City of Oak Grove, MO ARTICLE VI Neglect and Abuse

Section 205.380 (Reserved) [1]

[1] Editor's Note: Former Section 205.380, Definitions, which derived from Ord. No. 1032 Art. VI §1, 10-21-1991, was repealed 7-6-2021 by Ord. No. 2005. See now Section 205.010 of this Chapter.

Section 205.390 Scope of Article.

[Ord. No. 1032 Art. VI §2, 10-21-1991]

A. The provisions of this Article shall not apply to:

1. Care or treatment performed by a licensed veterinarian within the provisions of Chapter 340, RSMo.;

2. Bona fide scientific experiments;

3. Hunting, fishing or trapping as allowed by Chapter 252, RSMo., including all practices and privileges as allowed under the State Wildlife Code;

4. Facilities and publicly funded zoological parks currently in compliance with the Federal "Animal Welfare Act", as amended;

5. Rodeo practices currently accepted by the Professional Rodeo Cowboy's Association;

6. The euthanizing of an animal by the owner thereof, the agent of such owner or by a veterinarian at the request of the owner thereof;

7. The lawful euthanizing by an Animal Control Officer, the operator of the animal shelter, a veterinarian or any Police Officer or health official;

8. With respect to farm animals, normal or accepted practices of animal husbandry;

9. The killing of an animal by any person at any time if such animal is outside of the owned or rented property of the owner or custodian of such animal and the animal is injuring any person or livestock animal, but not including Police or guard dogs while working;

10. The killing of house or garden pests;

11. Field trials, training and hunting practices as accepted by the Professional Houndsmen of Missouri.

Section 205.400 Animal Neglect or Abandonment.

[Ord. No. 1814 §4, 4-8-2015; Ord. No. 2005, 7-6-2021]

A. A person is guilty of animal neglect if he/she has custody or ownership or both of an animal and fails to provide adequate care.

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. This shall include not redeeming a dog, cat or other animal at an animal shelter or kennel.

C. Animal neglect or animal abandonment are ordinance violations. For a first 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 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 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. This Section shall not apply to the provisions of Section 578.007, RSMo., or Sections 272.010 to 272.370, RSMo.

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.

E. An animal impounded due to the following circumstances may not be returned to the owner except as provided in this Section:

1. The animal has been impounded pursuant to Section 205.400 of this Chapter;

2. The owner or keeper of said animal has been issued a general ordinance summons for a violation of Section 205.400 and a court date has been set; and

3. A licensed veterinarian has provided a written report verifying that the impounded animal was subject to neglect or cruel, abusive or inhumane treatment.

F. Under such circumstances, and assuming the animal is not otherwise subject to humane destruction, the impounded animal shall remain impounded until the court date and the owner or keeper shall remain responsible for all fees associated with impound and boarding.

G. The case shall be set for hearing on the earliest possible date. If the Municipal Judge finds the owner or keeper to be guilty or a plea of guilt is entered, and the Judge is satisfied that the animal would in the future be subject to continued neglect or cruel, abusive or inhumane treatment by such owner or keeper, then such animal shall not be returned to or allowed to remain with such person.

Section 205.405 Animal Trespass.

[Ord. No. 1814 §5, 4-8-2015]

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 (12) twelve hours.

B. Animal trespass is an infraction upon first conviction and for each offense punishable by a fine not to exceed two hundred dollars ($200.00), and a Class C misdemeanor punishable by imprisonment or a fine not to exceed five hundred dollars ($500.00) or both, upon the second and all subsequent convictions. 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.

Section 205.410 Animal Abuse. [1]

[Ord. No. 1814 §6, 4-8-2015; Ord. No. 2005, 7-6-2021]

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 or recklessly causes injury or suffering to an animal; or

3. Having ownership or custody of an animal knowingly fails to provide adequate care.

4. Leaves any animal unattended in a vehicle when the conditions in the vehicle would constitute a health hazard to the animal.

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

Section 205.420 Responsibility of Parent or Guardian of Minor Owning Animal.

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 that minor child.

Section 205.430 Knowingly Releasing an Animal.

A. A person commits the offense of knowingly releasing an animal if that person, acting without the consent of the owner or custodian of an animal, intentionally releases any animal that is lawfully confined for the purpose of companionship or protection of persons or property or for recreation, exhibition or educational purposes.

B. As used in this Section, "animal" means every living creature, domesticated or wild, but not including Homo sapiens.

C. The provisions of this Section shall not apply to a public servant acting in the course of such servant's official duties.

Section 205.440 Neglected or Abused Animal Not to Be Returned to Owner.

[Ord. No. 1032 Art. VI §6, 10-21-1991]

If a person is adjudicated guilty of animal neglect or animal abuse and the Municipal Court is satisfied that an animal owned or controlled by such person would in the future be subject to such neglect or abuse, such animal shall not be returned to or allowed to remain with such person, but its disposition shall be determined by the Court.

Section 205.450 Report to the Animal Services Officer of Captured Animals.

[Ord. No. 2005, 7-6-2021]

Any person capturing or causing to be captured any domestic animal shall make a report to animal control within six (6) hours of the time of capture and prior to transferring said animal, unless said animal is transferred to the Animal Shelter. The report shall include a description of the animal and the place where the animal was captured.

Section 205.460 Electronic Fences.

[Ord. No. 2005, 7-6-2021]

A. Dogs may be restrained by electronic containment systems under the following conditions:

1. Perimeter or confinement areas must be clearly marked with a sign posted next to the driveway or entry to the property in a conspicuous way so as to provide notice of confinement to pedestrians.

2. System device and signal are working. Systems must be installed, operated and maintained according to manufacturer's instructions to include training requirements for dogs to be restrained.

3. A minimum of a ten-foot set back from any property line to the system perimeter must be kept during installation of the system.

4. If a dog demonstrates the ability and propensity to disobey the fence system perimeter, the system will not be considered adequate restraint. If a dog is found unrestrained outside this type of enclosure twice with in a one-year period, the electronic fence will no longer be accepted as restraint.

5. No dog having been declared dangerous or potentially dangerous per this Code may be restrained by these systems.

6. Females dogs must not be in heat.

Section 205.470 Livestock and Poultry Prohibited.

[Ord. No. 2005, 7-6-2021]

No livestock, farm animals, or poultry, even if considered pets by the owner, except for six (6) chickens, shall be kept in any district other than the AG.

Section 205.480 Chickens.

[Ord. No. 2005, 7-6-2021]

A. Number And Type Of Chickens Allowed.

1. The maximum number of chickens allowed is six (6) per parcel of land under common ownership and usage regardless of how many lots are contained on the parcel or how many dwelling units are on the parcel.

2. Only female chickens are allowed. There is no restriction on the chicken species.

B. Non-Commercial Use Only. It shall be unlawful to engage in chicken breeding or fertilizer production for commercial purposes.

C. Enclosures.

1. Chickens must be kept in an enclosure or fenced area at all times. During daylight hours, chickens may be allowed outside of their chicken pens in a securely fenced rear or side yard if under supervision. Chickens shall be secured within a henhouse or chicken tractor during non-daylight hours.

2. Enclosures must be kept in a clean, dry, odor-free, neat and sanitary condition at all times.

3. Henhouses, chicken tractors and chicken pens must provide adequate ventilation and adequate sun and shade and must be impermeable to rodents, wild birds and predators, including dogs and cats.

a. Henhouses And Chicken Tractors. Henhouses and chicken tractors shall be designed to provide safe and healthy living conditions for the chickens while minimizing adverse impacts to other residents in the neighborhood.

(1) A henhouse or chicken tractor 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. Opening windows and vents must be covered with predator- and bird-proof wire of less than one-inch openings. Henhouses and chicken tractors shall be well maintained.

(2) The materials used in making a henhouse or chicken tractor 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. Materials used shall be impervious to moisture so that the surface does not permit the absorption of fluids.

b. Henhouses, chicken tractors and chicken pens shall be placed in side or rear yards only.

c. Henhouses, chicken tractors and chicken pens must be located at least ten (10) feet from the property line and at least forty (40) feet from any adjacent residential dwelling, church, school, or place of business.

d. Henhouses over one hundred twenty (120) square feet require a shed permit.

e. Henhouse And Chicken Tractor Size.

(1) The minimum size of any henhouse or chicken tractor shall be two (2) square feet per chicken.

(2) The maximum size of any structure henhouse or chicken tractor shall be four (4) square feet per chicken.

(3) The exterior height of any henhouse or chicken tractor, including any risers or pedestals, shall not exceed ten (10) feet.

(4) A chicken pen shall consist of sturdy wire fencing. The pen must be covered with wire, aviary netting, or solid roofing.

D. Chickens At Large.

1. Chickens shall not be allowed to run at large. It shall be unlawful to picket or tie any such animal in any of the streets of the City for the purpose of grazing or feeding.

2. An owner redeeming a chicken from impoundment shall pay, before release, the prevailing fees set forth in Section 205.080.

3. No dog, cat or other domesticated animal which kills a chicken running at large will, for that reason alone, be considered a dangerous or prohibited animal.

E. Odor And Noise Impacts.

1. Odors from chickens, chicken manure or other chicken-related substances shall not be perceptible at the property boundaries.

2. Perceptible noise from the chickens shall not be loud enough at the property boundaries to disturb persons of reasonable sensitivity.

3. It shall be unlawful for any person to park over one (1) hour within the City limits any truck loaded with chickens that would cause an offensive smell or noise, or which would unnecessarily annoy the rest of others.

F. Predators, Rodents, Insects, And Parasites. The chicken owner shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. Chickens found to be infested with insects and parasites that may result in unhealthy conditions to human habitation must be removed by the owner and keeper of the chickens.

Section 205.490 Violations.

[Ord. No. 2005, 7-6-2021]

A. It shall be unlawful for any person to keep poultry or livestock in violation of any provision of this Article.

B. Any violation of this Article that constitutes a health hazard or that interferes with the use or enjoyment of neighboring property is a nuisance and may be abated under the general nuisance abatement provisions of the City.

C. Each person who shall neglect to comply with the provisions of this Section or who shall fail, neglect or refuse to comply with the provisions of any notice provided pursuant to this Section, or who shall resist or obstruct the Animal Control Officer or other representatives of the City in the performance of his/her duties or activities provided for in this Chapter shall, upon conviction thereof, be guilty of an ordinance violation. Each day on which the violation of this Section continues shall constitute a separate offense.

Section 205.500 Keeping of Small Animals.

[Ord. No. 2005, 7-6-2021]

A. Small animals and fowl shall be kept in the following manner:

Number And Purpose	Enclosure Requirements	Setback From Owner Or Keeper Residence	Setback From Property Line	Setback From Other Residence
Less than four (4) small animals kept as pets only	Kept in fenced enclosure, coop or cage.	Six (6) feet, if outside	Ten (10) feet	Twenty-five (25) feet
Up to six (6) chickens, maximum (no roosters) non-commercial use only	Kept in fenced chicken coop.	Six (6) feet	Ten (10) feet	Forty (40) feet
Four (4) to eight (8), maximum, small animals for non-commercial use only	Kept in fenced enclosure, coop or cage.	Six (6) feet, if kept outside	Ten (10) feet	Forty (40) feet

B. Every structure or other yard establishment shall be kept so that no offensive or obnoxious odor shall arise therefrom to the injury, annoyance or inconvenience of any inhabitants of the neighborhood.

C. Every structure or other yard establishment shall be provided with a water-tight and fly-tight receptacle for manure, of such dimensions as to contain all accumulation of manure, which receptacle shall be emptied sufficiently often and in such manner as to prevent it becoming a nuisance. Such receptacle shall be kept securely covered at all times, except when opened during deposit or removal of manure or refuse. No manure shall be allowed to accumulate except in such receptacle.

D. All structures wherein small animals or fowl are kept shall be maintained in a clean and sanitary condition at all times, with adequate ventilation, devoid of refuse and vermin and free from all offensive odors. The interior walls, ceiling, floors, partitions and appurtenances of all such structures shall be impervious. The enclosed area of all such structures shall be constructed in such a way as to be dry at all times on the inside.

E. Animal control may at any reasonable time inspect any structure or premises and issue any order as may be necessary to carry out the provisions of this Section.

F. Cages and pens for all small animals shall be suitable to the species and shall provide a barrier from predators. Exceptions include veterinary hospitals, grooming shops, and pet shops.

Section 205.510 The Regulation of Vietnamese Potbellied Pigs.

[Ord. No. 2005, 7-6-2021]

A. A Vietnamese potbellied pig (Sus Scrofa Jubatus Muller) of pure breed lineage shall not be considered "livestock" or a "farm animal" as said terms are used in Title IV of this Code, so long as they are domesticated and are a pet.

B. Vietnamese potbellied pigs (Sus Scrofa Jubatus Muller) shall be subject to Sections 205.190 and 205.130 and 205.150 of this Chapter.

C. It shall be unlawful for any person to own, keep or harbor more than one (1) Vietnamese potbellied pig (Sus Scrofa Jubatus Muller) in a zoned residential neighborhood.

D. Any Vietnamese potbellied pig (Sus Scrofa Jubatus Muller) that is running at large or in violation of any other ordinance of the City may be seized and impounded by any Police or Animal Control Officer and may be impounded in any animal shelter so designated by the City.

E. If the owner of the Vietnamese potbellied pig (Sus Scro fa Jubatus Muller) can be identified, the owner shall, if at all possible, be notified that the Vietnamese potbellied pig (Sus Scrofa Jubatus Muller) has been impounded.

F. If a Vietnamese potbellied pig (Sus Scro fa Jubatus Muller) that has been impounded is not redeemed by the owner within one (1) week after impoundment, said Vietnamese potbellied pig (Sus Scrofa Jubatus Muller) may be disposed of in one (1) of the following ways:

1. Euthanasia, using a method approved by the Humane Society of the United States; or

2. Release for adoption by a new owner who shows evidence of ability and intention to provide for the Vietnamese potbellied pig (Sus Scrofa Jubatus Muller) or released to a licensed rescue.

G. An owner redeeming a Vietnamese potbellied pig (Sus Scrofa Jubatus Muller) from impoundment shall pay, before release, the prevailing fees set forth in Section 205.080.

H. It shall be unlawful for any person to cause or allow a Vietnamese potbellied pig (Sus Scrofa Jubatus Muller) to become pregnant within any residentially zoned area in or to remain in such area after becoming pregnant.

I. It shall be unlawful for any person to own, keep or harbor a Vietnamese potbellied pig (Sus Scrofa Jubatus Muller) weighing more than one hundred twenty-five (125) pounds within a zoned residential neighborhood.

J. The burden of proving that a pig or swine is a Vietnamese potbellied pig (Sus Scrofa Jubatus Muller) is on the owner or person harboring said animal.

K. Any Vietnamese potbellied pig (Sus Scrofa Jubatus Muller) must keep a current City license.

L. It shall be unlawful for any person to cause or allow a Vietnamese potbellied pig (Sus Scrofa Jubatus Muller) to be housed outside.

Section 205.520 Outside Cats Required To Be Sterilized.

[Ord. No. 2005, 7-6-2021]

A. It shall be unlawful for any owner of any kitten/cat over the age of four (4) months to permit such kitten/cat to go or remain outdoors, unless such kitten/cat has been sterilized.

B. Any owner determined to be in violation of this Section may be issued a written warning or a general ordinance summons requiring said owner to have the kitten/cat sterilized by a licensed veterinarian within fourteen (14) days.

C. Any person violating any of the provisions of this Section shall upon conviction thereof be punished by a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00).

Section 205.530 Community Cats.

[Ord. No. 2005, 7-6-2021]

A. Colonies shall be permitted and caregivers shall be entitled to maintain and care for community cats by providing food, water, shelter and other forms of sustenance, provided that the caregiver takes all appropriate and available steps to meet the conditions of this Section.

B. It shall be unlawful to provide food, water or shelter to any unsterilized community cat. Any person in violation of this provision shall be given no more than thirty (30) days to have any such cat sterilized and provide proof to the Animal Services Officer that the procedure has been completed.

C. It shall be unlawful for any caregiver to maintain a community cat in a manner that constitutes a public nuisance.

D. Caregivers of five (5) or more community cats must obtain the permission of eighty percent (80%) of their neighbors located within two hundred (200) feet from the property where the cats will be maintained.

E. It shall be unlawful to maintain a colony with more than ten (10) community cats in areas zoned residential, commercial or industrial. The Director may approve colonies with more than ten (10) existing cats for a period of one (1) year or less, allowing the caregiver time to find placement for kittens and friendly cats through adoptive homes and animal welfare organizations.

F. Community cats are not exempt from Section 205.150.

G. It shall be unlawful to relocate cats to a residentially zoned area for the purpose of establishing a colony.

H. Caregivers shall:

1. Have community cats ear tipped at the time of sterilization.

2. Maintain accurate records, including a description of each cat and dates of sterilization, vaccination, and veterinary care.

3. Provide care for community cats in conjunction with a TNR Program, taking all reasonable steps to ensure each cat is vaccinated and sterilized.

4. Make reasonable attempts to update vaccinations for community cats as required by law.

5. Make reasonable attempts to obtain proper medical attention for any community cat that appears to require it.

6. Make reasonable attempts to remove any kittens immediately after being weaned to be placed in an adoptive home or with an animal welfare organization.

7. Make reasonable attempts to place any friendly cats in an adoptive home or with an animal welfare organization.

8. Help to resolve any complaints received regarding community cats.

I. It shall be unlawful to maintain a colony within a quarter mile of any land managed for wildlife or other natural resources.

J. It shall be unlawful for any caregiver of any community cat or colony to abandon such cats. In the event a caregiver cannot continue to maintain a colony, the caregiver shall make arrangements to transfer colony maintenance to a new caregiver, place them in adoptive homes or transfer them to an animal welfare organization.

K. The Animal Control Officer may impound any community cat found in violation of this Section. Any community cat impounded by the Animal Control Officer that has been ear tipped may be returned to its caregiver or TNR location at the discretion of the Animal Control Officer.

L. Any person or caregiver determined to be in violation of this Section may be issued a written warning, which provides a period of time to come into compliance and/or provide satisfactory evidence of working to achieve compliance. That period of time shall not exceed thirty (30) days from the issuance of the initial warning notice. Failure to comply may result in the issuance of a general ordinance summons.

M. Any person or caregiver determined to be in violation of this Section may be ordered by the Director to disband or relocate the colony within sixty (60) days.