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.
[Gen. Ords. 1959, § 52.35[1]]
(a)
Animal
neglect. Any person who violates this provision shall be guilty of
an ordinance violation.
(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.
[Gen. Ords. 1959, § 52.38[1]]
No person shall injure, molest, take or disturb in any way any
small birds, except sparrows.
[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.
[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:
Any horse, cattle, swine, goat, or other animal belonging
to the same genus as any of the above-stated animals.
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; Ord.
No. 10848, 2-1-2024]
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. Also,
an exception will be granted for service animals who meet the definition
and qualifications under Title II and Title III of the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., for properties
that do not meet acreage requirements.
[Ord. No. 6515, § 3, 12-20-1979]
[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:
All domestic species or varieties of the genus felis, male
or female, four months of age or older.
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.
All domesticated members of the canis familiaris, male or
female, four months of age or older.
To put to death in a humane manner.
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]
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]
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 agent.
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]
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.
All domestic species or varieties of the genus felis, male
or female, under the age of four months.
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.
A dog or cat is creating a public nuisance if:
All domesticated members of the canis familiaris, male or
female, under four months of age.
Any veterinarian or any other person acting under the direction
or control of a veterinarian who performs the services of vaccination-registration.
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.
Any object, regardless of the shape and material, which bears
the identification number for the current rabies vaccination.
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.
The procedure of vaccinating for rabies and issuing an identification
number and an appropriate certificate. The above words shall be interchangeable.
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.
[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]
[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.
