City of Edmundson, MO Dogs, Cats and Other Animals

For the purposes of this Chapter, the below listed terms and words are hereby defined. Words used in the present tense include the future; the singular number includes the plural, and the plural includes the singular; references to the male gender include the female, and reference to any person or animal without specifying gender includes both male and female; the word "shall" is mandatory and not directory.

Definitions. As used in this Chapter, unless the context otherwise indicates, the following terms mean:

AT LARGE

Any dog or cat shall be deemed to be at large when it is off the premises of its owner's real property and not under restraint by a competent person. The words "restraint" and "competent person" are defined herein.

CAT

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

CERTIFICATE

A certificate issued at the time of the vaccination of the dog or cat and bearing the signature of the vaccinator, the registration number, the name, color, breed and sex of the dog or cat, the name and address of the owner, the date of the vaccination and the type of vaccine 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 dog or cat in question, and to whose commands the dog or cat is obedient.

DOG

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

EUTHANIZED

To put to death in a humane manner.

EXPOSED TO RABIES

When bitten by, or fought with, or has come in close contact with a dog or other animal shown to be infected with the rabies virus as determined by standard laboratory testing.

HOUSEHOLD

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

IMPOUND

The apprehending, catching, trapping, netting, tranquilizing, confining or, if necessary, the destruction of any animal by the Code Enforcement Officer or his/her agent.

IMPOUNDING FACILITIES

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

KENNEL

Any place or tract of land whether indoors or outdoors, whether enclosed or not in, at or upon which and whether for pleasure or profit dogs or cats are kept, housed, bred, raised, fed, displayed in one (1) household, exhibited or sold. The owner of four (4) or more dogs or cats, whether owned for pleasure or profit, breeding or exhibiting, shall be deemed to be the operator of a kennel.

KITTEN

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

LICENSE

A tag issued by the City of Edmundson. This tag is not synonymous with the tag to be issued by the Code Enforcement Officer. (See definition of "TAG".)

NERVE TISSUE ORIGIN

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

OWNER

Includes any person or firm or corporation which owns, harbors, shelters, keeps, controls, manages, possesses, or has part interest in any dog, cat or kennel. 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 daily for a period of ten (10) days is presumed to be harboring, sheltering or keeping the aforementioned dog or cat within this definition. Under no circumstances are the normal and ordinarily accepted definitions of the terms harboring, sheltering or keeping to be limited to the words of aforementioned presumption. If a minor owns a dog, puppy or other 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 or animal for the 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 shall himself/herself be directly subject to the provisions of this Chapter.

PUP AND PUPPY

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

REGISTRAR

Any veterinarian, or any other person acting under the direction or control of a veterinarian, who performs the services of vaccination-registration.

RESTRAINT

A dog or cat off the premises of its owner's real property is under restraint within the meaning of this Chapter:

If it is controlled by a line or leash not more than six (6) feet in length, when said line or leash is held by a competent person;

When within a vehicle being driven, parked or stopped.

RURAL

Idle land or land which is used for agricultural purposes and through a lack of streets, lots, utilities and improvements is unsuited for City uses.

TAG

Any object, regardless of the shape and material, which bears a registration number and the words "Rabies Vaccination-Registration" which has been issued by authorities of the Code Enforcement Officer.

VACCINATE

The injection, by a veterinarian or his/her authorized agent, of a specified dose of anti-rabies vaccine into the body of a dog or cat, such vaccine having the U.S. Government license number approval stamped on the label of the vaccine contained and having been approved by the Code Enforcement Officer. Vaccine used for vaccination of dogs or cats 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. The above words shall be interchangeable.

VETERINARIAN

Any veterinarian holding a current Missouri license and operating on a participating basis with the Code Enforcement Officer as required by this Chapter.

Section 205.015 Keeping Of Farm Animals And Exotic Animals Prohibited.

[Ord. No. 1270 §1, 5-11-2006; Ord. No. 1543, 11-10-2022]

Farm Animals. It shall be unlawful for any person to sell, own, possess, harbor or keep any farm animal, including, but not limited to, donkey, horse, livestock, cattle, poultry, ostrich, emu or any domesticated species of the family Suidae.

Exception: The following animals are not prohibited by this Section:

The domestic species of the family Suidae which is commonly referred to as "the Vietnamese potbellied pig"; and

Up to a maximum of four (4) chickens, but not roosters, as long as the chickens are kept in compliance with Section 205.290 of this Chapter.

Exotic Animals. It shall be unlawful for any person to sell, own, possess, harbor or keep any bear, lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena, wolf, wolf hybrids, coyote, wild species of the family Suidae, llama, any poisonous reptile or amphibian, or any reptile which grows to more than twelve (12) inches in length in any place other than a properly maintained zoological park, circus, scientific or educational institution, research laboratory, veterinary hospital, or animal refuge which is permitted by the City.

Section 205.020 Vaccination-Registration Required, Kennels, Exception, Tags.

[CC 2001 §205.020; Ord. No. 638 §8.02, 4-12-1979]

Every person who owns any dog or cat that is kept any time during the year within the City or who permits a dog or cat to come upon, on or in the City or to remain in or about his/her home, place or business or other premises in the area affected by this Chapter shall have such dog or cat vaccinated against rabies and registered as provided in Subsection (D) hereof. Such dogs or cats must be vaccinated at least once each year if a nerve tissue origin vaccine is used, unless a chicken embryo or other three (3) year type vaccine, approved by the Code Enforcement Officer, is administered then at the frequency approved by the Code Enforcement Officer. For the purpose of facilitating the provisions of this Section, the Code Enforcement Officer may hold dog and cat inoculation clinics.

Puppies shall be confined to their owner's premises.

Every dog and cat which has been vaccinated in accordance with the provisions of this Chapter shall at all times wear the registration tag in the manner herein prescribed in Section 205.030.

It shall be unlawful for any person to own any dog or cat, unless such dog or cat has been vaccinated against rabies and wears a current, unexpired registration tag, and the owner possesses a certificate issued in accordance with the provisions of this Chapter.

Section 205.030 Self-Sustaining Fee System of Vaccination-Registration — Duties of City, Veterinarian, Dog or Cat Owners — Information From Vaccination-Registration Restricted.

[CC 2001 §205.030; Ord. No. 638 §8.03, 4-12-1979]

The City shall prepare certificates in quadruplicate, together with correspondingly numbered tags, in a form he/she deems is best calculated to further the progress of the program provided for in this Chapter. Spaces shall be provided for the following information and for such other information as the City may require to be filled in by the veterinarians legally authorized to vaccinate dogs and cats:

The name, address, school district and specific incorporated City in which the owner lives;

The date the vaccination was administered and type of vaccine administered;

The breed, markings, sex and name of the vaccinated dog or cat.

Each calendar year the City shall establish a preset fee not exceeding ten dollars ($10.00) for each combined unit of corresponding vaccination-registration certificate and tag for the purpose of maintaining the system of vaccination-registration. Maintenance expenses shall include materials, notification, filing, investigation, and enforcement to increase and maintain a high level of rabies immunization. Each registrar shall order from the City the number of tags and certificates needed to perform his/her duties as registrar and pay the City or designee with the order the fee for each certificate and tag ordered. The registrar shall be reimbursed and paid the fee for each certificate and tag by the owner of or other person assuming responsibility over the dog or cat being vaccinated and registered, and which reimbursement and payment may be retained by the registrar. Fees for unused certificates and tags shall be refundable to registrar.

It shall be the duty of every veterinarian to be a registrar under this program and when vaccinating any dog or cat to fill out in quadruplicate copies of the certificate obtained from the City with the information required in Subsection (A) herein and immediately present one (1) copy to the owner of the vaccinated dog or cat and mail two (2) copies to the City, by the tenth (10th) day of the following month, for filing and statistical purposes. The City shall maintain cross files of certificates by the name of the owner and the number of the certificate. The remaining copy of the certificate shall be retained by the person performing the vaccination. The owner's copy of the certificate shall be retained by the owner of the vaccinated dog or cat for inspection by an authorized representative of the City or any Police Officer.

At the time of the vaccination of any dog or cat, the person performing the vaccination shall also deliver to the owner of the said dog or cat the tag obtained from the City as evidence of such inoculation. Every owner of a vaccinated dog or cat shall attach the tag evidencing rabies vaccination and registration to the collar or harness of the vaccinated dog or cat and such collar or harness shall be worn by that dog or cat at all times. Any dog or cat found without a tag shall be deemed to be not vaccinated.

No person shall divulge, distribute, disseminate, give, transfer, show, make available or allow a copy to be made of the name or address of any owner of a registered dog or cat under this Chapter to or by any person other than an officer of a County, municipal, State or Federal office or department for the purpose of licensing, tax collection, law enforcement or rabies or other disease control in his/her respective jurisdiction; nor shall any of the persons authorized to be in possession of such names or addresses use such information for any purpose other than those allowed above; nor shall any other person make any use relating to dogs, puppies, cats or kittens of any such name or address that has been obtained as a direct or indirect result of the vaccination-registration program provided for in this Chapter; nor shall any person pose as or falsely claim to be a City employee or an agent of the City or of any other governmental agency while soliciting or making a survey of the names or addresses of dog or cat owners in any area in which this Chapter is in effect.

Section 205.040 Registration Tags, Including Unlawful Possession, Counterfeiting, Alteration and/or Obliteration.

[CC 2001 §205.040; Ord. No. 638 §8.04, 4-12-1979]

Registration tags shall not be transferred from animal to animal, and no person shall affix a registration tag to an animal other than the animal for which the tag was issued at the time of its rabies vaccination-registration, nor shall any person affix a registration tag to an animal that has not been vaccinated against rabies, nor shall any person counterfeit, alter, obliterate any rabies-registration tags.

Section 205.050 City License Tag Required.

[CC 2001 §205.050; Ord. No. 638 §8.05, 4-12-1979]

In addition to complying with the rabies-vaccination and registration outlined above, every owner of a dog or cat in the City shall register his/her dog(s) or cat(s) with the City Clerk. Upon exhibiting a receipt that the dog(s) or cat(s) have been inoculated, the Clerk will issue to the said owner a tag with thereon a number, and a fee of ten dollars ($10.00) shall be charged for same. (The fee will be waived for any animals spayed or neutered.) The license so procured shall be good for a period of one (1) year and each owner shall procure a license for his/her dog(s) or cat(s) not later than the first (1st) Monday in January of each and every year the inoculation receipt shall be presented, which inoculation shall show that the dog or cat has been inoculated within a period not to exceed ninety (90) days prior to the first (1st) Monday in January of the same year and a like fee of ten dollars ($10.00) shall be charged each time the dog or cat is registered and a tag issued to evidence the registration. The Clerk shall furnish the Mayor and the Chief of Police with a list of such dog(s) and cat(s) registered, and any dog or cat not registered or the dog or cat tag fastened to the dog or cat shall be picked up and impounded by the Chief of Police and his/her deputies. No dog or cat shall be released except by order of the City Clerk and upon the payment of a fee of twenty-five dollars ($25.00).

Section 205.060 Female Dogs — Confinement.

[CC 2001 §205.060; Ord. No. 638 §8.06, 4-12-1979]

All female dogs shall be kept securely confined in an enclosed place while in heat.

Section 205.070 Dogs and Cats Impounded, When — Where Kept.

[CC 2001 §205.070; Ord. No. 638 §8.07, 4-12-1979]

The Code Enforcement Officer or other persons designated by him/her shall have the power to catch, confine and impound dogs and other animals as follows:

Dogs or cats not wearing an unexpired vaccination-registration tag and City license tag.

All female dogs, registered or unregistered, not securely confined in an enclosed place, while in heat.

All dogs, puppies, cats and kittens which are at large.

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

All unconfined or unleashed animals with vicious propensities.

Dogs or cats not vaccinated for rabies within the previous twelve (12) months with nerve tissue vaccine, nor within the preceding thirty-six (36) months with chicken embryo or Flury Strain vaccine, nor if another vaccine approved by the City was used, within the proceeding time period, approved by the City as the duration of effective protection against rabies, which that vaccine gives.

Unconfined dogs and cats in quarantined areas.

Except for (1) above no dog or cat shall be exempt from the provisions of this Section by virtue of vaccination, tags, vaccination-registration certificate or City license tag.

Dogs or other animals which have bitten a person or animal, or which have been by a dog or animal suspected of having rabies, or have been exposed to rabies.

Dogs or other animals impounded in accordance with this Section shall be impounded by the County rabies shelter or elsewhere under the supervision of and in a manner satisfactory to the Code Enforcement Officer.

All dogs and cats shall be vaccinated, registered and licensed being released to the owner; a fee covering the cost of vaccination-registration and shelter service shall be collected for each dog or cat so released to cover the cost of vaccination, registration and licensing. Dogs and cats that have been vaccinated, registration and licensed before becoming impounded shall be released to their owner within seven (7) days after capture upon payment of the shelter service specified in Section 205.090 herein, provided the Code Enforcement Officer is of the opinion that such release will not impair the safety of the public. Every animal impounded under provisions of this regulation, which is found upon arrival at the pound to be diseased or injured, and whose owner is unknown or relinquishes ownership in writing, shall be immediately euthanized.

Section 205.080 City Administrator — Authority To Contract Dog/Cat Impounding Terms.

[CC 2001 §205.080; Ord. No. 638 §8.08, 4-12-1979]

The City Administrator is authorized and directed to mail and enter into a contract on behalf of the City for the confinement, impounding, care, release and disposing of dogs and other animals acquired pursuant to the provisions of this Chapter as follows:

The authority contained hereof shall be exercised after due notice inviting proposals and receipt thereof from any and all interested persons, firms, associations and corporations, public or private.

The City Administrator is authorized to reject any and all bids so received and to award the contract to the lowest responsible bidder. In determining the lowest responsible bidder, in addition to cost, the City Administrator shall consider: the ability, capacity of skill of the bidder to perform the contract or provide the service required; the character, integrity, reputation, judgment, experience and efficiency of the bidder; the quality of performance of previous contracts or services; the ability of the bidder to provide future services for the confinement, impounding, care, release and disposal of animals; and the number and scope of any conditions attached to the bid.

Section 205.090 Non-Rabid Dogs/Cats — Claiming.

[CC 2001 §205.090; Ord. No. 638 §8.10, 4-12-1979]

Any dog or cat captured or impounded by the Code Enforcement Officer, as authorized herein, and determined not to be infected with rabies by the Code Enforcement Officer may be redeemed by the owner or other person having the right of possession of such animal, upon the presentation of a proper vaccination-registration certificate and City license, and upon payment of applicable sheltering fees. If the 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 sale as directed by the Code Enforcement Officer. Before release by such sale, the buyer shall have the dog or cat vaccinated, registered, licensed by the City and pay the applicable sheltering fees.

Section 205.100 Rabid Dogs/Cats — Disposal.

[CC 2001 §205.100; Ord. No. 638 §8.11, 4-12-1979]

The Code Enforcement Officer or person designated by him/her shall dispose of any dog or other animal infected with rabies and he/she shall have the power to examine and impound any animal bitten by or exposed to any other animal infected with rabies. He/she shall have the power to require the owners of such dogs or cats to take necessary measures to prevent further spread of rabies and to dispose of any exposed animal if such necessary measures are not taken by the owners.

Section 205.110 Destruction of Animals Report.

[CC 2001 §205.110; Ord. No. 638 §8.12, 4-12-1979]

Any person destroying an animal infected with rabies or suspected of being infected with rabies shall immediately notify the Code Enforcement Officer and shall surrender the carcass of such animal upon demand. The owner or custodian of any such destroyed animal shall immediately provide the Code Enforcement Officer with full particulars thereof, including the time, date, location, the names and addresses of any person bitten by said animal, and also the name and address of owner or person having custody of any animal exposed to the animal destroyed.

Section 205.120 Rabies — Suspected of, Exposed To.

[CC 2001 §205.120; Ord. No. 638 §8.13, 4-12-1979]

Any dog, cat or other animal which exhibits objective symptoms suggestive of rabies may, after written certification by the Code Enforcement Officer to the owner, be impounded on or off the property of the owner. This animal shall be held for ten (10) days at the County's impounding facilities for clinical observation and, if alive at the termination of this period, shall be returned to the owner after payment of the shelter service fee provided for in Section 205.090. As an alternative procedure, the owner, at his/her own expense, may designate any veterinary hospital in the County for a similar ten (10) day period. If such animal shall die during the observation period regardless of the location, the head shall be removed and submitted to a qualified laboratory for examination.

Any dog, cat or other animal, which has been exposed to rabies, shall be immediately destroyed, unless the owner at his/her own expense desires, chooses, elects, specifies, picks or decided on one (1) of the following alternative methods:

Strict isolation in a kennel or animal hospital for six (6) months;

If no previous vaccination has been given to a dog or cat 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 Code Enforcement Officer was used and if the effective protection limit of the last such vaccination has passed, then the dog or cat shall be placed on a schedule of immunizations approved by the Code Enforcement Officer.

If a dog or cat has been vaccinated previously with another vaccine approved by the Code Enforcement Officer within the duration of the vaccine's effective protection as approved by the Code Enforcement Officer, the animal shall be revaccinated and restrained by a leash or confined at home for thirty (30) days.

Section 205.130 Rabies To Be Reported.

[CC 2001 §205.130; Ord. No. 638 §8.14, 4-12-1979]

Any person within the City having information or knowledge of any animal that:

Exhibits clinical symptoms suggestive of rabies;

Has been exposed to rabies; or

Is suspected of having rabies

shall report such knowledge or information to the City Code Enforcement Officer.

Section 205.140 Quarantine.

[CC 2001 §205.140; Ord. No. 638 §8.15, 4-12-1979]

Whenever rabies becomes prevalent in any locality within the City subject to this Chapter, the Code Enforcement Officer shall recommend a quarantine order affecting any portion of such City. The Board of Aldermen may issue a quarantine order pursuant to such recommendation. The Code Enforcement Officer, during the first (1st) week after a quarantine order is issued, shall take proper measures to inform the people of the City of the existence of the quarantine order. A quarantine order shall direct that all dogs and cats, whether vaccinated and registered according to the provisions of this Chapter or not, be confined in the home of the owner of the dog or cat, or tied up or placed on a leash under the direct physical control of a competent person not less than fifteen (15) years of age. Any dog or cat found otherwise during such a quarantine shall be impounded. Dogs and other animals subject to rabies which are impossible to capture or impound, after the exercise of reasonable efforts and diligence, shall be destroyed, if the Code Enforcement Officer so designated.

The quarantine may be terminated by the Board of Aldermen upon the recommendation of the Code Enforcement Officer after the necessity thereof no longer exists. No quarantine shall remain effective for more than six (6) months from the adoption of the quarantine order unless such quarantine order is specifically extended by order of the Board of Aldermen.

Section 205.150 Bad Animal.

[CC 2001 §205.150; Ord. No. 932 §1(8.16), 1-10-1990]

Bad Animal. A dog, cat or other animal:

Which has inflicted a severe or fatal injury on a human being. "Severe injury" means any physical injury resulting directly from an animal's attack or bite which results in broken bones or lacerations requiring stitches or inpatient hospitalization. Any person receiving such injuries shall provide the City with a signed physician's statement documenting injury and treatment qualifying as a severe injury or sign an authorization for release of such statement.

Which has bitten a human being without provocation.

Which, when unprovoked, chases or approaches a person upon any public or private property other than the property of the person responsible for such animal in a menacing fashion or apparent attitude of attack, regardless of whether or not a person is injured by the animal.

Which exhibits a propensity to attack unprovoked, to cause injury to or to otherwise threaten the safety of human beings or domestic animals which propensity is known or ought reasonably to be known by a person responsible for the animal.

Procedures Upon City Classifying A "Bad Animal".

When any animal falling within the category of a bad animal hereunder comes to the attention of the City, the City Official shall notify the person responsible for such animal of its classification and of such person's responsibilities under the provisions of this Chapter. The official who shall be responsible to determine the classification of an animal as a "bad animal" is the Director of Public Safety or his/her designee. Such person responsible for such bad animal shall:

Confine such animal to a fenced enclosure of such height, strength and construction so as to prevent the animal confined from jumping, climbing through or crawling under such fence, and

Post a notice on the premises in a place conspicuously visible to the public and reading in letters not less than two (2) inches high "Bad (dog, cat or other animal)", indicating the type of bad animal which is on the premises.

A person responsible for a bad dog or cat may take the bad dog or cat from the place of confinement described in paragraph (1) (a) above if that person places the dog or cat on a leash and in fact can control the dog or cat to the point of it not injuring or threatening any human, animal or property.

Any bad animal found off the premises of a person responsible for it and not confined as required in Subsection (B)(1) may be seized by any Police Officer or the Code Enforcement Officer unless the animal is off the premises as permitted by Subsection (B)(2) hereof. Any bad animal which has escaped from its fenced enclosure may be impounded, whether or not it has been returned to its enclosure at the time of impoundment. If impounded pursuant to this Subsection, the animal shall not be returned to a person responsible for it unless a court so orders.

In addition to or as an alternative to the penalty which may be imposed for violation of Subsections (B)(1), (2) and (3) of this Section, the court may order such bad animal euthanized upon a showing by a preponderance of the evidence of facts demonstrating that the animal is within the definition of a bad animal and that it has not been confined as required in Subsection (B)(1) of this Section, regardless of whether it is so confined at the time of trial or was so confined at the time of impounding.

Animal Pens. A person proposing to provide an animal pen shall obtain a permit from the Building Inspector. Such pen shall consist of a six (6) foot high chain-link fence enclosure, with or without a chain-link top, having exterior dimensions not to exceed one hundred (100) square feet and concrete slab three and one-half (3½) inches thick, which shall be located only within a rear yard and at least five (5) feet from all property lines. All animal pens shall be cleaned daily.

Section 205.160 Right of Entry.

[CC 2001 §205.160; Ord. No. 638 §8.17, 4-12-1979]

It shall be unlawful for any person to conceal an animal or interfere with the Code Enforcement Officer or persons designated by him/her, in the performance of their legal duties, as provided by this Chapter. The Code Enforcement Officer or persons designated by him/her shall have the right of entry into any unenclosed lots or lands for the purpose of collecting any dog, cat or other animal, which is on such lot or land, in violation of this Chapter and whose presence on such lot or land constitutes a violation of any of the provisions of this Chapter or whose presence or existence is a violation of the provisions of this Chapter. The Code Enforcement Officer or his/her duly appointed representative shall have the right of entry to any property or premises within any quarantined area during the period of such quarantine for the purpose of examining or obtaining any dog, cat or other animal suspected of having rabies, having been exposed to rabies, or having been bitten by any animal suspected of having rabies, or having bitten a person or other animal.

Section 205.170 Seventy-Two Hour Release Record.

[CC 2001 §205.180; Ord. No. 638 §8.20, 4-12-1979]

When any dog or cat for which a tag and vaccination-registration certificate has not been issued shall be released to the owner or new owner, the release shall be accompanied with a form to be supplied by the Code Enforcement Officer and within seventy-two (72) hours after release the dog or cat's owner shall complete the registration-vaccination procedure and shall leave with the vaccinating veterinarian the aforesaid form to be completed by the veterinarian and returned to the Code Enforcement Officer. Failure to so comply will authorize the Code Enforcement Officer to impound the dog or cat until vaccination-registration has been completed.

Section 205.180 Leash Required — Dogs or Cats Running At Large.

[CC 2001 §205.190; Ord. No. 638 §8.22, 4-12-1979]

It shall be unlawful for any person or persons owning, controlling, possessing or having the management or care, in whole or in part, of any dog or cat to permit the same to run at large or go off the premises of the owner or keeper thereof, unless such dog or cat is securely tied or led by a line or leash so as to effectively prevent such dog or cat from biting, molesting, being with or approaching any person or animal.

The provisions of Subsection (A) of this Section shall not apply to dogs or cats being used in hunting, field trials and dog shows while on public land set aside for those purposes, while on the private property of others with the actual, implied, customary or constructive consent of the owner of such private premises, or while on Federal, State, municipal or County roads or highways, in a rural area, while going to or coming from a hunting, field trial or dog show site. Nor shall the provisions or prohibitions in Subsection (A) of this Section apply to bloodhounds or other dogs used for tracking in conjunction with police activities, nor to dogs of any Canine Corps of any police force of the City of St. Louis, St. Louis County, the Missouri State Highway Patrol, and Federal Law Enforcement Agency, or the Armed Forces of the United States, while being used to conduct official business or being used for official purposes.

Section 205.190 Presumption With Reference To Dogs or Cats Running At Large.

[CC 2001 §205.200; Ord. No. 638 §8.23, 4-12-1979]

In any prosecution charging a violation of Section 205.180 hereunder, proof that a dog or cat was running at large in violation of said Section, together with proof that the defendant named in the complaint was, at the time described in the complaint, the person who owned such dog or cat, shall constitute a prima facie presumption sufficient for conviction that the owner of such dog or cat was the person that permitted such dog or cat to run at large.

Section 205.200 Diseased Animals.

[CC 2001 §205.210; Ord. No. 638 §8.24, 4-12-1979]

Any animal which does not exhibit a valid vaccination-registration tag and which reveals the symptoms of any injury or disease, clearly not those of rabies as determined by the Code Enforcement Officer, may be subjected to disposal as provided in Section 205.100 at the earliest possible time by the rabies control office.

Section 205.210 Refusal To Deliver Dog, Cat or Other Animal To The Code Enforcement Officer — Prohibited.

[CC 2001 §205.220; Ord. No. 638 §8.25, 4-12-1979]

No person shall refuse to deliver up to the Code Enforcement Officer any dog, cat or other animal subject to rabies, which such person owns, when requested to do so under the provisions of this Chapter.

Section 205.220 License — Imported Dogs/Cats — Transferring Registration.

[CC 2001 §205.230; Ord. No. 638 §8.26, 4-12-1979]

All dogs or cats brought into the City shall comply with the rabies vaccination and City license tags requirements. If said imported dog or cat remains more than thirty (30) days, said dog or cat shall be registered in accordance with the provisions of this Chapter. Any legally acceptable certification of rabies vaccination, the initial and residual efficiency of which has been approved by the Code Enforcement Officer, shall be exchanged for a current vaccination-registration certificate and tag upon payment of the fee. Such transfer procedure may be utilized by registrars to adopt valid rabies vaccination certificates to vaccination-registration during the transition period of this Chapter.

Section 205.230 Dog or Cat Kennels Prohibited.

[CC 2001 §205.240; Ord. No. 638 §8.27, 4-12-1979]

No person shall be permitted to conduct a dog or cat kennel in the City, and the conducting of a dog or cat kennel in the City is prohibited.

Section 205.240 Violation of, Penalties.

[CC 2001 §205.250; Ord. No. 638 §8.28, 4-12-1979]

The Code Enforcement Officer is authorized to and shall have and perform the following duties enumerated in this Section in cases involving violations of the Sections of this Chapter enumerated in Subsection (B) hereof:

Accept payment of designated fines, penalties and issue receipts therefore.

Maintain records of all violations of the provisions of this Chapter of which each person has been guilty during the preceding twenty-four (24) months whether such guilt was established in court or by payment of a fine in and to the Code Enforcement Officer.

Whenever any person charged with an offense which is payable at the Code Enforcement Officer shall fail to appear and pay his/her fine in the time prescribed, the Code Enforcement Officer shall cause a complaint to be filed against such person for such violation in accordance with arrest procedures.

File copies of the records with the City of Edmundson or St. Louis County Police Department of all cases involving violations of the provisions of this Chapter irrespective of guilt and the disposition of each such case.

If the person so charged fails to pay the designated fine or enter a plea of guilty within five (5) days, the Code Enforcement Officer, after filing a complaint, shall send him/her a letter directing him/her to appear in the City Court, notifying him/her of the time and date the appearance is to be made, as well as the address of the court, and advising him/her that a warrant for the arrest of such person may be issued if he/she should fail to appear in court on the date and time specified.

The violation of, failure to comply with or the committing of any act prohibited in any provision of this Chapter shall be deemed an ordinance violation and each day that such unlawful act is committed or continues to be committed shall constitute a separate offense.

Section 205.250 Noisy, Annoying Dogs or Cats.

[CC 2001 §205.260; Ord. No. 1113 §§1 — 2, 7-8-1999]

Any cat which by continued screeching, calling or mewing or any dog which by continued barking, howling or yelping or by chasing vehicles shall annoy any person is hereby declared to be a public nuisance, and the owner or custodian of such cat or dog upon being notified to do so by an officer of the Police Department of the City, or by a housing officer, shall take action as may be necessary to prevent the cat or dog from continuing the acts constituting the nuisance or shall dispose of the cat or dog.

Anyone violating the terms of this Section shall be guilty of an ordinance violation and shall be fined or jailed in accordance with the general sentencing guidelines of the City.

Section 205.260 Animal Neglect or Abandonment.

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.

Section 205.270 Animal Abuse. [1]

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.

[1]

Note — Under certain circumstances this offense can be a felony under state law.

Section 205.280 Animal Waste Prohibited On Public and Private Property — Exception.

[CC 2001 §205.290]

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 Section shall not apply to a guide dog accompanying any blind person.

Section 205.290 Keeping Of Chickens.

[Ord. No. 1543, 11-10-2022]

Running at Large Prohibited. No person shall permit any chicken in their possession to run at large, in or upon the public streets, open lots or private properties of the City, other than the rear yard of the owner.

When any such animals are found running at large within the City, the City may have the animal restrained in a suitable location. Any animal impounded shall be kept at least three (3) days. If the owner fails to claim such animal, the animal shall be turned over to the Humane Society of Missouri or other similar entity.

Location and Manner of Keeping. No person shall keep any chicken unless the rear yard of the residence is completely enclosed with a fence extending the full perimeter of the rear yard. Chickens shall only be kept in the rear yard of the residence. Chickens shall be allowed to have freedom of movement in a space no less than 50 square feet.

Permit Required.

No person shall operate or maintain any facilities for the keeping of chickens and shall not keep any chickens unless a permit has first been obtained from the City. Keeping chickens or maintaining a facility for keeping chickens without a permit shall be deemed an ordinance violation.

Any person desiring to keep chickens within any residential area of the City may do so only upon obtaining a permit for same from the City.

Each application for a chicken permit shall be signed by both the property owner and the tenant or occupant of the property where the chickens are proposed to be kept and shall contain a detailed site plan showing all improvements and facilities, including fences, for the keeping of chickens along with the distances between such improvements and property lines, adjacent facilities and other structures.

A permit fee shall apply to each chicken kept on the same property and shall be paid at the time of initial application or renewal.

All chicken permits shall be issued for a period not to exceed one (1) year and such permits shall be renewed annually by July 1 of each year. The annual permit fee shall be established from time to time by the Board of Aldermen.

Any permit may be suspended or revoked in accordance with the process outlined in this Section revocable by the City if the keeping of any animal is found to endanger the health, safety or welfare of the public or the animals themselves, creates a nuisance or is in violation of State law or regulation or City ordinance.

Requirements. All chickens, improvements, animal facilities, houses, buildings, pens and coops shall comply with the following requirements:

The facility shall be in good repair, capable of being maintained in a clean and in a sanitary condition, free of vermin, noxious smells and substances.

No person shall have more than four (4) egg-laying fowl on a residential lot. No roosters shall be allowed on any residential property.

The facility, or the conditions created by the facility, shall not create a nuisance or disturb neighboring residents due to noise, odor, damage or threats to the public health, safety and welfare.

Chickens must be kept in an enclosed fenced area within the rear yard of the residential property at all times. On corner lots, the fence running parallel to the street shall comply with the setback requirements for corner lots and shall consist of a six-foot privacy fence screening the rear yard from view. All fencing and enclosures shall reasonably prevent the specified animal from roaming at large or beyond the fenced area. No person shall keep any chickens within a dwelling.

All facilities for chickens, including, but not limited to, henhouses, pens, coops, feeding troughs and stations, nesting facilities and grazing areas, enclosures, shall only be located in the rear yard and shall comply with all setback requirements. Chicken facilities located in the rear yard shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Enclosures that have opening windows and vents must be covered with predator- and bird-proof wire of less than one-inch openings. Smaller fenced enclosures in the rear yard shall not take the place of the rear yard perimeter which shall be required in all cases.

The materials used in making a chicken facility or enclosure shall be uniform for each element of the structure such that the walls are made of the same material, the roof has the same shingles or other covering, and any windows or openings are constructed using the same materials. The use of scrap, waste board, sheet metal, or similar materials is prohibited. The enclosure shall be well ventilated and well maintained.

All improvements and structures must comply with the City's building code, if applicable based on the size of the accessory structure, and must be consistent with the requirements of any applicable zoning code, condition of approval of a land use decision or other land use regulation. All improvements and structures shall be subject to applicable permitting and inspection requirements when first constructed or when structural alterations are made.

Each chicken permit issued by the City shall be conditioned on the applicant maintaining all chicken facilities and enclosures in compliance with all applicable law and regulation, including City ordinance, and compliance with any other permit conditions which are necessary to preserve the public health, safety and welfare and prevent nuisances, including limitations on the number of animals and additional requirements for the improvements and facilities.

If an inspection reveals that any provision in this Chapter is violated, written notice shall be provided to the property owner at the owner's last known address of record or to the keeper or other responsible person, specifying the violation and requiring that the violation be corrected within seventy-two (72) hours. If the violation is not corrected within the period specified, the permit shall be subject to suspension or revocation.

Suspension and Revocation of Permit.

Upon written notice of a violation to the property owner or other responsible person, the Director of Public Works or his/her designee shall set a hearing to consider the question of suspension or revocation and shall provide the permittee at least ten (10) days' written notice of the hearing.

During the pendency of this hearing and until a decision is rendered by the hearing officer, the licensee shall be permitted to continue the keeping of existing chickens; provided, however, that the pendency of such hearing shall not preclude prosecution for violation of the ordinances of the City occurring during such period.

At the hearing, the hearing officer, who shall be the Director of Public Works or his/her designee, shall hear all relevant evidence justifying the suspension or revocation of the permit and shall grant the permittee to relay all relevant evidence justifying the retention of the permit.

The Director or his/her designee shall notify the permittee of the results of the hearing, in writing, within five (5) business days of the hearing. If the permit is suspended or revoked, the Director shall state in his/her order the date by which all chickens and/or facilities and improvements shall be removed from the property which shall be, at minimum, ten (10) days from the date of the order.

In the event that a permittee whose permit has been suspended or revoked pursuant to this Section, or a related entity of a permittee whose permit has been revoked pursuant to this Section, shall thereafter apply for a substantially similar permit, the licensing official may take into account the act(s) and circumstances which lead to the suspension or revocation in considering the new application.

Any person aggrieved by the determination of the hearing officer aforesaid may seek review of such decision by the Board of Aldermen. A written request for review must be submitted by the aggrieved party within five (5) days of the date of the determination for which review is sought. The written request for review shall, at minimum, set forth all reasons known to the applicant as to wherein and why the administrative determination is in error and the evidence which supports such assertions.

The filing of a request for review shall not stay the outcome of the administrative determination unless the Board of Aldermen shall suspend the effect of the determination upon request of the aggrieved party.

The Board may, at its option, review the determination on the basis of the City's files and the record of the prior proceedings or may hold an additional hearing thereon. The Board shall reduce the results of its review to writing and give notice thereof to all parties.

Following suspension or revocation of a permit, before operation of the facility resumes or any chickens are located or placed upon the property, submission of a new application for a specified animal facility permit accompanied by payment of the permit fees shall be required, and the facility shall not be allowed to operate and chickens shall not be allowed to be kept on the property until an appropriate permit is approved and issued.