[R.O. 2009 § 210.010; R.O. 2006
§ 240.010; Ord. No. 1022 § 1, 9-21-1987; Ord. No. 3459 §§ 3
— 4, 8-28-2014[1]]
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. 2009 § 210.020; 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. 2009 § 210.030; 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. 2009 § 210.040; R.O. 2006
§ 240.050; Ord. No. 1022 § 1, 9-21-1987]
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. 2009 § 210.050; 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. 2009 § 210.060; 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 of this Code, 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.
B.
All fines and penalties for a first finding of guilt under this Section
may be waived by the court if 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. This Section shall not apply to the provisions
of Section 578.007, RSMo., or Chapter 272, RSMo.
C.
In addition to any other penalty imposed by Section 578.009, RSMo.,
the court may order a person found guilty of animal neglect to pay
all reasonable costs and expenses necessary for:
1.
The care and maintenance of neglected 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; and
4.
The avoidance or minimization of any public health risks created
by the neglect of the animals.
A.
A person is guilty of animal trespass if a person having ownership
or custody of an animal knowingly fails to provide adequate control
for a period equal to or exceeding twelve (12) hours.
B.
For a first conviction of animal trespass, each offense shall be
punishable by a fine not to exceed two hundred dollars ($200.00).
The second and all subsequent convictions shall be punishable by imprisonment
or a fine not to exceed five hundred dollars ($500.00), or both such
fine and imprisonment. All fines for a first conviction of animal
trespass may be waived by the court, provided that the person found
guilty of animal trespass shows that adequate, permanent remedies
for trespass have been made. Reasonable costs incurred for the care
and maintenance of trespassing animals may not be waived. This Section
shall not apply to the provisions of Section 578.007, RSMo., or Sections
272.010 to 272.370, RSMo.
A.
A person commits the offense of animal abuse if he or she:
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 which results in substantial harm to the animal.
[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
he or she, 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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[R.O. 2009 § 210.110; 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.
[R.O. 2009 § 210.120]
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.
[R.O. 2009 § 210.130; 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.
