[R.O. 2012 §225.010; CC 1988 §255.010; Ord. No. 296 §1, 6-19-1973]
The purpose of this Chapter is to regulate and control the possession
and ownership of animals in the City of Warson Woods, Missouri, to
the end that the public health and safety of the people of the City
of Warson Woods will be protected from the disease of animals, particularly,
rabies, and that the nuisance factor of animals running at large shall
be controlled.
[R.O. 2012 §225.020; CC 1988 §255.020; Ord. No. 296 §2, 6-19-1973; Ord. No. 1453 §1, 9-15-2009; Ord. No. 1492 §1, 3-20-2012]
For the purposes of this Chapter, the following terms shall
be deemed to have the meaning indicated below:
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 requires
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 must be 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 twelve (12) hours,
of a supply of potable water in a safe receptacle, dish, or container.
A human being who is capable of controlling and governing
the animal in question, and to whose commands such animal is obedient.
All domesticated members of the canis familaris, male or
female, six (6) months of age or older.
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 are kept, housed, bred, raised, fed, displayed, exhibited
or sold. The owner of more than three (3) dogs, whether owned for
pleasure or profit, breeding or exhibiting, shall be deemed to be
the operator of a dog kennel. A dog kennel shall also include any
owner or household that keeps, houses, raises, fosters or otherwise
cares for more than four (4) puppies that were not born of a dog kept,
housed, raised, or cared for in that household ("foster puppies")
or any combination of dogs and foster puppies that exceeds four (4).
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.
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.
Those members of a family, including servants and attendants,
living in the same dwelling unit.
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 any employee or agent
of the City of Warson Woods.
Any premises designated by resolution of the Board of Aldermen
for the purpose of impounding and caring for all animals in violation
of this Chapter.
The act of harboring, sheltering, keeping, controlling, managing,
possessing or having part interest in any dog, puppy or kennel in
the City of Warson Woods. The occupant of any premises on which a
dog or puppy 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 or puppy 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.
In addition to its ordinary meaning, any person who keeps
or harbors an animal or professes to be owning, keeping, or harboring
an animal.
All domesticated members of the canis familaris, male or
female, under six (6) months of age.
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.
[R.O. 2012 §225.030; Ord. No. 1492 §2, 3-20-2012]
A.
Running At Large Prohibited — Leash Requirements. It shall be an offense under this Section for any owner of any dog or puppy to permit or allow such dog or puppy, whether licensed or not, to run at large by permitting or allowing such dog to go off the premises of such owner or any keeper thereof, unless such dog or puppy is under "restraint", as such term is defined in Section 205.020. In any prosecution charging a violation of the provisions of Section 205.030, proof that a dog or puppy was running at large in violation of said Section, together with proof that the defendant named in the complaint was, at the time of the violation, the owner of such dog or puppy, shall constitute a prima facie presumption that the owner of such dog or puppy was the person that permitted such dog or puppy to run at large. The provisions of this Section shall not apply to bloodhounds or other dogs used for tracking in conjunction with police activities, nor to dogs under the control of the Warson Woods Police Department, City of St. Louis, St. Louis County or other municipal police force, the Missouri State Highway Patrol, any 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.
B.
Attack Or Threat Of Attack. It shall be an offense for any
owner of any dog or puppy, whether licensed or not, to encourage,
permit, or allow such dog or puppy to, without provocation:
1.
Attack or bite; or
2.
Threaten to attack or bite; or
3.
Otherwise approach, charge, or chase, in a threatening or vicious
manner or apparent attitude of attack, any person(s), or domestic
animals, dogs, or cats restrained by any person passing upon the public
streets or sidewalks or any public grounds or private property, other
than the property of that owner; or
4.
Otherwise cause fear or annoyance to:
a.
Such persons, regardless of whether any person is actually injured
by such dog or puppy; or
b.
The neighborhood generally. An owner's absence from the premises
or his or her unwillingness or inability to restrain his or her dog
or puppy, whether on owner's premises or off, shall not be a defense
to any violation of this Section.
C.
Public Nuisance. The owner of any dog, puppy or any other
animal is guilty of creating a public nuisance if such owner allows
its dog, puppy or other animal to:
D.
Failure To Control. It shall be unlawful for an owner,
competent person or controlling party to fail to properly govern the
behavior of an animal to the point that the animal bites a person
or other domestic animal or exhibits an unprovoked threat of attacking
or biting a person or domestic animal regardless of whether the animal
is on or off leash. This can occur anywhere in the City including
the owner's curtilage, unless such actions are caused by a person
unlawfully entering the owner or controlling party's private property.
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
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.
[R.O. 2012 §225.040; CC 1988 §255.040; Ord. No. 296 §5, 6-19-1973]
It shall be the duty of the Police Department of this City to
enforce this Chapter, and the various City Officers shall perform
the duties herein specified to be respectively performed by them.
The Board of Aldermen shall have the authority to authorize the Mayor
of the City, and the Mayor is hereby empowered, to enter into a contract
with the County of St. Louis Health Department or any other person,
firm, agency, organization or corporation for the control, pickup
and disposition of any dogs, puppies or other animals which are found
in violation of this Chapter within the City of Warson Woods.
[R.O. 2012 §225.050; CC 1988 §255.050; Ord. No. 296 §7, 6-19-1973]
Every owner of a dog as affected by this Chapter shall have
such dog inoculated against rabies at least once a year; provided
however, that a dog may be inoculated every three (3) years if a three-year
vaccine approved by the St. Louis County Health Commissioner is used;
provided further, that such inoculation requirements shall not apply
to dogs less than six (6) months of age. Dogs less than six (6) months
of age shall be confined to their owners premises. Any person violating
this provision shall be deemed guilty of an ordinance violation.
[R.O. 2012 §225.060; CC 1988 §255.060; Ord. No. 296 §8, 6-19-1973; Ord. No. 500 §1, 10-21-1980; Ord. No. 705 §2, 4-19-1988]
A.
It
shall be the duty of every owner of any dog to obtain a license for
such dog from the City of Warson Woods. An applicant for a dog license
for any dog shall present to the City Clerk a certificate of inoculation
against rabies signed by a licensed veterinarian, which certificate
shall have been executed some time during the previous thirty-six
(36) month period, if a three (3) year type vaccine approved by the
St. Louis County Health Commissioner was administered, or during the
previous twelve (12) month period for all other vaccines; such certificate
shall bear thereon information as to the type of vaccine used. Upon
the presentation of such certificate and the payment of a fee of two
dollars ($2.00) for each dog, a license shall be issued. Such fees
shall be deposited to the City's General Revenue Fund.
B.
An
application for a dog license shall be made, and the license obtained
on or before the first (1st) day of January of each year, for the
succeeding twelve (12) month period following said date. The full
license fee shall be paid and collected for part of the year. Any
owner of a dog who has lost his/her dog license tag shall report said
loss promptly to the City Clerk's Office, at which time, he/she shall
be issued a new license tag at the cost of twenty-five cents ($0.25).
C.
The
transfer of ownership or custody of any dog shall be reported to the
office of the City Clerk by the transferee, if a resident of this
City, within ten (10) days after such transfer, by written notice,
at which time, the transferee shall pay the licensing official a transfer
fee of twenty-five cents ($0.25), which fee shall be deposited to
the City's General Revenue Fund.
D.
No
charge shall be made for a license tag for any dog duly and properly
trained to assist blind persons when any such dog is actually being
used by a blind person for the purpose of aiding or assisting such
blind person in going from place to place.
E.
Said
license tag or plate shall be securely fastened on the collar or harness
of the dog for which the license is issued, and shall be worn at all
times.
F.
The
City Clerk shall have prepared dog license tags or plates made of
metal or other suitable material to be issued to applicants securing
a license. Such tags or plates shall be numbered, and the number thereon
shall correspond to the number appearing on the application for each
license.
[R.O. 2012 §225.070; CC 1988 §255.070; Ord. No. 296 §9, 6-19-1973; Ord. No. 1453 §2, 9-15-2009]
A.
Kennels Prohibited. It shall be an ordinance violation for any person to operate or maintain a Dog Kennel in the City of Warson Woods, and no license shall be issued therefor except as provided in Subsection (B) below.
B.
Exception For Hardships. A resident may request that the Board of Aldermen grant an exception to Subsection (A) above to allow an additional Dog. Such exceptions may be granted on a case-by-case basis upon written application to the Board of Aldermen in cases of hardship. Examples of such hardship may include, but are not be limited to:
1.
Family members temporarily caring for a Dog belonging to an individual
deployed overseas in service to the United States of America. This
would include an active duty military service member, civilian, or
contractor for the duration of the deployment plus sixty (60) days
not to exceed a period of two (2) years.
2.
Cases of hardship where a relative or friend has passed away or become
disabled and the resident wishes to adopt or care for the Dog belonging
to the deceased or disabled individual.
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During periods for which the Board has granted an exception to allow an additional Dog to be kept by a resident pursuant to this Subsection (B), the resident must refrain from any activities involving the housing, sheltering or fostering of stray or rescued Dogs so as to keep the total number of Dogs to four (4) or less.
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C.
Compliance With Other Laws. When granting such exceptions,
the applicant must seek letters of support from all adjacent neighbors
and comply with all applicable animal regulations including licensing
and inoculations.
[R.O. 2012 §225.080; CC 1988 §255.080; Ord. No. 296 §10, 6-19-1973]
A.
The
Health Department Commissioner or other persons designated by him/her,
the Police Department, or such other persons, firms, agencies, organizations
or corporations who may be designated by the City, shall have the
power to catch, confine, and impound dogs and other animals, as follows:
1.
All female dogs not securely confined in an enclosed place while
in heat;
2.
All dogs and puppies which are at large;
3.
All dogs and puppies or other animals infected or suspected of being
infected with rabies and all dogs, puppies, and other animals exposed
to or suspected by him/her to be exposed to or infected with rabies,
including dogs, puppies or other animals known to have been bitten
by a rabid animal, whether the dog, puppy or other animal to be impounded
is running at large or on a leash, or whether it is confined to its
owner's premises;
4.
All unconfined or unleashed animals, dogs or puppies with vicious
propensities;
6.
Unconfined dogs in quarantined areas;
7.
Dogs, puppies or other 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.
No dog shall be exempted from the provisions of Subsection (A) above by virtue of vaccination, tags, or a vaccination-registration certificate.
C.
All vicious or dangerous dogs, puppies and other animals shall be impounded by the St. Louis County Health Department, or at such other location as may be designated by the City, except that all dogs, puppies and other animals being suspected or observed for rabies may be impounded in a kennel selected by the owner of such dog, puppy or other animal, as set forth in Section 205.100 of this Chapter.
[R.O. 2012 §225.090; CC 1988 §255.090; Ord. No. 296 §11, 6-19-1973]
Any dog, puppy or other animal captured and impounded by the
Department of Public Health, or by any person, firm, agency, organization
or corporation employed by the City as dog catchers as authorized
herein and determined not to be affected with rabies by the County
Health Commissioner, or other person, firm, agency, organization or
corporation designated by the City may be redeemed to the custody
of the owner or other person having the right of possession of such
animal upon the presentation of a proper license and upon payment
to the Clerk of the City of Warson Woods of a redemption fee of ten
dollars ($10.00); said redemption fee to be deposited to the City's
General Revenue Fund. If such animal shall not be redeemed in the
manner provided herein within one (1) week after his/her capture,
such animal shall be disposed of as directed by the County Health
Commissioner, or such person, firm, agency, organization or corporation
designated by the City provided, that such animal may be redeemed
by any person before its disposal upon securing a license for such
animal and paying the redemption fee provided herein.
[R.O. 2012 §225.100; CC 1988 §255.100; Ord. No. 296 §12, 6-19-1973]
A.
In
the event any dog bites or scratches any person or is suspected of
or being observed for rabies, such dog shall immediately be impounded
by the Department of Public Health, by the Police Department or other
persons, firms, agencies, organizations or corporations employed by
the City as dog catchers. Such dogs shall be kept in isolation for
a period of ten (10) days and observed by a veterinarian for indication
of rabies. In the event such dog is affected by rabies, such dog shall
be killed by a veterinarian or the Police or such person, firm, agency,
organization or corporation employed by the City. If at the end of
ten (10) days, the dog shall not have shown any indication of rabies,
and a veterinarian is satisfied that the dog is healthy, the owner
of the dog may redeem such dog by complying with the other applicable
provisions of this Chapter and upon the payment of ten dollars ($10.00)
redemption fee to the City Clerk to be deposited in the City's General
Revenue Fund, and in addition, such owner shall be required to pay
all fees for the boarding and caring for such dog to the kennel or
agency wherein such dog has been impounded.
B.
Provided
however, that with respect to this Section, any owner may select a
dog kennel in which the dog is to be impounded, which kennel shall
have been approved by the County Health Department in which event
the owner shall make arrangements with the operator of the dog kennel
for the payment of all fees for the boarding and caring for such dog,
but such owner shall not be relieved of paying to the City its redemption
fee of ten dollars ($10.00) as aforesaid.
C.
Provided,
further, that before the Police or other persons, firms, agencies,
organizations or corporations employed by the City as dog catchers
shall permit any dog to be impounded in a kennel selected by the owner
of the dog, such person shall procure from the operator of the kennel
an agreement not to release the dog until authorized by the City Clerk,
which authorization shall be issued after compliance by the owner
with all the other provisions of this Chapter.
[R.O. 2012 §225.110; CC 1988 §255.110; Ord. No. 296 §13, 6-19-1973]
A.
It
shall be the duty of any person bitten by any dog or the parent or
guardian of any minor child bitten by any dog, to report the same
to the Police Department of this City; such report shall contain the
name and address of the owner of the dog, the day and time bitten,
the location where bitten, and a general description of the animal.
[R.O. 2012 §225.120; CC 1988 §255.120; Ord. No. 296 §14, 6-19-1973]
It shall be unlawful for any person to conceal an animal or
interfere with the Health Commissioner or person designated by him/her,
or such other persons who may be designated by the City, in the performance
of their legal duties, as provided in this Chapter. The Health Commissioner,
or persons designated by, or such other persons who may be designated
by the City shall have the right of entry onto any unenclosed lots
or lands for the purpose of collecting any dog, 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. The Health Commissioner, or his/her duly appointed
representative, or any other person or persons who may be designated
by the City shall have the right of entry to any property or premises
during the period of any quarantine for the purpose of examining or
obtaining any dog, or other animal suspected of having rabies, having
been exposed to rabies, or having bitten a person or other animal.
[R.O. 2012 §225.130; CC 1988 §255.130; Ord. No. 296 §15, 6-19-1973; Ord. No. 1492 §3, 3-20-2012]
No person shall own, keep or harbor upon his/her premises any
dog(s) or puppy(ies) that by frequent loud or habitual barking, yelping
or howling causes annoyance to adjacent residences or businesses or
to that neighborhood generally.
[R.O. 2012 §225.140; CC 1988 §255.140; Ord. No. 296 §16, 6-19-1973]
No person shall refuse to deliver to the Health Department Commissioner
or any person designated by the City, a dog, puppy or other animal
suspected of rabies, when requested to do so under the provisions
of this Chapter.
[R.O. 2012 §225.150; CC 1988 §255.150; Ord. No. 296 §17, 6-19-1973]
No person shall bring into the City of Warson Woods any dog
which has not been vaccinated in accordance with the requirements
of this Chapter.
[R.O. 2012 §225.160; CC 1988 §255.160; Ord. No. 296 §18, 6-19-1973]
All female dogs shall be kept securely confined in an enclosed
place while in heat.
[R.O. 2012 §225.170; CC 1988 §255.170; Ord. No. 296 §6, 6-19-1973; Ord. No. 1492 §4, 3-20-2012]
A.
For
purposes of this Section, the term "fierce or dangerous animal" refers to any animal wild or domestic:
1.
Which has previously attacked or bitten any person or domestic animal;
or possesses a propensity to attack or bite any person or domestic
animal; or possesses a propensity to cause annoyance to persons using
the public roads, streets, and sidewalks; or has a propensity to chase,
worry or molest livestock, other dogs or cats or children, or cause
any damage or injury; and
2.
Whose propensity described under clause "1" of this definition is
known or ought reasonably to be known by a person responsible for
the animal.
B.
Every
person possessing or responsible for a fierce or dangerous animal
shall:
1.
Confine such animal to a fenced enclosure of such height, strength
and construction so as to prevent the animal confined from jumping
or climbing over, climbing through or clawing under such fence; and
2.
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
"Dangerous (Dog, Cat, or other animal)", indicating the type of fierce
or dangerous animal which is on the premises.
C.
A person possessing or responsible for a fierce or dangerous animal may take the dangerous animal from the place of confinement described in Subsection (B)(1) 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.
D.
Any dangerous animal found off the premises of a person possessing or responsible for it and not confined as indicated in Subsection (B) may be seized by any Police Officer or other agent authorized by the Chief of Police or unless the animal is off the premises as permitted by Subsection (C) of this Section. Any dangerous animal which has escaped from its fenced enclosure may be impounded by any Police Officer or other agent authorized by the Chief of Police, 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, and the person possessing or responsible for the dangerous animal shall pay all costs associated with such impoundment.
E.
In addition to or as an alternative to the penalty which may be imposed for violation of Subsection (B) of this Section, the court may order such dangerous dog or cat or other animal euthanized upon showing by preponderance of the evidence of facts demonstrating that the animal is within the definition of fierce or dangerous animal and that it has not been confined as required in Subsection (B) of this Section regardless of whether it is so confined at the time of trial or was so confined at the time of impounding.
[R.O. 2012 §225.180; CC 1988 §255.180; Ord. No. 524 §1, 10-20-1981]
It shall be unlawful for any person owning, controlling, possessing,
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, or public property, unless
such person shall remove all feces so deposited by such animal.
[R.O. 2012 §225.190; CC 1988 §255.190; Ord. No. 296 §19, 6-19-1973; Ord. No. 1492 §5, 3-20-2012; Ord.
No. 1674, 1-17-2023[1]]
A.
Authority Of Court. Following the filing of charges under the provisions of this Chapter, the certification of the Chief of Police, or the Chiefs designee having property authority, that an animal is dangerous within the meaning of Section 205.170, and upon the motion of the Municipal Prosecutor with written notice to the owner's last known address, the judge of the Municipal Court may order, without a hearing if none is requested within five (5) business days from the date the notice is mailed, that the animal be seized and impounded pending disposition of the charges and/or that the animal be impounded past the ten (10) day rabies quarantine period. If the owner requests in writing to the court within five (5) days, a hearing shall be held at the next available court date. Following the filing of charges under the provisions of this Chapter, the certification of the Chief of Police, or the Chief's designee having property authority, that an animal is dangerous, and upon the motion of the Municipal Prosecutor with written notice to the owner or controlling party's last known address, the judge of the Municipal Court, after a full evidentiary hearing, may order the animal be permanently removed from the City limits or that the animal be euthanized. Furthermore, upon conviction under any of the provisions of this Chapter relating to vicious animals it shall appear to the Municipal Court that it is necessary for the public safety and welfare that the animal concerned be euthanized, the Judge shall so order and the Chief of Police shall transport the animal to the appropriate facility for euthanization per the order of the court.
B.
Probation. If authorized by law, the judge may suspend the
imposition of sentence or execution of sentence and place the defendant
on probation for a term not to exceed two (2) years in compliance
with Section 559.016, RSMo. The conditions of probation shall be such
as the court in its discretion deems reasonably necessary to ensure
that the defendant will not again violate the law and to the extent
allowed by law may include restorative justice methods pursuant to
Section 217.777, RSMo., or any other method that the court finds just
or appropriate including, but not limited to, restitution, community
service or other conditions set forth in Section 559.021, RSMo.
[1]
Editor's Note: Ord. No. 1674 repealed Subsection (B), Penalty.
Former Subsection (C) was relettered to Subsection (B).
