immediately securely confine such dangerous animal indoors or in a securely enclosed and locked pen. If the property owner fails to comply, or if the property owner is not available and it is determined that such animal is endangering the well-being of others, such animal may be removed from the property by the Police Officer and impounded.
[R.O. 2006 §240.070; Ord. No. 1031 §1, 10-19-1987; Ord. No. 3459 §§3 — 4, 8-28-2014]
Except for dog kennels as regulated by the Zoning Ordinance of the City, no owner shall own, keep or harbor more than three (3) dogs over the age of four (4) months. There is no limit on the number of permitted fowl for property being used for a single-family dwelling, as defined by Code Section 400.030, as long as such permitted fowl do not cause a nuisance, except on any property being used for a single-family dwelling in the R-3 and R-4 Districts, no more than a total of six (6) permitted fowl shall be permitted.
[R.O. 2006 §240.080; Ord. No. 1022 §1, 9-21-1987]
No person shall keep, harbor, own or in any way possess within the City, any pit bull dog, provided that pit bull dogs residing in the City on September 21, 1987 may be kept within the City subject to the standards and requirements herein set forth. "Pit bull dog", as used in this Section, means:
The bull terrier breed of dog;
The Staffordshire bull terrier breed of dog;
The American pit bull terrier breed of dog;
The American Staffordshire terrier breed of dog;
Dogs of mixed breed or of breeds other than those listed in this Subsection, which breed or mixed breed is known as pit bull, pit bull dog or pit bull terrier; and
Any dog which has the appearance and characteristics of being predominantly of the breed of bull terrier, Staffordshire bull terrier, American pit bull terrier or American Staffordshire terrier or any other breed commonly known as a pit bull, pit bull dog or pit bull terrier, or a combination of any of these breeds.
Pit bull dogs residing in the City at the time of passage of this Section may be kept by their owners within the City, subject to the following standards:
Registration. Pit bull dogs residing in the City on September 21, 1987, must be registered with the City by the owners within ten (10) days of the passage of this Section.
Leash and muzzle. No person shall permit a pit bull dog to go outside its kennel or pen unless such dog is securely leashed with a leash not longer than four (4) feet in length. No person shall permit a pit bull 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 a dog may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, a pit bull dog 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.
Pens and kennels. All pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leased and muzzled as provided in Sub-paragraph (B)(2) hereof. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine pit bull 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 not less than two (2) feet. All structures erected to house pit bull dogs must comply with all zoning and building regulations of the City. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
Confinement indoors. No pit bull may be kept on a porch or 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 structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
Signs. All owners, keepers or harborers of pit bull dogs within the City shall, within ten (10) days of September 21. 1987, display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog-Pit Bull". In addition, a similar sign shall be posted on the kennel or pen of such animal.
Insurance. All owners, keepers or harborers of pit bull dogs within the City shall, within ten (10) days of September 21, 1987, provide proof to the City of public liability insurance in a single incident amount of fifty thousand dollars ($50,000.00) for bodily injury to or death of any person or for damage to property owned by any person which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days written notice is first given to the City.
Photographs. All owners, keepers or harborers of registered pit bull dogs shall, within ten (10) days of September 21, 1987, provide to the Deputy Clerk two (2) color photographs (two different poses) of the animal clearly showing the color and approximate size of the animal.
Reporting requirements. All owners, keepers or harborers of pit bulldogs shall, within ten (10) days of any incident, report the following information in writing to the Deputy City Clerk:
Sale or transfer of ownership prohibited. No person shall sell, barter or in any other way dispose of a pit bull dog registered with the City to any person in the City unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such dog, provided that the registered owner of a pit bull dog may sell or otherwise dispose of a pit bull dog or the offspring of such dog to a person who does not reside in the City.
Animals born of pit bull dogs. All offspring born of pit bull dogs registered with the City must be removed from the City within six (6) weeks of the birth of such animals.
Irrebuttable presumption. There shall be an irrebuttable presumption that any dog registered with the City as a pit bull dog or any of those breeds prohibited by this Section is in fact a dog subject to the requirements of this Section.
Failure to comply. No owner, keeper or harborer of a pit bull dog registered with the City shall fail to comply with the requirements and conditions set forth in this Section. Any dog found to be the subject of a violation of this Section shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal resulting in the immediate removal of the animal from the City.
A person is guilty of animal neglect when he/she has custody or ownership or both of an animal and fails to provide adequate care or adequate control which results in substantial harm to the animal.
A person is guilty of animal abandonment when he/she has knowingly abandoned an animal in any place without making provisions for its adequate care.
Animal neglect or animal abandonment are ordinance violations. For a first (1st) offense of either violation, a term of imprisonment not to exceed fifteen (15) days, or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. For a second (2nd) or subsequent violation of either offense, a term of imprisonment not to exceed ninety (90) days, or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. All fines and penalties for a first (1st) conviction of animal neglect or animal abandonment may be waived by the court provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned animals may not be waived.
In addition to any other penalty imposed by this Section, the court may order a person found guilty of animal neglect or animal abandonment to pay all reasonable costs and expenses necessary for:
The care and maintenance of neglected or abandoned animals within the person's custody or ownership;
The disposal of any dead or diseased animals within the person's custody or ownership;
The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and
The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.
A person is guilty of animal abuse when a person:
Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of Sections 578.005 to 578.023 and 273.030, RSMo.;
Purposely or intentionally causes injury or suffering to an animal; or
Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.
Note — Under certain circumstances this offense can be a felony under state law.
A person commits the offense of knowingly releasing an animal if that person, acting without the consent of the owner or custodian of an animal, intentionally releases any animal that is lawfully confined for the purpose of companionship or protection of persons or property or for recreation, exhibition or educational purposes.
As used in this Section, "animal" means every living creature, domesticated or wild, but not including Homo sapiens.
The provisions of this Section shall not apply to a public servant acting in the course of such servant's official duties.
[R.O. 2006 §205.105; Ord. No. 1508 §§1 — 2, 7-15-1991; Ord. No. 2463 §3, 4-15-2002]
Any person in physical possession and control of any animal shall remove excreta or other solid waste deposited by the animal in any public or private area not designated to receive such wastes, including but not limited to streets, sidewalks, parking lots, public parks or recreation areas and private property. The provisions of this Subsection shall not apply to a guide dog accompanying any blind person.
The keeping of a dog or any other animal which emits any barking or other animal noises which produce actual physical or mental discomfort to a normal person of ordinary sensibilities, tastes and habits is hereby prohibited.
[Ord. No. 3459 §§3 — 4, 8-28-2014]
No person owning or having charge of any animals shall allow or permit the keeping of such animals to give forth or cause any ill-smelling, nauseous or obnoxious odors; provided that if such person owning or having charge of any animals, so causing or creating any such odor, shall cure and entirely alleviate such odor within five (5) days after service of notice to cure and entirely alleviate such odor by the City or Police Department. If the person cures such odor within five (5) days of receiving such notice, no punishment or fine shall be imposed against the person. Each day such odor exists after the expiration of the five (5) days from the service of such notice shall constitute a separate offense.