City of Shrewsbury, MO Chapter 230 Animal Regulations

Section 230.010 Definitions.

[CC 1976 §230.010; Ord. No. 1291 §1, 10-25-1977; Ord. No. 1503 §1, 6-14-1983]

The following words and phrases when used in this Chapter shall for the purpose of this Chapter have the meanings respectively ascribed to them in this Section.

ANIMAL

All types, species or varieties and shall include, but not be limited to, alligators, bees, cattle, cats, chickens, crocodiles, dogs, ducks, geese, goats, hogs, horses, kittens, mules, pigs, puppies, rabbits, sheep, turkeys, and reptiles, including but not limited to poisonous and non-poisonous snakes and lizards or any other fish or reptile which could be harmful to any person or persons and shall also mean all species of poultry or fowl other than common household birds, including but not limited to, canaries, parakeets and parrots which shall be kept in an enclosed cage inside a building.

AT LARGE

Off the premises of the owner's real property and not under restraint of a competent person.

CAT

All domestic species or varieties of the genus felis, male or female, six (6) months of age or older.

CERTIFICATE

The certificate issued, under the St. Louis County Rabies Control Code, at the time of vaccination, and bearing the signature of the vaccinator, the registration number, the name, color, breed and sex of the animal, the name and address of the owner, the date of the vaccination and type of vaccination administered.

CHICKEN EMBRYO ORIGIN VACCINE

Vaccine which is manufactured using the embryo of the chicken as a growth medium and also known as Flury Strain Vaccine.

COMPETENT PERSON

A human being who is capable of controlling and governing the animal in question, and to whose commands such animal is obedient.

COURT

The Municipal Court of the City.

DOG

All domesticated members of the canis familaris, male or female, six (6) months of age or older.

EUTHANIZE

To put to death in a humane manner.

EXPOSED TO RABIES

Any animal, whether it has been registered or vaccinated for rabies or not, which has been bitten, been fighting with or has consorted with an animal known or suspected to have rabies or showing objective symptoms of rabies.

HEALTH DEPARTMENT, COMMISSIONER, OR HEALTH COMMISSIONER

The Department of Public Health of St. Louis County, Missouri, or the Commissioner of Public Health of St. Louis County, or any person, persons or agent employed by the County Health Commissioner to enforce the St. Louis County Rabies Control Code.

HOUSEHOLD

Those members in a family, including servants and attendants, living in the same dwelling unit.

IDENTIFICATION TAG

A metal tag permanently attached to the dog collar upon which the owner's name, address, and telephone number is permanently lettered.

IMPOUND

The apprehending, catching, trapping, netting, tranquilizing, confining or, if necessary, the destruction of any animal by the Health Commissioner or his/her agent, or by an employee or agent of the City.

IMPOUNDING FACILITIES

Any premises designated by the Board of Aldermen for the purpose of impounding and caring for all animals in violation of this Chapter.

KITTEN

All domestic species or varieties of the genus felis, male or female, under the age of six (6) months.

LICENSE

A certificate issued by the City bearing thereon the rabies vaccination-registration number, the name, color, breed, and sex of the dog, the name and address and telephone number of the owner, the date of vaccination, the type of vaccine administered (1 year or 3 years), the license issue date, the signature of the owner, and the license fee paid. Any dog neutered after the license date shall be relicensed the following year at the discounted rate.

LIVESTOCK

Domestic animals kept for use on a farm or raised for sale and profit.

NERVE TISSUE ORIGIN

Vaccine which is manufactured, using tissue of the nervous system as a growth medium.

NUISANCE DOG

Any dog which is the subject of written and signed complaints of similar nature from three (3) different households within a three (300) hundred foot radius of the household of the dog in question, or two (2) different such households plus one (1) authorized City agent. The three (3) complaints must be made within a two (2) year period of time.

OWNER

Any person, firm or corporation which owns, harbors, shelters, keeps, controls, manages, possesses, or has part interest in any dog, cat, animal or kennel in the City. The occupant of any premises on which a dog or cat remains for a period of seven (7) days or to which it customarily returns for a period of ten (10) days is presumed to be harboring, sheltering or keeping the aforementioned dog, cat or animal and is deemed to be an owner within this definition. Under no circumstances are the normal and ordinary accepted definitions of the terms harboring, sheltering or keeping to be limited to the words of the aforementioned presumption. If a minor owns a dog, puppy, cat, kitten or animal subject to the provisions of this Chapter, the head of the household of which such minor owner is a member shall be deemed to be the owner of such dog, puppy, cat, kitten or other animal for purposes of this Chapter, and under this Chapter shall be responsible as the owner, whether or not such household head is himself/herself a minor. If not a member of a household, such minor owner himself/herself shall be directly subject to the provisions of this Chapter.

PUP OR PUPPY

All domesticated members of the canis familaris, male or female, under six (6) months of age.

RESTRAINT

1. Controlled by a line or leash not more than six (6) feet in length, when the line or leash is held by a competent person; or,

2. Within an enclosed vehicle which is parked, stopped or driven; or,

3. Within a fenced yard, dog run or other enclosed or fenced place which fence shall be sufficient to restrict an animal from escaping from within the enclosed or fenced place; or,

4. In the control of a competent person actively engaged in obedience training and to whose commands there is obedient response by the animal;

5. Controlled by a chain attached to an immovable fixture on the owner's real property, when said chain prevents the dog from leaving the owner's real property.

VACCINATE

The injections, by a veterinarian or his/her authorized agent, of a specified dose of anti-rabies vaccine into the body of an animal, such vaccine having the U.S. Government license number approval stamped on the label of the vaccine container and having been approved by the Health Commissioner. Vaccine used for vaccination of animals shall be stored and kept under conditions proper for the vaccine and shall show no signs of spoilage or otherwise be unfit for producing immunity against rabies.

VACCINATION REGISTRATION

The procedure of vaccinating for rabies and issuing an identification number and an appropriate certificate under the St. Louis County Rabies Control Code. The above words shall be interchangeable.

VETERINARIAN

Any veterinarian, holding a current Missouri License and operating on a participating basis with the Health Department, as required by the St. Louis County Rabies Control Code.

VICIOUS ANIMAL

A vicious animal shall mean any animal(s) which, unprovoked, overtly threatens, attacks, bites or injures any human being or domestic animal, and demonstrates a propensity to perform such behavior without provocation. Such animal shall be deemed a vicious animal only after such a determination is made by the City, subsequent to an investigation, set forth in Section 230.150. An animal protecting its owner's property by threatening, attacking, biting or injuring a person engaged in a willful trespass, tort, or criminal activity upon said property shall not be determined vicious solely as a result of such incident. A dog biting a person engaged in criminal activity shall not be labeled vicious as a result of such biting.

[Ord. No. 3000, 1-26-2021[1]]

[1] Editor's Note: Ord. No. 3000 also changed the defined term from "Vicious Dog Or Vicious Cat" to "Vicious Animal."

Section 230.020 Number of Animals Limited.

[CC 1976 §230.020; Ord. No. 1291 §§2—3, 10-25-1977; Ord. No. 1503 §2, 6-14-1983; Ord. No. 2659 §1, 3-27-2012]

A. No person, firm, business, or corporation shall own, harbor, shelter, manage, keep, control, or possess any domestic or undomestic animal upon any premises either public or private within the City, subject however to the following exception:

1. Two (2) dogs, and/or their offspring, as defined under Section 230.010.

2. Two (2) cats, and/or their offspring, as defined under Section 230.010.

3. One (1) dog and one (1) cat and/or the pup or kittens thereof as defined in Section 230.010.

4. Common household birds limited to canaries, parakeets, parrots, doves, and the like which are restrained by an enclosed cage.

5. Household animals limited to hamsters, gerbils, and guinea pigs which are restrained by an enclosed cage.

6. Tropical fish which are accepted as not dangerous or harmful to human beings or the national wildlife.

7. Animals used for parades, shows, or demonstrations; providing the City has authorized the event.

8. A duly licensed pet shop shall be excluded from the provisions of this Chapter in the operation of such pet shop, but any owner or proprietor of such pet shop shall be subject to the provisions of this Chapter in all instances other than the operation of the pet shop.

9. Five (5) chickens as provided for and regulated by Section 230.055.

Section 230.030 License Tag Requirements.

[CC 1976 §230.030; Ord. No. 1291 §§6, 25—27, 10-25-1977; Ord. No. 1503 §3, 6-14-1983; Ord. No. 2934, 9-11-2018]

A. License Tag And Fees. All dogs and cats are required to be licensed with the City each year. Owners of dogs and cats shall hold the license for the full period of issuance, and shall present the license to any authorized agent of the City upon request. The license fee and replacement license fee shall be five dollars ($5.00) per annum for each dog and cat. A license tag shall be issued at the time the above fees are paid for each animal.

B. Seeing-Eye Dog License. There shall be no charge for a license for any dog duly certified as a seeing-eye dog which has been properly trained to assist blind persons when any such dog is actually being used by a blind person as a seeing-eye dog.

C. Attack Dog License. Any person, firm, business, or corporation owning, harboring, keeping, sheltering, managing, controlling, or possessing any attack trained dog shall be required to state such facts at the time of license application, and shall be required to prove medical insurance protection in the amount of ten thousand dollars ($10,000.00) per biting occurrence.

Section 230.040 Vaccination Requirements.

[CC 1976 §230.040; Ord. No. 1291 §§7,8,20, 10-25-1977]

A. Vaccination Required. Every person who owns any dog or cat, that is kept any time during the year at any place within the City, or who permits a dog or cat to come upon property in the City, or to remain in or about his/her home, place of business or other premises in the City, shall have such dog or cat vaccinated against rabies and registered as provided in the St. Louis County Rabies Control Code.

B. Frequency. All dogs and cats must be vaccinated at least once a year if a Nerve Tissue Origin Vaccine is used, or once every three (3) years if a Chicken Embryo or other three (3) year type vaccine, approved by the Health Commissioner is administered. If other vaccine, approved by the Health Commissioner is administered, then at the frequency approved by the Health Commissioner.

C. Vaccination Registration Tag. Every dog and cat which has been vaccinated in accordance with the provisions of the St. Louis County Rabies Control Code shall at all times wear the registration tag in the manner therein prescribed.

D. Current Tag Required. No owner shall own any dog or cat unless such dog or cat has been vaccinated against rabies and wears a current, unexpired registration tag. The owner shall possess a certificate issued in accordance with the provisions of the St. Louis County Rabies Control Code.

E. Imported Dog Vaccination. No person shall bring into the City any animal which has not been vaccinated in accordance with the requirements of this Chapter.

Section 230.050 Identification Tags.

[CC 1976 §230.050; Ord. No. 1291 §5, 10-25-1977]

Dog owners are encouraged to have dogs wear an identification tag at all times.

Section 230.055 The Domestic, Private Raising of Chickens.

[Ord. No. 2658 §1, 3-27-2012; Ord. No. 2663 §1, 5-22-2012]

A. Definitions. For the purposes of this Section, the following words and phrases shall have the meanings respectively ascribed to them:

ANNUAL PERMIT

A permit authorizing an individual to raise chickens domestically for private, non-commercial uses for a term beginning on January first (1st) each year and ending on December thirty-first (31st) of the following year.

CHICKEN

Female domestic members of the genus Gallus not used for slaughter, which are maintained for private, non-commercial and non-breeding use.

COOP

The entirety of the enclosure within which chickens are proposed to be maintained or actually maintained.

TEMPORARY PERMIT

A forty-five (45) day permit issued to an approved applicant for the building of a coop in accordance with the specifications set forth in said permit.

B. Authorization. No person may keep upon his/her premises any chicken except as explicitly provided for in this Section.

C. Application Process—Temporary Permit—Annual Permit Renewal.

1. Any person owning a single-family dwelling desiring to keep any chicken within the City limits may file a written application for a temporary permit with the City Clerk. The cost of the application shall be twenty dollars ($20.00) and shall be non-refundable.

2. The application must include a description of the location and the specific facilities to be provided with respect to the coop, the square footage of the applicant's premises to be devoted to the proposed coop, the number of chickens to be kept within the coop, the purpose of said keeping, and the names and telephone numbers of at least two (2) persons who can respond to any emergency involving the chickens in the owner's absence.

3. The application must additionally include a drawing illustrating the applicant's property lot bounds and dimensions, and its existing buildings and accessory structures along with their respective dimensions and site orientation. Furthermore, the application must include a description of the coop's dimensions, structure, and materials along with a drawing depicting the orientation of the coop footprint in relation to the side property lines, the rear property line, the primary building's footprint, and distance to any portion of any nearby dwelling, residence or living quarters of persons other than the applicant.

4. Upon receipt of the application, the City Clerk or his or her designee will review the application to determine its compliance with the provisions of this Section and will issue or deny the temporary permit to begin building the coop. Any denied applicant may appeal the decision of the City Clerk or his or her designee to the Board of Adjustment within ten (10) business days of the City Clerk or his or her designee's issuance of said temporary permit, which may affirm, reverse or modify the decision of the City Clerk or his or her designee. A timely appeal so lodged will stay the effectiveness of the City Clerk or his or her designee's issuance of the temporary permit until the Board of Adjustment renders its decision.

5. Upon receiving the temporary permit, the applicant must build the coop according to the guidelines specified within this Section within forty-five (45) days, unless a stay is entered as contemplated in Section 230.055(C)(4), in which case the applicant must build the coop according to said guidelines within forty-five (45) days of the Board of Adjustment's decision. Upon completion of the coop's construction, the permit holder must notify the City Clerk's office, which will schedule an inspection to be conducted by the Code Enforcement Officer of the City. If the City Clerk's office has not received a notice of construction completion and request for final inspection within the forty-five (45) day timeframe, the temporary permit shall be considered null and void. Upon passage of the final inspection, the applicant may apply for an annual permit.

6. The annual permit shall cost ten dollars ($10.00). Each annual permit fee shall be due and payable by January first (1st) of any given year. Annual permits granted during the year will be subject to renewal on January first (1st) and will not be pro-rated.

7. All annual permit fees provided for in this Section shall be deemed delinquent if not paid by January first (1st). Any renewal application received after January first (1st) shall be subject to an additional twenty-five dollar ($25.00) late fee. If the renewal fee and late fee are not received by February fist (1st), the applicant will be raising chickens without a valid license and will be subject to citation and immediate removal of said animals.

8. An annual permit may be revoked at any time, without a hearing, if the City determines in its sole discretion that an infectious avian agent of potential significant co-pathogenicity, such as avian flu, is identified within the continental United States. At such time, the owner shall take such steps as health officials of the County, State or Federal government instruct with regard to the quarantine or destruction of any such chicken or coop.

9. Except as provided in Subsection (8) above, if the holder of an annual permit allows an unsanitary condition, or any violation of this Section to exist for more than fourteen (14) calendar days after notice from the City, then such permit for raising chickens may be revoked after hearing, upon a determination by the City Clerk or his/her designee, that said chickens or coop are being maintained in an unsanitary condition, or in violation of this Section, or other laws applicable to said chickens or coop. All chickens and coop must be disposed of or removed from the City not more than fourteen (14) calendar days following receipt of notice of revocation after hearing, unless circumstances warrant earlier removal in the sole discretion of the Board of Aldermen.

10. Annual permits granted under this Section may not be transferred upon sale, gift, or otherwise from a permitted owner to a new owner.

D. Lot Requirements—Required Facilities—Running At Large Prohibited.

1. Chickens shall be limited to parcels that are zoned as single-family residential and have an occupancy permit issued for the same. A maximum of five (5) chickens shall be allowed per parcel of land. Roosters shall be prohibited.

2. All chickens permitted to be kept in the City shall be securely restrained and enclosed in a chicken coop, upon the premises of the owner, and shall not be permitted to be at large at any time. No parcel shall house more than one (1) coop. The coop must be located in the rear yard (may not be located in the side yard) and must conform to the provisions of Subsection 405.050(A) as an accessory building in addition to the following setback provisions: it must remain a minimum of fifteen (15) feet from the side property lines and ten (10) feet from the rear property line. Areas containing any chicken coop and any appurtenances thereto must either be of level grade or graded in a direction away from the property line preventing run off to adjacent property.

3. The coop must be located outside the side and rear setback areas as defined by the Shrewsbury Municipal Code and may not be nearer than twenty-five (25) feet to any portion of any dwelling, residence or living quarters of persons other than that of the property owner and may not be nearer than twelve (12) feet to any portion of the dwelling, residence or living quarters of the property owner. The coop may not exceed a total of forty (40) square feet of floor space (all levels combined) and may not exceed six (6) feet in height. The coop must allow a minimum of two (2) square feet of coop floor space per chicken and the coop may not exceed two (2) vertical levels.

4. The coop shall be completely enclosed including a roof to prevent chickens from escaping the coop. Coops shall also be designed and maintained in such a way as to be impermeable to rodents, wild birds, and predators, including, but not limited to, cats, coyotes, dogs, raccoons and skunks. Coops must consist of a sound structure as determined by the City Clerk and must maintain continuity of building materials.

5. The feed and any other food sources provided to the chickens shall be stored in predator-proof containers.

E. Maintenance And Sanitary Conditions And Noise Pollution.

1. All chicken coops and any appurtenances thereto where any domestic animals permitted by the City are kept on either a temporary or a permanent basis shall be maintained so that the premises is in a clean and sanitary condition and free from standing water and all obnoxious smells or substances at all times; otherwise they shall be deemed to be a public nuisance. The owner of the premises and the tenant and custodian must promptly comply with orders of the City and/or the St. Louis County Department of Health in respect to any unsanitary condition found to exist in their sole discretion.

2. The presence of numerous flies or the presence of fly larvae in the vicinity of any such premises, enclosures or structures shall be evidence of a lack of sanitary maintenance of the premises, and shall constitute a public nuisance.

3. Where manure will remain on the premises in excess of twenty-four (24) hours, a fly-proof receptacle shall be provided for containing such manure. Any unnecessary accumulation of debris, refuse, manure or other removable material upon any surface within any such enclosed area or premises, or within any structure used or intended to be used for the housing of chickens shall be evidence of a lack of sanitary maintenance of the premises, and shall constitute a public nuisance.

4. Any obnoxious odor or allergen arising from any condition existing within the enclosure or within any structure used or intended to be used for the housing of chickens shall be evidence of a lack of sanitary maintenance of the premises, and shall constitute a public nuisance.

5. All premises, enclosures or structures used or intended to be used for the keeping or housing of chickens shall be thoroughly cleaned and all debris, refuse, manure or other removable material shall be removed therefrom as often as may be necessary to effect satisfactory compliance with the provisions of this Section.

6. Deceased domestic animals and fowl must be disposed of either through burial or incineration in accordance with Federal, State, City, and County regulations.

7. All coops, enclosures, refuse containers, and all feed containers intended for the use of chickens shall be constructed, maintained and kept in such a manner as to be completely rodent proof. The floors of every such enclosure shall be smooth and tight, and maintained so as to prevent accumulation of filth or water or harboring of vermin thereunder.

8. If the noise level of the chickens kept on a parcel of land reaches an unreasonable degree so as to cause an unreasonable disturbance to surrounding neighbors in the sole discretion of the City Clerk, it shall constitute a public nuisance.

F. Cruelty To Animals Prohibited. No person may ill-treat, torment or unnecessarily or cruelly beat or needlessly mutilate or kill any animal within the City, and no person may cause or procure any animal to be ill-treated, tormented, or unnecessarily or cruelly beaten or needlessly mutilated or killed.

G. Right Of Entry For Officials And Assigns. As a condition of each annual permit issued hereunder, animal control officers, the officials of the City, the officials of the St. Louis County Department of Health, or any other person, firm, corporation, organization or agency with which the City has contracted according to the provisions of this Article, and Police Officers, while in pursuit of any chicken or other domestic animal running at large, or otherwise determining compliance with this Section shall have the right of entry to any lots or lands, including those of the owner of such domestic animal, for the purpose of collecting any domestic animal found in violation of this Section or otherwise determining compliance with this Section.

H. Interference With Enforcement Officials. Any person who shall interfere with or obstruct a City Official in the reasonable performance of his or her duty in apprehending any domestic animal or investigation under this Section, or any person who shall refuse to deliver up his or her domestic animal or fowl, upon request by a proper City Official, whenever such official has reasonable cause to believe that such animal is unlicensed or such annual permit for keeping the animal has been revoked under the provisions of this Section, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as hereinafter provided.

I. Violation And Penalty. Any person found violating any provisions of this Section shall be subject to enforcement pursuant to the provisions of Section 230.230.

Section 230.060 Right of Entry.

[CC 1976 §230.060; Ord. No. 1291 §§9,19, 10-25-1977]

A. No person shall conceal an animal or interfere with the Health Commissioner, his/her designees, or any other person designated by the Board of Aldermen in the performance of their duties, as provided in this Chapter.

B. The Health Commissioner, his/her designees or any other person designated by the Board of Aldermen shall have the right of entry onto any unenclosed lots or lands unless objected to by the owner of such lots or lands for the purpose of collecting any animal deemed to be at large, which is on such lot or lands, in violation of this Chapter.

C. The Health Commissioner, his/her designees, or any other person designated by the Board of Aldermen shall have the right of entry to any property or premises whether open or closed during the period of any quarantine for purpose of examining or obtaining any animal suspected of having rabies, having been exposed to rabies, or having bitten a person or other animal.

D. No person, when requested to do so, shall refuse to deliver to the Health Commissioner or any person designated by the Board of Aldermen, any animal subjected to rabies.

Section 230.070 Impounding Generally.

[CC 1976 §230.070; Ord. No. 1291 §§10—12, 18, 10-25-1977]

A. Violations. The Health Commissioner or his/her designees or any other person designated by the Board of Aldermen shall have the power to catch, confine, and impound any animal or animals, as follows:

1. Animals wearing an expired or invalid vaccination registration tag;

2. Animals not wearing a vaccination registration tag;

3. Any animal which does not exhibit a valid vaccination-registration tag issued by the City or St. Louis County, and which reveals the symptoms of any disease or injury, clearly not those of rabies, as determined by the Health Department, or by any person designated by the Board of Aldermen, may be subjected to impoundment as herein defined.

4. All female animals not securely confined in an enclosed place or under restraint, as herein defined, while in season;

5. All animals which are at large;

6. All animals infected or suspected of being infected with rabies and all animals exposed to or infected with rabies, including animals known to have been bitten by a rabid animal, whether the animal to be impounded is running at large or on a leash, or whether it is confined to its owner's premises;

7. All confined, unleashed, or unrestrained animals with vicious propensities;

8. Animals not vaccinated for rabies within the previous twelve (12) months with nerve tissue vaccine, nor vaccinated within the preceding thirty-six (36) months with Chicken Embryo or Flury Strain vaccine, or if another vaccine approved by the Health Commissioner was used, an animal not vaccinated within the preceding time period approved by the Health Commissioner as the duration of effective protection against rabies which that vaccine gives;

9. Unconfined animals in quarantined areas; and

10. Animals which have bitten a person or animal, or which have been bitten by a dog or animal suspected of having rabies, or have been exposed to rabies.

B. Exemptions. No animals shall be exempted from the provision of Subsection (A)(4—10) inclusive by virtue of vaccination, tags or a vaccination-registration certificate.

C. Location. Any dog or other animal impounded in accordance with this Chapter shall be impounded in the County Rabies Shelter, or at any other location designated by the Board of Aldermen.

D. Disposition.

1. Every animal impounded under provisions of this Chapter, which is found upon arrival at the pound to be diseased or injured, and whose owner is unknown or whose owner relinquishes ownership in writing, shall be immediately euthanized. Owners of impounded animals wearing identification tags shall be notified by the County Rabies Shelter within twenty-four (24) hours of such impoundment.

2. Any animal captured or impounded under the provisions of this Chapter determined by the Health Commissioner not to be infected with rabies may be redeemed by the owner or other person having the right of possession of such animal upon the presentation of a proper vaccination certificate and payment of any shelter service fees charged by the County Rabies Shelter and applicable fines as provided for in Section 230.220.

3. Any impounded animal determined by the Health Commissioner not to be infected with rabies or other disease, but for which no proper vaccination certificate shall be produced may be returned to the owner, but only after vaccination and the issuance of a license, after payment of the fees to cover the costs of said vaccination and license and the fee for the shelter service.

4. If an impounded animal is not claimed in the manner provided herein, within five (5) days after its capture, such animal shall be disposed of by euthanasia or placed for adoption.

Section 230.080 Running At Large Prohibited — Exceptions.

[CC 1976 §230.080; Ord. No. 1291 §§4, 15—17, 10-25-1977]

A. Prohibited. All dogs shall be restrained at all times, except those used in an official capacity by any recognized law enforcement agency acting in an official capacity.

B. Dogs In Season Confined. All female dogs in season and all puppies shall be confined in such a manner so as to prevent direct contact with other dogs during the entire duration of its season.

C. Exceptions.

1. No person shall permit any animal, whether vaccinated or not, to run at large or to go off the premises of its owner unless such animal is under restraint as herein defined.

2. In a prosecution charging a violation of Subparagraph (1), proof that an animal was running loose, together with proof that the defendant named in the complaint was, at the time described in the complaint, the owner of the animal, shall constitute a rebuttable presumption that the owner was the person who permitted such animal to run at large.

3. The provisions of Subsection (1) shall not apply to bloodhounds or other dogs used for tracking in conjunction with police activities, or to dogs of the Canine Corps of a Police Force of any City located in St. Louis County, of the St. Louis County Police, Missouri State Highway Patrol, of any Federal law enforcement agency, or of any branch of the Armed Forces of the United States, while being used to conduct official business, or while being used for official purposes.

Section 230.090 Report and Suspicion of Rabies.

[CC 1976 §230.090; Ord. No. 1291 §13, a, f, 10-25-1977]

A. Report. Any person within the City shall report to the Health Department or the Police Department any information or knowledge concerning an animal which:

1. Exhibits clinical symptoms suggestive of rabies;

2. Has been exposed to rabies; or

3. Is suspected of having rabies.

B. Suspicion Of Rabies.

1. Any animal which exhibits objective symptoms suggestive of rabies may, after written certification to the owner by the Health Commissioner or such other person designated by the Board of Aldermen for the enforcement of this Chapter, be immediately impounded on or off the property of the owner. Such animal shall be held for ten (10) days at the impounding facilities designated by the Board of Aldermen for clinical observation and if alive at the termination of the ten (10) day period, shall be returned to the owner after the compliance with the provisions of Section 230.070 of this Chapter.

2. As an alternative procedure, the owner, at his/her own expense, may designate any veterinary hospital in St. Louis County wherein such animal is to be impounded and observed for a similar ten (10) day period.

3. If such animal dies during the observation period, regardless of location, the head shall be removed and submitted to a qualified laboratory for examination.

4. Prior to the release of any animal under clinical observation for rabies, all conditions of this Chapter shall be fulfilled.

Section 230.100 Exposure To Rabies — Quarantine.

[CC 1976 §230.100; Ord. No. 1291 §13, g, 10-25-1977]

A. Exposure To Rabies. Any animal, which has been exposed to rabies, shall be immediately destroyed unless the owner, at his/her expense, chooses one of the following alternative methods; Strict isolation in a kennel or animal hospital for six (6) months and during such time;

1. If no previous vaccination has been given to such animal within a period of three (3) years with Chicken Embryo (Flury Strain) vaccine, or within one (1) year, using vaccine of nerve tissue origin, or if other vaccine approved by the Health Commissioner was used and if the effective protection limit of the last such vaccination has passed, then such animal shall be placed on a schedule of immunization approved by the Health Commissioner.

2. If an animal has been vaccinated previously with another vaccine approved by the Health Commissioner, within the duration of the vaccine's effective protection as approved by the Health Commissioner, the animal shall be re-vaccinated and restrained by a leash or confined at home for thirty (30) days.

B. Quarantine. Whenever rabies becomes prevalent in the City, the Mayor shall, according to the necessity of the case, issue a quarantine order requiring every owner of any animal, whether vaccinated or not, within the City limits, to either have it humanely euthanized or securely confine such animal inside a building.

1. The order shall be published once in a paper of general circulation within the City and/or shall be posted in at least twenty (20) conspicuous places about the City.

2. Whenever, during a quarantine, it is necessary that an animal leave the confines of a home or other secure building, such animal shall be placed on a leash, no more than six (6) feet in length and under the direct physical control of a competent person, not less than fifteen (15) years of age.

3. The Mayor, by proclamation, may terminate any quarantine whenever, in his/her judgement, the necessity for it no longer exists.

4. Whenever any quarantine order is issued, the members of the Police Department or any other person designated by the Board of Aldermen may kill all animals running at large.

Section 230.110 Animal Bites — Report and Disposition.

[CC 1976 §230.110; Ord. No. 1291 §13, 10-25-1977]

A. Report. Any person bitten by an animal or the parent or guardian of any minor bitten by an animal shall report the occurrence to the Department of Health and the Police Department immediately.

The report shall contain the following:

1. The name and address of the owner and of the animal;

2. The day and time bitten;

3. The location where bitten; and

4. A general description of the animal.

B. Disposition. The owner of any animal which, without provocation, bites any person, shall be required to place such animal in the custody of the Health Department or the Police Department for confinement in a manner satisfactory to the Health Commissioner or Chief of Police for clinical observation. The confinement shall be in a manner that will prevent contact with people and other animals for a period of ten (10) days following the day of the bite. All expenses shall be borne by the owner of the animal.

1. If such animal develops clinical symptoms suggestive of rabies, it shall be allowed to die a natural death. If, for any reason, such animal should die while in confinement, its head shall be removed by a veterinarian and submitted to a qualified laboratory.

2. If, at the end of the ten (10) day period of observation, the animal is alive and healthy, it may be released to its owner.

3. All other conditions of this Chapter must be fulfilled prior to the release of any animal under clinical observation.

Section 230.120 Doctor's Report — Rabies and Bites.

[CC 1976 §230.120; Ord. No. 1291 §13, 10-25-1977]

A. Any physician shall report immediately to the Department of Health and Police Department, the full name, age and address of any person under his/her care or observation who has been bitten by an animal, irrespective of whether such animal is infected with rabies.

B. Any veterinarian treating or having under observation any animal infected with rabies, shall report to the Health Department and Police Department, the owner's name and address and, if the animal has been vaccinated, the vaccination-registration number.

Section 230.130 Habitual Barking.

[CC 1976 §230.130; Ord. No. 1291 §21, 10-25-1977]

No person shall own, keep or harbor upon his/her premises any nuisance dog as defined herein or any dog that, without provocation, exhibits loud, frequent or habitual barking, yelping or howling or constitutes a threat of attacking, biting or causing fear or annoyance to the neighborhood, or to persons passing upon the streets and sidewalks.

Section 230.140 Defecation On Private Property, Condominium Common Elements and Public Property — Prohibited.

[CC 1976 §230.131; Ord. No. 1624 §§1—2, 12-10-1985]

A. It shall be unlawful for any person owning, controlling, possessing or having the management or care, in whole or in part, of any animal, whether licensed or not, to allow or permit such animal to defecate upon any private property owned by another, condominium common elements, or public property, unless such person shall remove all feces so deposited by such animal.

B. Any person violating the foregoing Section, shall upon conviction thereof, be subject to a fine of not more than one hundred dollars ($100.00) or imprisonment not exceeding ninety (90) days, or both such fine and imprisonment as may be just.

Section 230.150 Report, Determination, And Removal Of Vicious Animals.

[CC 1976 §230.140; Ord. No. 1291 §23, 10-25-1977; Ord. No. 2446 §1, 11-9-2005; Ord. No. 3000, 1-26-2021[1]]

A. Procedure. Upon receipt of a written report that an animal has threatened, attacked, bitten or injured a human being or domestic animal, the City shall initiate an investigation that shall substantially adhere to the following guidelines:

1. Once a report is formally submitted to the City, the City Administrator or his/her designee (the "City Official") shall investigate the report and any substantiating evidence.

2. The City Official will notify the owner, if any, of the subject animal of the allegations and will provide said owner reasonable opportunity to rebut such claims, should the owner choose to do so. If the animal does not have a known owner, or one cannot be reasonably found, then the City will turn the animal over to St. Louis County's Department of Animal Care and Control.

3. The City Official may meet with both parties as necessary in order to obtain a sufficient understanding necessary to render a determination as to whether the animal is a vicious animal.

4. If the City Official determines that the animal is not a vicious animal, both parties will be notified accordingly, in writing.

5. If the City Official believes there is sufficient evidence that the animal is a vicious animal, then the City Official will make such determination and notify both parties of the determination by electronic or other correspondence.

6. Upon the issuance of this determination, the owner of the vicious animal will have thirty (30) calendar days to remove the vicious animal from the City (unless the owner timely files an appeal with the City Clerk as described in Section 230.150(C)), quarantining the vicious animal until said removal.

B. Criteria.

1. An animal can only be determined to be a vicious animal if:

a. The animal conducts the offending behavior on any property other than on that of its owner except as referenced in Subsection (B)(1)(a)(1) herein. This includes public sidewalks, public rights-of-way, public streets, all public lands and any other privately-owned property.

(1) If, however, the reporting party was overtly threatened, attacked, bitten or injured while on the owner of the animal's property in the course of performing authorized business, either with the consent or at the request of the property owner, or under the authorization of an authority having jurisdiction, then such incident can be utilized to define the animal as a vicious animal.

b. A reasonable person would consider the offending behavior as being:

(1) Generally aggressive;

(2) Unusually belligerent; or

(3) Constituting a pattern of behavior that is generally characterized as consistently and unreasonably antagonistic.

2. The severity of the threat, attack, bite or injury may be considered by the City Official.

3. A single incident may qualify as sufficient evidence to support a vicious animal determination.

C. Appeal.

1. In the event the City Official makes a determination that the animal is a vicious animal, the owner will have ten (10) business days from the date of such determination to file a written appeal of said determination with the City Clerk. This written appeal shall include a description of all basis for the owner's appeal.

2. The City Clerk will then file the written appeal with the Board of Aldermen and the Board of Aldermen will consider whether to affirm or reverse the determination of the City Official at its next regularly scheduled meeting.

3. In the event the Board of Aldermen affirms the decision of the City Official, the owner of the vicious animal will have thirty (30) calendar days to remove the vicious animal from the City, quarantining the vicious animal until said removal.

[1] Editor's Note: Ord. No. 3000 also changed the title of this Section from "Confining Vicious Animals" to "Report, Determination, And Removal Of Vicious Animals."

Section 230.160 (Reserved) [1]

[1] Editor's Note: Former Section 230.160, Vicious Animal — Disposition, was repealed 1-26-2021 by Ord. No. 3000. See now Section 230.150.

Section 230.170 Disposal of Animals.

[CC 1976 §230.160; Ord. No. 1291 §§28,13, 10-25-1977]

A. Rights Of Disposal. The Health Commissioner, his/her designee or any other person designated by the Board of Aldermen may dispose of any animal infected with rabies.

Such person shall have the power to:

1. Examine and impound any animal bitten by or exposed to any other animal infected with rabies;

2. Require the owners of such animals to take any necessary measures to prevent further spread of rabies; and,

3. Dispose of any exposed animal, if the necessary measures are not taken by the owners.

B. Report. Any person destroying an animal infected with rabies or suspected of being infected with rabies shall immediately notify the Health Department and the Police Department, and shall surrender the carcass of such animal upon demand.

The owner or custodian of any destroyed animal shall immediately provide the Health Department and the Police Department with full particulars thereof, including the time, date, location and the name and address of the owner or person having custody of any animal exposed to the destroyed animal.

C. Humane Treatment. It shall be unlawful for any person to treat any animal in his/her possession or control whether under impoundment or otherwise in other than a humane manner. All such animals shall be properly fed and cared for and if euthanized such euthanization shall be done in a humane manner. The disposition of all animals impounded under the provisions of this Chapter shall be reported to the Board of Aldermen in writing on a monthly basis.

Section 230.180 Parked Vehicles Containing Livestock — Prohibited.

[CC 1976 §230.170; Ord. No. 1291 §29, 10-25-1977]

It shall be unlawful for any person to stand, stop or park a vehicle containing livestock at any place within the City for a time longer than thirty (30) minutes.

Section 230.190 Molesting Animals — Prohibited.

[CC 1976 §230.180; Ord. No. 1291 §22, 10-25-1977]

It shall be unlawful for any person to catch, hunt or disturb any bird or the nest, eggs, young or brood of any bird and it shall be unlawful for any person to hunt small animals or birds with a dog or dogs or with any missile or weapon including but not limited to, stones, sticks, slingshots or guns.

Section 230.200 Animal Neglect — Penalties.

A. 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, including, but not limited to, knowingly abandoning an animal in any place without making provisions for its adequate care which results in substantial harm to the animal.

B. All fines and penalties for a first (1st) conviction of animal neglect may be waived by the court provided that the person found guilty of animal neglect shows that adequate, permanent remedies for the neglect have been made. Reasonable costs incurred for the care and maintenance of neglected animals may not be waived.

Section 230.210 Animal Abuse.

[CC 1976 §210.155; Ord. No. 1946 §23, 7-12-1994]

A. A person is guilty of animal abuse when that person:

1. Intentionally or purposely kills an animal in any manner not allowed by Missouri law; or

2. Purposely or recklessly causes injury, suffering, or pain to an animal; or

3. Abandons an animal in any place without making provisions for its adequate care; or

4. Overworks or overloads an animal, or drives or works an animal unfit to work; or

5. Has ownership or custody of an animal and willfully fails to provide adequate care or adequate control of said animal.

Section 230.220 Violation and Penalty.

[Ord. No. 2446 §3, 11-9-2005[1]; Ord. No. 2459 §1, 4-5-2006; Ord. No. 3000, 1-26-2021[2]]

Any person found violating the provisions of this Chapter shall be subject to the general penalty code of the Shrewsbury Municipal Code, Section 100.090, General Penalty, in addition to the removal requirements described herein.

[1] Editor's Note—Ord. No. 2446 §2, adopted November 9, 2005, repealed section 230.220 "violation and penalty" and enacted new provisions set out herein. Former section 230.220 derived from CC 1976 §230.200; ord. no. 1291 §30, 10-25-77. See new penalty provisions set out in Section 230.230.

[2] Editor's Note: Ord. No. 3000 repealed former Section 230.220, Banning of Certain Breeds of Dogs, and Section 230.230, Violation and Penalty. It additionally set out the new regulations regarding Violation and Penalty herein. Former Section 230.230 has been removed from the Code in it's entirety.