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.
[1]
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]
A.
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:
1.
The bull terrier breed of dog;
2.
The Staffordshire bull terrier breed of dog;
3.
The American pit bull terrier breed of dog;
4.
The American Staffordshire terrier breed of dog;
5.
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
6.
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.
B.
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:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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:
9.
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.
10.
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.
11.
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.
12.
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.
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.
B.
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.
C.
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.
D.
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:
1.
The care and maintenance of neglected or abandoned animals within
the person's custody or ownership;
2.
The disposal of any dead or diseased animals within the person's
custody or ownership;
3.
The reduction of resulting organic debris affecting the immediate
area of the neglect or abandonment; and
4.
The avoidance or minimization of any public health risks created
by the neglect or abandonment of the animals.
A.
A person
is guilty of animal abuse when a person:
1.
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.;
2.
Purposely or intentionally causes injury or suffering to an animal;
or
3.
Having ownership or custody of an animal knowingly fails to provide
adequate care or adequate control.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
A.
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.
B.
As
used in this Section, "animal" means every living
creature, domesticated or wild, but not including Homo sapiens.
C.
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.
