B.
All
fines and penalties for a first finding of guilt under this Section
may be waived by the court if the person found guilty of animal neglect
shows that adequate, permanent remedies for the neglect have been
made. Reasonable costs incurred for the care and maintenance of neglected
animals may not be waived. This Section shall not apply to the provisions
of Section 578.007, RSMo., or Chapter 272, RSMo.
C.
In
addition to any other penalty imposed by Section 578.009, RSMo., the
court may order a person found guilty of animal neglect to pay all
reasonable costs and expenses necessary for:
1.
The care and maintenance of neglected animals within the person's
custody or ownership;
2.
The disposal of any dead or diseased animals within the person's
custody or ownership;
3.
The reduction of resulting organic debris affecting the immediate
area of the neglect; and
4.
The avoidance or minimization of any public health risks created
by the neglect of the animals.
A.
A person
commits the offense of animal abuse if he or she:
1.
Intentionally or purposely kills an animal in any manner not allowed
by or expressly exempted from the provisions of Sections 578.005 to
578.023 and 273.030, RSMo.;
2.
Purposely or intentionally causes injury or suffering to an animal;
or
3.
Having ownership or custody of an animal knowingly fails to provide
adequate care which results in substantial harm to the animal.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A person commits the offense of knowingly releasing an animal if
he or she, acting without the consent of the owner or custodian of
an animal, intentionally releases any animal that is lawfully confined
for the purpose of companionship or protection of persons or property
or for recreation, exhibition or educational purposes.
B.
As used in this Section, "animal" means every living creature, domesticated
or wild, but not including Homo sapiens.
C.
The provisions of this Section shall not apply to a public servant
acting in the course of such servant's official duties.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A person commits the offense of keeping a dangerous wild animal
if he or she keeps any lion, tiger, leopard, ocelot, jaguar, cheetah,
margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena, wolf,
bear, non-human primate, coyote, any deadly, dangerous, or poisonous
reptile, or any deadly or dangerous reptile over eight (8) feet long,
in any place other than a properly maintained zoological park, circus,
scientific, or educational institution, research laboratory, veterinary
hospital, or animal refuge.
[R.O. 2013 §205.030; CC 1984 §6-17; Ord. No. 298 §§1 — 7, 6-3-1955; Ord. No. 1692 §1, 2-6-2006; Ord. No. 1890 §§1 — 2, 5-10-2012]
A.
The
keeping, sheltering and maintaining of any ducks, geese, turkeys,
pigeons or other domestic fowl on residential property or on any public
place is hereby declared to be a public nuisance and is prohibited.
B.
The
keeping of chickens shall be allowed on all detached single-family
lots under the following conditions, restrictions, and regulations:
1.
Permits and fees. Upon application submitted with
a ten dollar ($10.00) application fee per household, the City may
issue a permit if, after inspection, it is shown that the location
and facilities provided comply with all regulations as set forth in
this Section; however, subdivision indentures and bylaws shall take
precedence over this Section and written permission of a majority
of subdivision trustees must accompany an application if applicant
resides in a subdivision with trustees.
3.
Enclosure/containment requirements.
a.
Chickens are not permitted to run at large.
b.
Chickens may not be kept inside the habitable areas of the dwelling.
c.
A coop with a roof must be provided with a minimum square footage
of three (3) square feet per bird. Design and construction of coop
is to be reviewed and approved by the City. An outdoor pen must be
provided.
d.
A pen must not be located indoors, including in a garage, basement,
cellar or accessory structure. It may not be located in the front
yard.
e.
An outdoor coop used exclusively for chickens will not count towards
the maximum number of accessory structures allowed.
4.
Maintenance of sanitary conditions.
a.
All shelters, chicken coops, aviaries or other outbuildings, any
appurtenances thereto where any domestic animals permitted by the
City are kept on either a temporary or a permanent basis shall be
maintained so that the premises are in a clean and sanitary condition
and free from all obnoxious smells or substances; otherwise they shall
be deemed to be a public nuisance. The owner of the premises and the
tenant and custodian must promptly comply with orders of the City
and/or the St. Louis County Department of Health in respect to any
unsanitary condition found to exist.
b.
The presence of numerous flies or the presence of fly larvae in the
vicinity of any such premises, enclosures or structures shall be evidence
of a lack of sanitary maintenance of the premises, and shall constitute
a public nuisance.
c.
Where manure will remain on the premises in excess of twenty-four
(24) hours, a fly-proof receptacle shall be provided for containing
such manure. Any unnecessary accumulation of debris, refuse, manure
or other removable material upon any surface within any such enclosed
area or premises, or within any structure used or intended to be used
for the housing of permitted domestic animals shall be evidence of
a lack of sanitary maintenance of the premises, and shall constitute
a public nuisance.
d.
Any obnoxious odor or allergen arising from any condition existing
within the enclosure or within any structure used or intended to be
used for the housing of permitted domestic animals shall be evidence
of a lack of sanitary maintenance of the premises, and shall constitute
a public nuisance.
e.
All premises, enclosures or structures used or intended to be used
for the keeping or housing of any such domestic animals permitted
by the City shall be thoroughly cleaned and all debris, refuse, manure
or other removable material removed therefrom as often as may be necessary
to effect satisfactory compliance with the provisions of this Article.
f.
Deceased domestic animals and fowl must be disposed of either through
burial or incineration in accordance with Federal, State, and County
regulations.
g.
All enclosures, refuse containers, and all feed containers intended
for the use of domestic animals and fowl permitted by the City shall
be constructed, maintained and kept in such a manner as to be completely
rodent-proof. The floors of every such enclosure shall be smooth and
tight, and maintained so as to prevent accumulation of filth or water
or harboring of vermin thereunder.
6.
Slaughtering. Any slaughtering of chickens shall
not be visible on premises.
8.
Right of entry. As a condition of each permit issued
hereunder, the Animal Control Officer, official of the City, official
of the St. Louis County Department of Health, or any other person,
firm, corporation, organization or agency with which the City has
contracted according to the provisions of this Article, and Police
Officers, while in pursuit of a domestic animal or fowl running at
large outside their property, shall have the right of entry to any
lots or lands, including those of the owner of such domestic animal,
for the purpose of collecting any domestic animal found in violation
of this Article.
9.
Interference with enforcement officials. Any person
who shall interfere with or obstruct a City Official in the reasonable
performance of his/her duty in apprehending any domestic animal or
fowl, or investigation under this Article, or any person who shall
refuse to deliver up his/her domestic animal or fowl, upon request
by a proper City Official, whenever such official has reasonable cause
to believe that such animal or fowl is unlicensed or such permit for
keeping the animal or fowl has been revoked under the provision of
this Article shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punished as hereinafter provided.
10.
Penalty for violation. Any person who violates any
provision of this Article may be fined not less than ten dollars ($10.00)
or more than one hundred fifty dollars ($150.00) for each violation
and each day or part of a day shall be considered a separate violation.
[R.O. 2013 §205.040; CC 1984 §6-18; Ord. No. 146 §§1 — 6, 12-4-1936; Ord. No. 1060 §1, 2-3-1992]
A.
Horses,
mules, jennets, bulls, cows, sheep, hogs and goats are hereby prohibited
from running at large within the corporate limits of this City, and
all such animals found running at large within said City limits shall
be taken up and impounded by the Police in some suitable enclosure
to be selected by him/her, and any of the animals named and specified
above which shall be staked on any private lot in such manner as to
permit their running over any public or private property of another
owner without due permission of said owner or his/her agent shall
be taken up and impounded hereunder.
B.
When
any of the animals specified in the preceding Subsection shall have
been taken up and impounded as herein provided, and no owner shall
appear and claim the same after the expiration of three (3) days from
the date of such impounding, the City shall advertise such animals
for sale at public auction to the highest bidder for cash, giving
five (5) days' notice of the time and place of such sale by written
or printed handbills posted in at least ten (10) public places within
the City, which handbills shall contain a brief description of the
animals to be sold, specifying therein the color, marks or brands
of same.
C.
The
owner of any animal taken up and impounded as provided in this Section
may reclaim the same at any time on or before the date of the sale
by paying to the City such necessary expense as may have been incurred
by reason of the detention of such animal, and thereupon the City
shall forthwith deliver the animal or animals so redeemed to the owner
thereof or his/her legal representative.
D.
The
City Clerk shall keep an accurate record of every sale made under
the provisions of this Section, which record shall contain a minute
description of the animal sold, the price paid and to whom sold.
E.
The
Mayor and Board of Aldermen may at any time before the expiration
of six (6) months refund money paid into the Treasury under this Section
upon due proof by affidavit or other evidence that the person claiming
such money was the legal owner of the animal or animals from the sale
of which such money was paid into the City Treasury.
F.
A minimum
of two (2) acres in total area shall be required to keep, maintain,
tether, confine, or house sheep, horses, goats, cattle, swine, mules
or similar domestic animals anywhere in the City. It shall be unlawful
for more than three (3) such animals, in any combination, to be upon
such premises. The shelter for such animals in any structure, whether
temporary or permanent, must be one hundred fifty (150) feet distant
from any public property, church or any building used for residence
including the owner of such animals.
[R.O. 2013 §205.050; CC 1984 §6-19; Ord. No. 136 §1, 9-6-1935]
It shall be unlawful for any person to maintain a hog pen in
the City.
[R.O. 2013 §205.060]
Every person owning or caring for any animal that has died from
any cause shall dispose of the animal carcass within twenty-four (24)
hours after knowledge of such death, either by arranging for a person
permitted under this Chapter to dispose of or transport it, or by
the owner or person entitled to such body causing the same to be deposited
in a permitted sanitary landfill notwithstanding any other provision
of the law or rule to the contrary, allowing it to be buried in a
sanitary landfill or buried, incinerated, composted, or disposed of
in a manner approved by the State veterinarian within the twenty-four
(24) hour period upon his/her own or any other available premises,
provided that such disposition is in accordance with the provisions
of Subsection (2) of Section 269.020, RSMo.
