City of Kirkwood, MO
St. Louis County
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Table of Contents
Table of Contents
Cross References: Keeping noisy animals, § 17-70(e); injuring wildlife, § 18-4; horses in parks, § 18-13; animals generally in parks, § 18-16.
State Law References: Protection against rabies, RSMo. Ch. 322; authority to regulate animals at large, RSMo. § 77.510.
Article I In General
Article II Domestic Pets
[Gen. Ords. 1959, § 52.35[1]]
(a) 
Animal neglect. Any person who violates this provision shall be guilty of an ordinance violation.
(1) 
A person commits the offense of animal neglect if he or she:
a. 
Has custody or ownership of an animal and fails to provide adequate care; or
b. 
Knowingly abandons an animal in any place without making provisions for its adequate care.
(2) 
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.
(3) 
In addition to any other penalty imposed by this section, the court may order a person found guilty of animal neglect to pay all reasonable costs and expenses necessary for:
a. 
The care and maintenance of neglected animals within the person's custody or ownership;
b. 
The disposal of any dead or diseased animals within the person's custody or ownership;
c. 
The reduction of resulting organic debris affecting the immediate area of the neglect; and
d. 
The avoidance or minimization of any public health risks created by the neglect of the animals.
(b) 
Animal trespass. 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 hours. Any person who violates this provision shall be guilty of an ordinance violation. 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.
(c) 
Animal abuse. Any person who violates this provision shall be guilty of an ordinance violation. 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]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Gen. Ords. 1959, § 52.38[1]]
No person shall injure, molest, take or disturb in any way any small birds, except sparrows.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[1]
Editor's Note: Former § 4-3, Abandonment of animals, added 11-21-1996 by Ord. No. 8565, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now § 4-1 of this article.
[Gen. Ords. 1959, § 31.09(19); Ord. No. 5150, § 1, 1-11-1968]
The keeping, harboring or housing on any one premises within the City of more than three cats shall constitute a nuisance and shall be subject to the procedures established in this Code for the abatement of nuisances, except upon the occasion of the birth of a litter of cats, in which event, the litter may be kept together with their mother until they reach the age of two months.
[Gen. Ords. 1959, § 52.42]
Owners of poultry in the City shall keep the poultry confined upon their own premises.
[Gen. Ords. 1959, § 52.36[1]]
No owner or person having charge of any horse, cow, swine, goat or other grazing animal shall permit the animal to go at large in any street or public place.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Ord. No. 6515, § 1, 12-20-1979]
For the purposes of §§ 4-8 through 4-10, the following words and phrases shall have the meanings respectively ascribed to them by this section:
LIVESTOCK
Any horse, cattle, swine, goat, or other animal belonging to the same genus as any of the above-stated animals.
LIVESTOCK YARD
Any area serving as a pen, stable, dairy, yard, slaughterhouse, or other enclosure in which livestock is kept or maintained.
[Ord. No. 6515, § 2, 12-20-1979]
No livestock yard shall be maintained within 100 feet of any residential building or dwelling, other than a residential building or dwelling owned or occupied by the owner of said livestock yard. The livestock yard shall be a minimum of 0.5 acre for the first animal; 1.5 acres for any additional animal; and two acres for a third animal. Any number above three would require a special use exception.
[Ord. No. 6515, § 3, 12-20-1979]
Sections 4-8 and 4-9 shall be enforced and construed in conformity with any and all other ordinances regulating the keeping or maintenance of any animal, livestock yard, or a nuisance.
[1]
Editor's Note: Ord. No. 6066 repealed former §§ 4-28, 4-29, 4-31, 4-33, 4-55 to 4-57, and 4-73 to 4-75 of Art. II and enacted new §§ 4-37 to 4-55. The deleted sections contained provisions relating to dogs and were derived from Gen. Ords. 1959 and Ord. No. 5132, adopted 11-11-1967.
[Gen. Ords. 1959, § 32.04]
No person shall keep, harbor or house on his premises or the premises of others within the City more than three dogs, except upon the occasion of the birth of a litter of dogs, when the litter may be kept together with their mother until they reach the age of six months and shall be weaned from their mother.
[Gen. Ords. 1959, § 32.06; Ord. No. 5132, § 5, 11-9-1967; Ord. No. 6958, § 2, 11-4-1982; Ord. No. 7498, § 1, 3-13-1986; Ord. No. 7499, § 1, 3-13-1986; 6-7-2018 by Ord. No. 10492]
(a) 
Whenever rabies becomes prevalent in the City or in an area that is immediately adjacent to the City, the Director of Public Services or his authorized representative, at such time as he deems it necessary for the protection of public peace, health, and safety against rabies, shall recommend a quarantine order to the Chief Administrative Officer, who may then issue a quarantine order pursuant to such recommendation. If the Chief Administrative Officer issues a quarantine order, such order shall remain in effect for 30 days unless otherwise extended by order of the Council.
(b) 
The Director of Public Services or his authorized representative, during the first 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 and of the penalties attached to the violation of the quarantine order. A quarantine order shall direct that all dogs, whether vaccinated or registered according to the provisions of this article or not, shall be confined in the home of the owner of the dog or tied up or placed on a leash under the direct physical control of a competent person not less than 15 years of age. Any dog found otherwise during such a quarantine shall be impounded.
(c) 
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 Director of Public Services or his authorized representative so designates.
(d) 
The quarantine may be terminated by the Council upon the recommendation of the Director of Public Services or his authorized representative after the necessity therefor no longer exists. No quarantine shall remain effective for more than six months from the date of the adoption of the quarantine order unless the quarantine order is specifically extended by order of the Council.
[Ord. No. 8653, § 1, 9-4-1997]
It is unlawful for any person owning or in control of any animal to allow or permit such animal to defecate upon any public property, street right-of-way, alley, sidewalk, condominium or subdivision common area or private property of another unless the person owning or in control of the animal immediately removes and properly disposes of all waste deposited by the animal.
[Gen. Ords. 1959, § 32.08]
All female dogs in heat shall be kept securely confined in an enclosed place.
[Gen. Ords. 1959, § 32.14; Ord. No. 6958, § 2, 11-4-1982; Ord. No. 7499, § 1, 3-13-1986; Ord. No. 7686, § 1a, 9-3-1987; 6-7-2018 by Ord. No. 10492]
It shall be unlawful for any person to conceal any animal or interfere with the Director of Public Services or his authorized representative, the City Marshal, any police officer, or any animal control officer in the performance of their legal duties in connection with the enforcement of any of the provisions of this article.
[1]
Editor's Note: Former § 4-36, Penalty for violation of chapter, derived from Ord. No. 5132, adopted 11-9-1967, as amended 1-6-1977 by Ord. No. 6066, was repealed 6-7-2018 by Ord. No. 10492.
[Ord. No. 6066, § 2, 1-6-1977; Ord. No. 7686, § 1b, 9-3-1987]
For purposes of this chapter the following definitions shall apply:
(a) 
Any cat shall be deemed at large when off the premises of its owner's real property and:
1. 
Not wearing a collar with appropriate tags attached; or
2. 
When creating a public nuisance.
(b) 
Any dog shall be deemed at large when off the premises of the owner's real property and:
1. 
Not restrained by a competent person; or
2. 
When creating a public nuisance.
CAT
All domestic species or varieties of the genus felis, male or female, four months of age or older.
CERTIFICATE
A certificate issued at the time of the vaccination of the dog or cat and bearing thereon the signature of the vaccinator, the registration number, the name and address of the owner, the date of the vaccination, and type of vaccine administered.
DOG
All domesticated members of the canis familiaris, male or female, four months of age or older.
EUTHANIZE
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.
[Amended 6-7-2018 by Ord. No. 10492]
HEALTH DEPARTMENT, HEALTH COMMISSIONER
The Department of Public Services or the Director of Public Services or his authorized representative or any person, persons, or agent employed by the Director of Public Services.
[Amended 6-7-2018 by Ord. No. 10492]
HOUSEHOLD
Those members of a family, including servants and 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 Health Commissioner or his agent.
IMPOUNDING FACILITIES
Any premises designated by the Director of Public Services for the purpose of impounding and caring for animals.
[Amended 6-7-2018 by Ord. No. 10492]
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 are kept, housed, bred, raised, fed, displayed, exhibited or sold.
KITTEN
All domestic species or varieties of the genus felis, male or female, under the age of four months.
OWNER
Includes any person who 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 days or to which it customarily returns daily for a period of 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 the aforementioned presumption. If a minor owns a dog, cat 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, cat or animal for the purpose of this chapter, and under this chapter shall be responsible as the owner, whether or not such household head is himself a minor. If not a member of a household, such minor owner shall himself be directly subject to the provisions of this chapter.
PUBLIC NUISANCE
A dog or cat is creating a public nuisance if:
(a) 
Molesting passersby or passing vehicles;
(b) 
Attacking other animals;
(c) 
Trespassing on school grounds;
(d) 
Damaging public or private property;
(e) 
Barking, whining, howling, meowing excessively or continuously.
PUP or PUPPY
All domesticated members of the canis familiaris, male or female, under four 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
Any dog is considered under restraint if it is controlled by a line or leash not more than six feet in length when said line or leash is held by a competent person, that is, a person capable of controlling or governing the dog and to whose commands the dog is obedient.
TAG
Any object, regardless of the shape and material, which bears the identification number for the current rabies vaccination.
VACCINATE
The injection by a veterinarian or his authorized agent of a specified dose of anti-rabies vaccine into the body of a dog or cat.
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.
[Ord. No. 6066, § 2, 1-6-1977; Ord. No. 7498, § 2, 3-13-1986]
(a) 
Every person who owns any dog or cat, whether in a kennel or not, that is kept any time during the year within the City of Kirkwood, or who permits a dog or cat to come up on, on or in Kirkwood, shall have such dog or cat vaccinated against rabies and registered as provided herein, and such dog or cat must be vaccinated as often as may be required in accordance with the type of vaccination used so that such vaccination is currently effective.
(b) 
(Reserved)
(c) 
(Reserved)
(d) 
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.
[1]
Editor's Note: Section 1c — f of Ord. No. 7686, adopted 9-3-1987, repealed former §§ 4-39 — 4-42 in their entirety. Such sections pertained to license fees, proof of vaccination, issuance of tag and duties of Director of Finance relative to such tag, and derived from Ord. No. 6066, § 2, adopted 1-6-1977.
[Ord. No. 6066, § 2, 1-6-1977; Ord. No. 6958, § 2, 11-4-1982; Ord. No. 7499, § 1, 3-13-1986; Ord. No. 7686, § 1g, 9-3-1987; 6-7-2018 by Ord. No. 10492]
The Director of Public Services or his authorized representative shall have the power to catch, confine, and impound dogs, cats and other animals as follows:
(a) 
Dogs or cats not wearing an unexpired tag;
(b) 
All female dogs, registered or unregistered, not securely confined in an enclosed place while in heat;
(c) 
All dogs, cats, puppies and kittens which are at large;
(d) 
All dogs, cats or other animals infected or suspected of being infected with rabies and all dogs, cats and other animals exposed to or suspected by him 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.
(e) 
Dogs or other animals which have bitten or scratched a person or animal or which have been bitten by a dog or animal suspected of having rabies, or which are suspected of having rabies or have been exposed to rabies.
(f) 
Fierce or dangerous animals in accordance with § 4-52.
[Ord. No. 6066, § 2, 1-6-1977; Ord. No. 7686, § 1h, 9-3-1987; 6-7-2018 by Ord. No. 10492]
Dogs, cats or other animals impounded in accordance with this chapter shall be impounded under the supervision of and in a manner satisfactory to the Director of Public Services or his authorized representative, and as provided herein.
[Ord. No. 6066, § 2, 1-6-1977; Ord. No. 6958, § 2, 11-4-1982; Ord. No. 7686, § 1i, 9-3-1987; 6-7-2018 by Ord. No. 10492]
(a) 
No cat or dog shall be redeemed until the owner presents a valid certificate of rabies inoculation.
(b) 
No person shall have the right to redeem such animal unless redeemed within three days after impoundment.
[Ord. No. 6066, § 2, 1-6-1977; Ord. No. 6958, § 2, 11-4-1982; Ord. No. 7499, § 1, 3-13-1986; 6-7-2018 by Ord. No. 10492]
Any dog, cat or other animal which exhibits objective symptoms suggestive of rabies may, after written certification by the Director of Public Services or his authorized representative to the owner if known, be impounded off the property of the owner. This animal shall be held for 10 days at impounding facilities selected by the Director of Public Services or his authorized representative for clinical observation, and if alive at the termination of this period, shall be returned to the owner after payment of the costs of such impoundment. As an alternative procedure, the owner, at his own expense, may designate any veterinary hospital in the County of St. Louis for a similar ten-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. In no event shall the City be liable for the costs of such impoundment.
[Ord. No. 6066, § 2, 1-6-1977; Ord. No. 6958, § 2, 11-4-1982; Ord. No. 7499, § 1, 3-13-1986; 6-7-2018 by Ord. No. 10492]
The Director of Public Services or his authorized representative shall dispose of any dog, cat or other animal infected with rabies and he shall have the power to have examined and impounded any animal bitten by or exposed to any other animal infected with rabies. He shall have the power to require the owners of such animals to take necessary measures to prevent the spread of rabies and to dispose of any exposed animals.
[Ord. No. 6066, § 2, 1-6-1977; Ord. No. 6958, § 2, 11-4-1982; Ord. No. 7499, § 1, 3-13-1986; 6-7-2018 by Ord. No. 10492]
Any person who shall destroy an animal suspected of having rabies shall immediately notify the Director of Public Services or his authorized representative and shall surrender the carcass to the control of the Director of Public Services or his authorized representative if requested.
[Ord. No. 6066, § 2, 1-6-1977; Ord. No. 6178, §§ 1, 2, 9-1-1977; Ord. No. 6958, § 2, 11-4-1982]
(a) 
The owner of any dog, cat or other animal which bites any person or other animal, regardless of the circumstances or irrespective of whether such dog is vaccinated and registered, shall be required to place such dog, cat or other animal in the custody of the Health Department for confinement in a manner satisfactory to the Director of Public Services or his authorized representative and in a manner that will prevent contact with people and other animals for a period of 10 days following the evening of the day of the bite for the purpose of clinical observation. All expenses shall be borne by the owner of the dog, cat or other animal. If such dog, cat or other animal develops clinical symptoms suggestive of rabies, it shall be allowed to die a natural breath, or if for any reason such dog, cat or other animal should die while in confinement, its head shall be removed by the veterinarian and submitted to a qualified laboratory. If at the end of such ten-day period such dog, cat or other domestic animal is alive and healthy, it may be released to its owner.
[Amended 6-7-2018 by Ord. No. 10492]
(b) 
All dogs under clinical observation as the result of biting a person or other animal must fulfill all other conditions of this chapter prior to release.
[Ord. No. 6066, § 2, 1-6-1977; Ord. No. 6958, § 2, 11-4-1982; Ord. No. 7499, § 1, 3-13-1986; 6-7-2018 by Ord. No. 10492]
It shall be unlawful for any person to conceal an animal or interfere with the Director of Public Services or his authorized representative in the performance of his legal duty, as provided in this chapter. The Director of Public Services or his authorized representative shall have the right of entry onto any unenclosed lots or lands for the purpose of collecting any dog, cat or other animal which is on such a 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 Director of Public Services or his authorized 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 any other animal suspected of having rabies, having been exposed to rabies, or having bitten a person or other animal.
[Ord. No. 6066, § 2, 1-6-1977]
No owner of any animal subject to rabies shall abandon such animal.
[Ord. No. 8570, § 1, 12-5-1996; 6-7-2018 by Ord. No. 10492]
(a) 
A person is guilty of keeping a dangerous dog and commits an ordinance violation if he or she owns or possesses a dog that has previously bitten a person or a domestic animal without provocation and that dog bites any person on a subsequent occasion.
(b) 
If any dog that has previously bitten a person or a domestic animal without provocation bites any person on a subsequent occasion or if a dog that has not previously bitten a person attacks and causes serious injury to or the death of any human, the dog shall be seized immediately by an animal control authority or by the County Sheriff. The dog shall be impounded and held for 10 business days after the owner or possessor is given written notification and thereafter destroyed.
(c) 
The owner or possessor of the dog that has been impounded may file a written appeal to the Circuit Court to contest the impoundment and destruction of such dog. The owner or possessor shall provide notice of the filing of the appeal to the animal control authority or County Sheriff who seized the dog. If the owner or possessor files such an appeal and provides proper notice, the dog shall remain impounded and shall not be destroyed while such appeal is pending and until the court issues an order for the destruction of the dog. The court shall hold a disposition hearing within 30 days of the filing of the appeal to determine whether such dog shall be humanely destroyed. The court may order the owner or possessor of the dog to pay the costs associated with the animal's keeping and care during the pending appeal.
(d) 
Notwithstanding any provision of Sections 273.033 and 273.036, Section 578.022, RSMo. and this section to the contrary, if a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner or possessor is not guilty of any crime specified under this section or Section 273.036, RSMo. and is not civilly liable under this section or Section 273.036, RSMo. nor shall such dog be destroyed as provided in Subsection (b) of this section, nor shall such person engaged in or attempting to engage in a criminal activity at the time of the attack be entitled to the defenses set forth in Section 273.033, RSMo. For purposes of this section "criminal activity" shall not include the act of trespass upon private property under Section 569.150, RSMo. as long as the trespasser does not otherwise engage in, attempt to engage in, or have intent to engage in other criminal activity nor shall it include any trespass upon private property by a person under the age of 12 under Section 569.140, RSMo.
[Ord. No. 6066, § 2, 1-6-1977]
It shall be unlawful for the owner of any dog or cat, whether properly tagged and certified by vaccination-registration or not, to permit or allow such dog or cat to run at large. The provisions of this section shall not apply to dogs being used in hunting, field trials and dog shows while on public lands set aside for these 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 while going to or coming from a hunting, field trial or dog show site. Nor shall the provisions or prohibition of this section apply to bloodhounds or other dogs used for tracking in conjunction with police activities, nor to dogs of the Canine Corps of any police force of the City of Kirkwood, City of St. Louis, St. Louis County, 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.
[Ord. No. 6066, § 2, 1-6-1977]
In any prosecution charging a violation of the provisions of this chapter, proof that a dog 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 that the owner of such dog or cat was the person that permitted such dog or cat to run at large.
[Ord. No. 6066, § 2, 1-6-1977; Ord. No. 6958, § 2, 11-4-1982; Ord. No. 7499, § 1, 3-13-1986; 6-7-2018 by Ord. No. 10492]
No person shall refuse to deliver up to the Director of Public Services or his authorized representative any dog, cat or other animal subject to rabies which such person owns when requested to do so under the provisions of this chapter.