[R.O. 2009 §6-1; Ord. No. 3420 Art. 1, 5-12-2004; Ord.
No. 3909 §I, 2-10-2010]
This order is made for the purpose of regulating the ownership
and possession of animals in the corporate area of Festus, Missouri,
in order to protect and promote the public health and safety of its
citizens by preventing the entrance of infectious, contagious, communicable
or dangerous diseases and to protect the welfare of all animals in
a humane manner.
[R.O. 2009 §6-2; Ord. No. 3420 Art. 2, 5-12-2004; Ord.
No. 3909 §I, 2-10-2010; Ord. No. 4066 §I, 8-22-2012]
For the purposes of this Chapter, the following words and terms
shall mean:
Normal and prudent attention to the needs of an animal, including
wholesome food, clean water, shelter and health care as necessary
to maintain good health in a specific species of animal.
The provision, at suitable intervals of not more than twelve
(12) hours, unless the dietary requirements of the species require
a longer interval, of a quantity of wholesome foodstuff, suitable
for the species and age, sufficient to maintain a reasonable level
of nutrition in each animal, all of which foodstuff is served in a
safe receptacle, dish, or container.
The continuous provision of a sanitary facility, protection
from the extremes of weather conditions, proper ventilation, and appropriate
space depending on the species of animal, as defined by regulations
of the USDA, as revised.
The provision, either continuously or at intervals suitable
to the species, which intervals shall not exceed eight (8) hours,
of a supply of potable water in a safe receptacle, dish, or container.
Any dog or cat that has reached the age of four (4) months
or more.
To be made permanently incapable of reproducing offspring.
Refers to every living vertebrate except human beings and
fish.
Any individual employed or appointed to enforce the animal
regulations.
Animals shall be deemed to be at large when off the property
of the owner and not under restraint by a competent person.
The puncturing of skin by teeth and producing blood.
A certificate issued at the time of vaccination of an animal
and bearing the signature of the veterinarian who gave the vaccine
to the animal.
Any non-resident spectacle, display, act or event which in
any way exhibits or displays animals.
A human being who is capable of controlling and governing
the animal in question.
The heat cycle of female mammals.
To put to death in a humane manner by a method approved by
the American Veterinary Medical Association.
Refers to potentially dangerous carnivores, including, but
not limited to, lion, tiger, leopard, cheetah, ocelot, mountain lion,
bobcat, bear, wolf and coyote. The term here shall also include any
other potentially dangerous or poisonous reptile or any other exotic
animal declared dangerous by authorized Health Department or Code
Enforcement Officials. The provisions of this Section shall not apply
to a properly maintained circus or event for entertainment purposes.
[Ord. No. 4378, 4-12-2017]
Any cat of any breed that is or becomes undomesticated, untamed
or wild.
A commercial establishment where animals are bathed, clipped,
plucked or otherwise groomed.
To feed or shelter an animal at the same location or by the
same person or family for three (3) or more consecutive days.
The apprehension, catching, netting, tranquilization, confining
or, if necessary, the destruction of any animal by the Health Officer
or his/her agent.
With respect to a dog or cat that is of adult age and capable
of being bred.
Any lot on which four (4) or more dogs, cats or other domestic
animals at least four (4) months of age are kept.
Any animal considered by Health or Code Enforcement Officials
to be a farm or ranch animal including, but not limited to, horse,
mule, cow, hog, sheep, goat or potbellied pig.
Alteration of a male animal.
An annoyance or disturbance to a person's well-being.
Any person, partnership or corporation owning, keeping or
harboring one (1) or more animals.
Any animal kept for pleasure rather than utility. Hunting
dogs, chickens kept under permit, are included in the pet category.
Applies to roosters, turkey, geese, guinea and ducks.
A non-human in the family of ape, monkey or lemur.
Any condition detrimental to the public health.
The last edition of a document by the National Association
of State Public Health Veterinarians which serves as a national standard
for rabies vaccine, treatment and policy.
To control or govern an animal so that the animal does not
injure itself, any person, any other animal or property.
Alteration of a female animal.
The surgical removal of the reproductive organs or the use
of an approved serum which will permanently render an animal unable
to reproduce.
A humane container used for the purpose of capturing an animal.
An animal is deemed to be vicious when, while animal is off
the owner's property, animal has bitten any human being or pet on
two (2) separate occasions within a twelve (12) month period or any
animal which without provocation injures a human being or exhibits
a pattern of behavior of attacking or attempting to bite or attack
human beings or other domesticated animals.
Any animal which lives normally and naturally in a state
of nature and untamed to the surrounding region as listed in the Wildlife
Code of Missouri. Including, but not limited to, deer, raccoon, opossum,
skunk, cottontail rabbit, fox, badger, hawk, falcon, Canada goose.
[R.O. 2009 §6-3; Ord. No. 3420 Art. 3, 5-12-2004; Ord.
No. 4066 §I, 8-22-2012; Ord. No. 4638, 6-15-2021]
A.
The
parent or guardian of a minor child is responsible for the adequate
care of any animal owned by, in the control of, or harbored by said
minor child.
B.
No
person shall beat, cruelly ill-treat, torment, overload, overwork
or otherwise abuse an animal or cause, instigate or permit any dogfight,
cockfight or other combat between animals or between animals and humans.
C.
No
owner shall fail to provide his/her animals with sufficient and wholesome
food at intervals of no less than twelve (12) hours unless directed
by a veterinarian.
D.
No
owner shall fail to provide clean, fresh water available to his/her
animals. Pets which are restrained outside must have water available
to them in a sufficient amount so as to last them for the duration
of their stay outside.
E.
No
owner shall fail to provide adequate shelter and protection from the
weather, including, but not limited to, shade when the sun, heat or
humidity is likely to cause heat-related problems and dry, warm bedding
in cold winter months.
F.
All
fecal accumulation in any pen, run, coop, cage or yard where animal
is sheltered must be kept reasonably cleared in such a manner as to
prevent the breeding of flies and creation of offensive odors. All
pens, runs, coops, and cages are required to be located in the rear
yard, and a minimum of five (5) feet from adjoining property lines,
and six (6) feet from primary structure.
G.
No
owner shall fail to provide veterinary care when needed to ease pain
or suffering of said pet or when required to preserve the health of
the pet and to prevent the spread of disease to other animals or humans.
H.
No
owner or person shall intentionally or purposely kill dogs, cats or
other pets in any manner except humane euthanasia performed by a licensed
veterinarian or other individual licensed and authorized to do so.
I.
No
owner or person shall purposely abandon any animal in any place for
any reason.
J.
Every
female dog, cat, or any other animal, in estrus must be confined to
an enclosed building or structure for the duration of its heat cycle.
Said animal may be taken outside for short periods providing the owner
keeps it under restraint and is accompanying the female during this
time.
K.
No
person shall crop a dog's ears or dock a dog's tail, except for a
licensed veterinarian.
L.
All
dogs, cats, or any other animal kept as a pet, must wear a tag, provided
by their veterinarian, showing proof of rabies vaccination and ownership.
All dogs, cats, ferrets, and any other animal kept as a pet, upon
reaching six (6) months of age or older, must be kept vaccinated for
rabies only by a licensed veterinarian.
M.
Any
person who, as the operator of a motor vehicle, strikes a domestic
animal shall immediately report such injury to either the owner of
the animal or the appropriate local authority.
N.
No
person shall transport any animal in a non-enclosed vehicle from which
said animal can escape, fall or be thrown out of.
O.
No
person shall expose any known poisonous substance, whether mixed with
food or not, so that the same may be liable to be eaten by any animal.
It shall not be unlawful for a person to expose on his/her own property
common rat poison mixed only with vegetable substances.
P.
Any
animal that is confined in a vehicle or building or enclosure of any
kind and is showing signs of imminent danger due to weather-related
conditions and whose owner or caretaker cannot be located will be
removed by the Animal Control Officer under the supervision of a Police
Officer and taken into protective custody and receive veterinary care
as needed at the owner's expense.
Q.
No
person shall find and keep a dog or any other animal kept as a pet,
without making a reasonable attempt to locate the owner by notifying
animal control and posting notices or advertising in paper or attempts
thereof.
R.
Owners
who prove to be habitually negligent in their responsibilities of
pet ownership are subject to having their animals removed from their
care permanently. This decision shall be made by the Police Chief,
Director of Planning and Public Works and Building Official with statements
provided them, by the ACO, from all parties involved.
S.
Animal
neglect, as stated by Festus ordinances, is punishable by a fine not
to exceed five hundred dollars ($500.00). For second (2nd) and subsequent
convictions, animal neglect is punishable by imprisonment or a fine
not to exceed one thousand dollars ($1,000.00), or both.
