[Ord. No. 2021-3241, 11-23-2021]
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.
B.
Tethering
Dogs.
1.
Any dog permitted to be kept within the City shall not be chained,
tied, fastened or otherwise tethered to any stationary or inanimate
object as a means of confinement and restraint to property.
2.
Exceptions.
a.
Tethering shall be allowed on rare occasions when it is necessary
for the dog owner or custodian to complete a temporary task that requires
the dog to be physically restrained but shall not be for more than
a reasonable time.
b.
Tethering shall be allowed for short periods of time, not to exceed
thirty (30) minutes, for the purpose of the dog to relieve itself.
c.
When a dog is tethered as allowed in the above exceptions, the dog
must be tethered by a non-choke type collar or a body harness to a
tether that is at least three (3) times the body length of the dog,
measured from the dog's nose to the back of the hindquarters and which
tether is free from any objects that could cause entanglement or strangulation.
The tether shall be proportional to the size and weigh no more than
one-eighth (1/8) of the dog's body weight.
d.
When a dog is tethered as allowed in the above exceptions, any person having custody of such animal shall provide adequate shelter and adequate water for the dog, as defined in Section 210.150. This Section shall not apply to dogs used by law enforcement agencies in the performance of their duties, service dogs, or any facility in the City licensed by the United States Department of Agriculture, Missouri Department of Agriculture, or the Missouri Board of Veterinary Medicine.
C.
When
riding outside the passenger compartment or in a fully enclosed area
of a vehicle in transit or when tethered to a legally parked or otherwise
situated vehicle, a dog must be secured by a non-choke type collar
or body harness, such that the dog cannot reach past the edge of any
of the sides of the vehicle. Reference Aurora City Codes, Section
210.090(A)(8).
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[R.O. 1993 § 210.020; Code 1970 § 22-8;
CC 1988 § 4-2]
A.
Dogfighting — Penalty.
1.
A person commits the offense of dogfighting if he or she:
2.
The offense of dogfighting is a Class E felony.
B.
Spectating Dogfighting — Penalty.
1.
A person commits the offense of spectating dogfighting if he or she is knowingly present, as a spectator, at any place, building, or structure where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in Subsection (A)(1)(b) of this Section, with the intent to be present at such exhibition, fighting, or injuring.
2.
The offense of spectating dogfighting is a Class A misdemeanor.
3.
Nothing in this Subsection shall be construed to prohibit:
a.
The use of dogs in the management of livestock by the owner of such
livestock, his or her employees or agents, or other persons in lawful
custody of such livestock;
b.
The use of dogs in hunting; or
c.
The training of dogs or the use of equipment in the training of dogs
for any purpose not prohibited by law.
[R.O. 1993 § 210.030; Code 1972 § 22-8;
CC 1988 § 4-3; Ord. No. 2004-2597 § I, 9-28-2004]
A.
It is unlawful for any person to keep or use, or in any way be connected
with or interested in the management of, or to receive money for the
admission of any person to any place kept or used for the purpose
of fighting or baiting any bull, bear, cock or other creature, except
dogs.
B.
It shall be unlawful for any person to encourage, aid or assist or
be present thereat, or to permit or suffer any place belonging to
him or her or under his or her control to be so kept or used.
[R.O. 1993 § 210.040; Code 1972 § 4-5;
CC 1988 § 4-4; Ord. No. 2004-2597 § I, 9-28-2004]
No person shall at any time ride, drive or permit to be ridden
or driven any horse, pony or mule over or upon any sidewalk within
the City. Nor shall any person permit such an animal to run at large
over any sidewalk.
[R.O. 1993 § 210.050; Code 1972 § 4-8;
CC 1988 § 4-5; Ord. No. 2004-2597 § I, 9-28-2004]
A.
No person shall own, keep or use any yard, pen or place on his or
her premises, or on premises occupied by him or her or under his or
her charge or control, in this City in or upon which any number of
cattle, swine, horses, sheep, boars or other animals, or any kind
of fowl unless said premises is zoned "A-1" Agricultural or has an
appropriately approved commercial zoning for such activities. Such
premises shall be kept in such a manner as to not become offensive
or annoying to the public or persons residing in this City or to emit
any offensive or unhealthy smell or odor.
B.
Any person violating any provision of this Section shall upon conviction
be deemed guilty of committing a nuisance.
[R.O. 1993 § 210.060; Code 1972 § 4-9;
CC 1988 § 4-6; Ord. No. 2004-2597 § I, 9-28-2004]
A.
No person shall be allowed to erect or maintain any house, pen or
place for the slaughter of any cattle, hogs, sheep or other animals,
and no person shall slaughter any such cattle, hogs, sheep or other
animals within the City.
B.
Any person violating any provisions of this Section shall upon conviction
be deemed guilty of committing a nuisance.
[R.O. 1993 § 210.070; Code 1972 § 4-13;
CC 1988 § 4-7; Ord. No. 2004-2597 § I, 9-28-2004]
A.
The owner or person having charge of any dead animal shall within
twenty-four (24) hours cause the carcass to be removed from the City.
In no case shall such owner or person permit such carcass to remain
in the open air in this City until it becomes offensive in smell.
B.
Any person violating any provision of this Section shall upon conviction
be deemed guilty of committing a nuisance.
[R.O. 1993 § 210.075; Ord. No.
2004-2614 § I, 10-26-2004, effective 1-1-2005; Ord. No. 2006-2745 § I, 11-28-2006]
A.
License Requirements. All dogs and cats six (6) months of age and
older being kept or harbored in the City of Aurora must be licensed.
Upon proof of initial rabies vaccination as required by ordinance,
a one-year license will be issued for the dog or cat. Upon a rabies
booster vaccination at one (1) year as required by ordinance, a three-year
license will be issued. The license must be renewed every three (3)
years when the required rabies vaccination is obtained. Unlicensed
dogs and cats that have been previously vaccinated for rabies can
be issued a license upon proof of vaccination for the duration of
the remaining effective vaccine immunization period. No other prorating
of license fees is permitted.
B.
License Fees.
|
License Period
|
Spayed/Neutered
|
Non-Spayed/Neutered
|
|---|---|---|
|
1-year license
|
$3.00
|
$5.00
|
|
3-year license
|
$9.00
|
$15.00
|
|
Partial 3-year license
|
$3.00 per year
|
$5.00 per year
|
C.
Administrative Fees. A fee of one dollar ($1.00) will be added to
the issuance of each license as compensation for the issuing private
entity.
D.
Obtaining Licenses. Dog and cat licenses are issued by licensed practicing
veterinary clinics in the City of Aurora. The City of Aurora will
provide all necessary licenses and tags for issuance by the approved
clinics.
E.
Remittance Of Fees To The City. All approved veterinarian clinics
will be required to remit all fees for licenses and tags to the City
of Aurora on a quarterly basis.
F.
Proof of licensing shall be produced upon request of animal control
officer or other appropriate City Official.
G.
Enforcement — Penalties. The Police Department is hereby authorized and directed to carry out and enforce all of the provisions of this Article. Upon conviction of a violation of this Section 210.080, the minimum fine shall be not less than one dollar ($1.00) nor more than five hundred dollars ($500.00) for each separate violation.
[R.O. 1993 § 210.080; Code 1972 § 4-14;
CC 1988 § 4-26; Ord. No. 2004-2597, 9-28-2004; Ord. No.
2004-2619 § I, 10-26-2004]
A.
All of the owners of animals in the City of Aurora, Missouri are
encouraged to exercise responsible animal ownership. Every person
who is the owner of any animal(s), and who resides or maintains such
animal(s) within the City, is responsible for the control and behavior
of their animal(s), and must avoid having such animal(s) create a
nuisance for other property/occupants.
B.
Every person who is the owner of a dog(s), or has in his or her charge
any dog(s), and who resides or maintains such dog(s) within the City,
is required to keep such dog(s) confined to the owner's premises at
all times, or confined to a leash, or portable kennel when taken off
the premises in the company of the animal's owner or custodian.
A.
The
City shall take up and impound in a suitable place, the location of
which place shall be given by a notice posted in some conspicuous
place in City Hall, all dogs found running at large in the City, and
they shall keep such dogs for a period of one week, and at the expiration
of such period may put such dogs to death by humane methods.
B.
The
owner of any such impounded dogs, upon the payment of the tax herein
provided, may redeem such impounded dog.
[R.O. 1993 § 210.110; Code 1972 § 4-17;
CC 1988 § 4-29; Ord. No. 2004-2597 § I, 9-28-2004; Ord. No. 2004-2619 § I, 10-26-2004; Ord. No. 2007-2758 § I, 5-8-2007]
At the end of the holding period mentioned in Section 210.100, any animal(s) not redeemed will be taken to the Southwest Missouri Humane Society surrendered to C.A.R.E. or other such approved animal shelter or adopted to responsible citizens or humanely euthanized by a licensed veterinarian.
[R.O. 1993 § 210.120; Code 1972 § 4-18;
CC 1988 § 4-30; Ord. No. 92-2075, 5-11-1992; Ord. No.
2004-2597 § I, 9-28-2004; Ord. No. 2004-2619 § I, 10-26-2004]
The owner or custodian may reclaim any dog impounded in the Animal Pound by presenting to the City, or its agent in charge of the Animal Pound, sufficient evidence of ownership, evidence of compliance with vaccination requirements contained in Section 210.200(B). In addition, payment is required of a redemption fee of ten dollars ($10.00), plus any penalty assessed under Section 210.140(B), plus the sum of two dollars ($2.00) per day for each day the animal is impounded to pay for the cost of feeding during impoundment. The payment of any fees for redemption requirements shall not constitute a bar to the prosecution for violation of any of the provisions of this Chapter.
[R.O. 1993 § 210.130; Code 1972 § 4-19;
CC 1988 § 4-31; Ord. No. 90-1997 § 2, 2-12-1990; Ord. No. 2004-2597 § I, 9-28-2004; Ord. No. 2004-2619 § I, 10-26-2004]
A.
No person who is the owner or is responsible for or has in his or her charge any animal(s), who is kept or maintained and resides in the City of Aurora, Missouri and such animal(s) by loud, frequent, habitual barking, howling or yelping, or making other offensive noises or sounds which shall annoy, or cause damage to the property of, or disturb the peace, or otherwise annoy or disturb or destroy the property of any person or neighborhood shall be punished in accordance with the penalty as expressed in Subsection (B) of this Section.
B.
Upon a written and signed complaint by the party complaining using the proper and usual Police procedure of reporting a property owner/occupant, a representative of the City shall first attempt to contact the owner of the offending animal(s) with a directive to abate the nuisance. If the owner cannot be determined, an animal control officer shall attempt to collect the offending animal(s). Any animal(s) collected will be impounded according to Section 210.100. The penalty for violations of this Section shall be no more than twenty-five dollars ($25.00) for the first offense, and no more than fifty dollars ($50.00) for a second offense within six (6) months of the first.
C.
After three (3) days' notice by the City or a representative thereof to the owner or possessor of such animal(s), or the person occupying the premises where the animal(s) is located, of a violation of Subsection (A), it shall be prima facie evidence of the causing, allowing or permitting by such owner or possessor, so notified, of such violation unless the nuisance has been abated.
[R.O. 1993 § 210.140; Code 1972 § 4-20;
CC 1988 § 4-32; Ord. No. 2004-2597 § I, 9-28-2004; Ord. No. 2004-2619 § I, 10-28-2004; Ord. No. 2010-2889 § 1, 12-14-2010; Ord. No. 2015-3031 § 1, 6-9-2015]
Every person keeping or maintaining animal(s) shall keep the
barn, shed, kennel, cattery or pen in which such animal(s) are kept
or maintained in a clean and sanitary condition so that the same will
not emit foul or disagreeable odors and shall not permit any concentration
of manure. Such enclosure shall be large enough to humanely accommodate
the animal(s). Keeping or maintaining five (5) or more animals shall
be deemed to be operating a kennel which is only authorized in an
appropriately zoned area.
[R.O. 1993 § 210.145; Ord. No.
2015-3031 § 1, 6-9-2015]
A.
No household located within the Single-Family Residential Districts,
"R-1," Zoned District shall possess more than four (4) dogs, or four
(4) cats, or a combination of either dogs or cats, provided the combination
of animals shall not exceed more than four (4) animals.
B.
No household located within the Two-Family Residential Districts,
"R-2" or Multiple-Family Residential Districts, "R3" Zone Districts
shall possess more than two (2) dogs, or two (2) cats or a combination
of either dog or cat, provided the combination of animals shall not
exceed more than two (2) animals.
C.
Any household that has more than the prescribed numbers of animals
at the time of the enactment of the ordinance from which this Section
is derived June 9, 2015, may continue to keep the same number of dogs
or cats, provided such persons register these animals with the City
in accordance with the prescribed procedures set forth herein within
six (6) months after the passage of such ordinance upon payment of
all associated fees; provided, however, in no event shall such person
add to or replace such animal.
D.
The City will not issue any business license to operate a kennel
within any residential area of the City.
[R.O. 1993 § 210.160; CC 1988 § 4-34; Ord. No. 92-2075, 5-11-1992; Ord. No. 2004-2597 § I, 9-28-2004]
A.
It is unlawful for any person to own, harbor or possess a vicious
dog; except as allowed by the provisions of this Section of the City
Code. The Municipal Court Judge may declare a dog vicious:
1.
When evidence shows an attack or bite to a human is unprovoked;
2.
When evidence shows an attack upon another domestic animal is
unprovoked;
3.
In the absence of a bite, when sufficient evidence is presented
to show the dog or dogs display characteristics such as habitually
snapping, charging, growling; or
4.
Otherwise manifests a disposition to bite, attack or injure
any person or domestic animal or pet if afforded the opportunity,
or if in the judgment of the court it causes any person to have a
reasonable fear of immediate serious physical injury.
B.
It is unlawful for any person to violate any restriction imposed
by this Section after a dog has been declared a vicious dog by order
of the Municipal Court.
C.
Following the filing of charges under this Section, upon the affidavit
of the Animal Control Officer or Police Officer alleging the dog is
a vicious dog and upon the motion of the prosecutor, the Judge of
the Municipal Court may order any of the following:
D.
Any dog declared vicious by the Judge of the Municipal Court may
be ordered humanely euthanized immediately.
E.
Any dog owner who owns, keeps or harbors a dog declared vicious by
the Judge of the Municipal Court and not ordered euthanized and as
a condition of residing within the corporate limits of Aurora shall
be required to meet the following mandated restrictions:
1.
The dog or dogs must receive an identification microchip implant
within one (1) week of the order of the Municipal Court. The microchip
used must be approved by the Animal Control Officer and implanted
by a licensed veterinarian. It shall be a violation of the City Code
for a microchip to be removed unless it is for a medical reason and
then only by a licensed practicing veterinarian. The Animal Control
Officer must be notified immediately of said removal.
2.
The dog or dogs shall be securely confined indoors or in a securely
enclosed and locked kennel or cage. The kennel or cage shall be the
size appropriate to the size of the dog or dogs kept therein and shall
provide adequate ventilation, shade from the sun and protection from
the elements. In the event of a dispute over the appropriate size,
the guidelines of the Missouri Department of Agriculture Regulations
for Animal Care Facilities shall apply. The kennel or cage must be
constructed with nine-gauge steel chain link. Such kennel or cage
must have secure sides, a secure top and secure bottom or floor attached
to the sides, or sides must be embedded in the ground. In addition,
the kennel or cage must have a double-blind entrance and must be locked
with a key or a combination lock when such dog or dogs are within
the structure. Any such kennel or cage must be located on the back
half of the concerned property at least twenty-five (25) feet from
the nearest point to the dwelling of another, a church, a school or
place of business of another and must comply with all zoning and building
regulations of the City.
3.
The dog or dogs shall not be allowed by remedy to be removed
from the City to a location outside the City limits.
F.
Any dog declared vicious by the Judge of the Municipal Court and
not ordered euthanized, and as a condition of residing within the
corporate limits of Aurora may be required to meet any or all of the
following restrictions:
1.
The dog or dogs shall be spayed or neutered within one (1) week
of the ruling unless a duly licensed veterinarian documents to the
Animal Control Officer that medical conditions of the dog contradict
sterilization. Such sterilization shall require surgical removal of
the gonads. Verification that sterilization has taken place shall
be presented to the Animal Control Officer by the licensed practicing
veterinarian performing the procedure.
2.
The dog or dogs shall be registered with the City of Aurora
each year with the annual fee to be set at fifty dollars ($50.00).
3.
All owners, keepers or harborers of any vicious dog must maintain
in effect public liability insurance in a single incident amount of
one hundred thousand dollars ($100,000.00) for bodily injury to or
death of any person or persons or for damage to property owned by
any persons which may result from the ownership, keeping or maintenance
of such dog. A surety bond or letter of credit of one hundred thousand
dollars ($100,000.00) may be substituted for the insurance policy.
All owners, keepers or harborers of vicious dogs shall present to
the Animal Control Officer a statement from all parties involved certifying
that they have the required insurance policy, surety bond or letter
of credit within ten (10) days of the dog being declared vicious.
4.
When confined indoors, no vicious dog or dogs may be kept on
a porch, patio or in any part of the house, building or structure
that would allow the dog or dogs to exit such building on its own
volition. No such dog or dogs may be kept in a house, building or
structure when the windows are open. No vicious dog may be kept in
a house, building or structure when screen windows or screen doors
are the only obstacles preventing the dog from exiting the structure.
5.
No person shall permit a vicious dog or dogs to go outside its
kennel, cage or secure structure unless that person has the dog or
dogs securely leashed to a buckle collar and on a leash no longer
than six (6) feet in length and that person has physical control of
the dog. Such dogs shall not be leashed to inanimate objects such
as trees, posts and buildings. Additionally, all such dogs on a leash
outside the dog's kennel, cage or secure structure must be muzzled
by a humane muzzling device sufficient to prevent the dog from biting
persons or other animals.
6.
The premises on which the dog or dogs are kept shall be clearly
posted with signage warning the public of the following:
|
WARNING
|
|
A DOG IS PRESENT ON THIS PROPERTY
|
|
THAT HAS BEEN DECLARED VICIOUS
|
|
BY THE AURORA MUNICIPAL COURT
|
|
The sign shall be visible and capable of being read from the
street, road or highway that abuts the premises. In addition, the
sign must include a picture or symbol that conveys the idea of a vicious
dog to small children that cannot read.
|
7.
Any dog or dogs declared vicious by the Municipal Court cannot
be sold, given away, or ownership otherwise transferred without the
expressed permission of the Animal Control Officer.
8.
To assure compliance with the court-ordered restrictions, the
Animal Control Officer is hereby authorized to conduct unannounced
inspections of such frequency so as to determine if said restrictions
are being met.
9.
Refusal or failure to comply with any of the mandated or court-ordered
restrictions or authorized inspection shall constitute a violation
of the City Code and, in addition, shall be considered as justifiable
grounds for the Judge of the Municipal Court to order further restrictions
or euthanization of the dog or dogs.
G.
Any dog or dogs maintained and utilized by any governmental law enforcement
agency shall not be considered a vicious dog so long as it is maintained
and utilized for law enforcement purposes.
[R.O. 1993 § 210.170; CC 1988 § 4-35; Ord. No. 92-2075, 5-11-1992; Ord. No. 2004-2597 § I, 9-28-2004]
It is unlawful for any unauthorized person to break open the
pound or to attempt to do so, to take or let out any animals therefrom,
or to take or attempt to take from any officer any dog taken up by
him or her in compliance with this Chapter or in any matter whatever
to interfere with or hinder such officer in the discharge of his or
her duties under the provisions of this Chapter.
[R.O. 1993 § 210.180; Code 1972 § 4-22;
CC 1988 §§ 4-46 — 4-48; Ord.
No. 86-1905 § 2, 4-28-1986; Ord. No. 92-2075, 5-11-1992; Ord. No. 2004-2597 § I, 9-28-2004]
A.
AFFECTED WITH RABIES
RABIES
Definitions. For purposes of this Section, the following words and
phrases shall have the meanings respectively ascribed to them by this
Subsection:
Infected with the rabies virus as determined by standard
laboratory testing.
Hydrophobia.
B.
Vaccination Required.
1.
Every person residing within the City owning, keeping, harboring
or permitting a dog or cat to remain on premises shall have every
such animal vaccinated against rabies by a licensed veterinary in
compliance with Section III of the Compendium of Animal Rabies Prevention
and Control issued by the National Association of State Public Health
Veterinarians. In summary, all dogs and cats over the age of three
(3) months shall be vaccinated with an appropriately licensed vaccine.
Every animal shall receive a booster vaccination one (1) year after
initial vaccination, regardless of age at initial vaccination or product
used, and triennial vaccinations thereafter. Should there be a rabies
epidemic in the City and quarantine is declared, all dogs and cats
whose vaccination is more than twelve (12) months old shall immediately
be revaccinated according to recommendations by the State Public Health
Department.
2.
Vaccinated animals shall be identified with metal or plastic
tags or microchips. The City hereby adopts the standard tag system
put forth in the Compendium of Animal Rabies Prevention and Control
to aid in the administration of animal rabies control procedures.
A rabies certificate issued by a licensed veterinarian may also serve
as proof of vaccination.
C.
Management Of Animals That Bite.
1.
A healthy dog or cat or ferret that bites a person shall be
confined and observed daily for ten (10) days at the animal pound
or at a licensed veterinary facility at the owner's expense. Such
animal shall be evaluated by a veterinarian at the first sign of illness
during confinement. Any illness in the animal shall be reported immediately
to the local Health Department. If signs suggestive of rabies develop,
the animal shall be euthanized, prepared and shipped for testing at
a State-approved laboratory by a licensed veterinarian. Any stray
or unwanted dog or cat or ferret that bites a person shall be euthanized
and the head submitted for rabies examination.
2.
Other biting animals, which might have exposed a person to rabies,
shall be reported immediately to the local Health Department. Prior
vaccination of an animal may not preclude the necessity for euthanasia
and testing if the period of virus shedding is unknown for that species.
Management of animals other than dogs, cats and ferrets will be deferred
to State or local Health Department officials.
[R.O. 1993 § 210.190; Ord. No.
98-2340 § 1, 9-8-1998; Ord. No. 2004-2597 § I, 9-28-2004]
A.
Adoption Policy. Responsible persons may adopt a pet from the Aurora
Municipal Animal Facility in accordance with the following regulations:
1.
Persons must be eighteen (18) years of age or older to adopt.
In some cases, proof of age is required.
2.
Valid identification must be provided with name and present
address.
3.
No persons under the influence of alcohol or drugs can adopt.
4.
Animals must be spayed or neutered within four (4) months of
adoption. Failure to provide proof of such procedure will result in
a fine of fifty dollars ($50.00) and surrender of the animal to the
Animal Control Officer.
5.
Dogs are not allowed to go out as guard dogs or to be trained
as an attack dog. Watch dogs are acceptable.
6.
The adopters are required to take the animal(s) for a medical
checkup within ten (10) days of the adoption date.
7.
The adopter is allowed to exchange for another animal within
thirty (30) days of the adoption date. If the exchange is made within
thirty (30) days, the adopter is allowed up to six (6) months to adopt
another animal but the adoption fee is not refunded. The only exception
will be a pup/dog that is claimed by the owner.
8.
The City of Aurora does not guarantee the health of any animal.
Adopters are responsible for all medical care required by the adopted
animal. The City does not test for heartworms, internal parasites
or give rabies shots. The City of Aurora is not responsible for fees
incurred by the adopter.
9.
If a previous animal in the adopter's home has died of an airborne
disease, adopters must wait one (1) month before any animals of the
same kind can be brought into the home unless they have permission
from their veterinarian.
10.
Puppies that are six (6) to eight (8) weeks of age can only
be left alone for four (4) hours a day at the most.
11.
The adopter must relinquish animal to its rightful owner if
it is claimed within fourteen (14) days of the adoption date.
12.
The City of Aurora reserves the right to refuse adoption.
13.
Although the adoption fees are required in advance, the adopted
animal is not legally owned by the adopters until the spaying or neutering
has been completed.
14.
The City of Aurora may examine and inquire about said animal
at any time. If not satisfied with the conditions, said animal shall
be returned to the City.
15.
Adopters must sign a written contract with the City.
16.
Adopters must not sell, trade or abandon said animal in any
way.
17.
No person or persons shall be allowed to adopt more than two
(2) dogs in a twelve-month period.
A.
Purpose. The purpose of this Section is to protect the public health
from disease transmission, animal bites, animal attacks and other
serious injury, and public nuisances arising from the keeping or escape
of non-domesticated animals.
B.
Definition. Non-domesticated animals include:
1.
Wild Animals: any wild animal, mammal, reptile, or fowl which is
not naturally tame or gentle, but is of a wild nature or disposition,
and which, because of its size, vicious nature, or other characteristics
would constitute a danger to human life or property.
2.
The term includes animals and birds, the keeping of which is licensed
by the State or Federal government, such as wolves, raptors, and pheasants.
By way of example and not of limitation, the term includes eagles,
weasels, wild ferrets, badgers, bears, monkeys, capuchins, chimpanzees,
alligators, crocodiles, raccoons, beavers, otters, opossum, and hedgehogs.
C.
Prohibited Animals. No person, firm, corporation or other business
shall keep, maintain, or harbor within the City of Aurora, any of
the following animals:
1.
Any animal or species prohibited by Federal or Missouri law.
2.
Any non-domesticated animal or species, including, but not limited
to, the following:
a.
Any skunk, whether captured in the wild, domestically raised, de-scented
or not de-scented, vaccinated against rabies or not vaccinated against
rabies.
b.
Any large cat of the Felidae family, such as, but not limited to,
lions, panthers, tigers, jaguars, leopards, cougars, and ocelots,
except commonly accepted domesticated house cats.
c.
Any member of the Canidae family, such as, but not limited to, wolves,
foxes, coyotes, dingoes, jackals, any crossbreed such as crossbreeds
between dogs and coyotes, and dogs and wolves, except domesticated
dogs.
d.
Any poisonous snake or pit viper, such as, but not limited to, rattlesnakes,
coral snakes, water moccasins, or cobras.
E.
Exceptions. The following non-domesticated animals shall be exempt from the provisions of Sections 210.210 through 210.290 of this Chapter and may be kept within the City of Aurora.
1.
Non-domesticated animals brought into the City of Aurora for entertainment,
exhibition, show, promotional or education purposes, provided such
animals are kept within an enclosure or other secure method of storage.
2.
Non-domesticated animals for sale or display in commercial pet stores,
commercial farm stores, and farmers’ markets provided that prior
to a sale of any such non-domesticated animal to a person, firm or
corporation who intends to keep such animal in the City limits of
Aurora, the pet store shall be required to give the buyer a photocopy
of this Section.
3.
Non-domesticated animals kept in a public zoo or other public or
non-profit institution engaged in the permanent display of non-domesticated
animals.
4.
Non-domesticated animals kept temporarily for a public zoo by volunteers
under a designated volunteer program, provided that prior to the storage
in the City of Aurora, such volunteer informs the Aurora Animal Control
Officer of its presence.
5.
All non-domesticated animals kept by veterinary clinics or other
research institutions which are affiliated with a college or other
institute of higher education, provided that adequate measures are
taken to prevent such animals from escaping or injuring the general
public.
F.
Impounding
Of Non-Domesticated Animals. Any non-domesticated animal kept in violation
of this Section may be impounded by the City, and after being so impounded
for five (5) days or more without being reclaimed by the owner, maybe
sold or destroyed. Any person reclaiming such impounded animal shall
pay the costs of impounding and keeping the same and shall provide
documentation of the animal’s relocation outside of the City.
G.
Existing
Non-Domesticated Animals. Any person keeping or maintaining any non-domesticated
animal in violation of this Section at the time this Section is adopted,
shall within ninety (90) days of its passage, take such actions as
may be required to be in compliance with this Section.
H.
Harboring
Wild/Non-Domesticated Animals.
1.
No person shall own, keep or use any yard, pen or place on his/her
premises, or premises occupied by him/her or under his/her charge
or control in this City, in or upon which any non-domesticated animals
shall be kept.
2.
Should there be a dispute as to whether an animal is a non-traditional
domesticated or non-domesticated, that issue will be brought before
the Aurora City Council for a determination. If deemed a non-traditional
domesticated animal by the Aurora City Council, a permit may be issued
by the Animal Control Officer with City Council approval on a case-by-case
basis.
3.
Any animal deemed a threat to the public health will be immediately
surrendered to the Animal Control Officer or appropriate State Conservation
or Humane Society Official to be housed at an appropriately licensed
facility until permanent resolution can be made.
I.
Penalty.
Violation of any provision of this Section shall be considered a misdemeanor.
[1]
Editor's Note: Ord. No. 2020-3193 also changed the title of
this Section from "Harboring Wild/Non-Domestic Animals" to "Non-Domesticated
Animals."
[Ord. No. 2020-3194, 8-11-2020]
A.
Purpose.
The purpose of this Section is to provide standards for the keeping
of non-traditional domesticated animals within non-agricultural zoning
districts within the City limits. It is intended to enable residents
to keep a small number of non-traditional domestic animals on a non-commercial
basis while creating standards and requirements that ensure that non-traditional
domestic animals do not adversely impact the neighborhood surrounding
the property on which they are kept. No person shall keep non-traditional
domesticated animals unless the following regulations are followed.
B.
Definitions.
Non-traditional domesticated animals include:
1.
Fowl: Any of various birds of the order Galliformes; especially,
the common, widely domesticated chicken, including, but not limited
to, chickens, ducks, turkeys, and other types of fowl.
2.
Miniature or toy varieties of animals derived from agricultural livestock
through selective breeding such as: miniature horses, miniature pigs,
pygmy goats and other similar animals.
3.
Other Animals: This would include non-poisonous snakes, birds kept
indoors, hamsters, mice, rats, rabbits, gerbils, guinea pigs, chinchillas
or lizards, and similar small animals.
C.
Noncommercial Use Only. Non-traditional domesticated animals shall be kept as pets and for personal use only; no person shall sell eggs or engage in breeding or fertilizer production for commercial purposes. The slaughtering of chickens or other animals is expressly prohibited in accordance with Section 210.060 of the Aurora City Code of Ordinances.
D.
Odor
And Noise Impacts. The keeping of non-traditional domesticated animals
authorized under this Section shall not create a nuisance and shall
be conducted in a manner that does not disturb the use of adjacent
properties. Odors from non-traditional animals, manure and feces,
or other animal related substances shall not be perceptible at the
property boundaries. Perceptible noise from non-traditional domesticated
animals shall not be loud enough at the property boundaries to disturb
persons of reasonable sensitivity.
E.
Predators,
Rodents, Insects, And Parasites. The property owner and/or animal
owner shall take all necessary action to reduce the attraction of
predators and rodents and the potential infestation of insects and
parasites. Animals found to be infested with insects and parasites
that may result in unhealthy conditions to human habitation may be
removed by the City, through the Animal Control Officer, or any other
designee, and the cost of the same shall be borne by the property
owner and/or animal owner.
F.
Adequate
Fences And Barriers. It shall be unlawful for any person to keep on
their premises any non-traditional domesticated animal without providing
adequate fences or barriers that will prevent such livestock from
escaping and/or damaging neighboring flowers, trees, shrubbery and/or
other property located on adjacent property.
G.
Disposal
Of Excrement. All manure and other excrement shall be disposed of
in such a manner to prevent it from becoming a public nuisance or
health hazard. With regard to public or private property, other than
the owner's, the owner shall be responsible for the immediate removal
of excrement.
H.
Limitations.
1.
The keeping of non-traditional domesticated animals shall only be
approved on premises or lots that are a single-family dwelling unit
with attached yards.
2.
Chickens And Fowl — Number And Type Of Chickens Allowed.
a.
The maximum number of chickens or fowl allowed is six (6) per lot
developed with a single-family dwelling units.
b.
Only female chickens and fowl are allowed. There is no restriction on chicken or fowl species as described in Subsection (B) of this Section.
c.
This provision shall not apply to areas zoned "A-1," Agricultural
within the incorporated areas of the City of Aurora.
3.
Miniature Or Toy Varieties Of Animals Derived From Agricultural Livestock
Through Selective Breeding — Number And Type Allowed And Rules
Governing Keeping Of Such Animals.
I.
Enclosures.
1.
Non-traditional domesticated animals must be kept in a fenced area
or enclosure at all times. Enclosures must be clean, dry, and odor
free, kept in a neat and sanitary condition, in a manner that will
not disturb the use of neighboring lots due to noise, odor or other
adverse impact.
2.
The free ranging of chickens or fowl is not allowed.
3.
Chickens and fowl shall be secured within a chicken coop during non-daylight
hours.
a.
Chickens and fowl shall be provided with a covered, predator-proof
coop or cage that is well ventilated and designed to be easily accessed
for cleaning. The coop shall allow at least two (2) square feet per
hen. Hens shall have access to an outdoor enclosure that is adequately
fenced to contain the birds on the property and to prevent predators
from access to the birds.
b.
Chicken coops are not allowed to be attached or located in any part
of a dwelling unit. The coops shall be enclosed on all sides and shall
have a roof and doors. The coop must be well maintained.
4.
Miniature non-traditional domesticated animals shall be housed in
a shed or covered enclosure designed to be:
a.
Predator proof;
b.
Thoroughly ventilated;
c.
Easily accessed and cleaned;
d.
A minimum of twelve (12) square feet of interior space; and
e.
Direct access from the shed to an outdoor enclosure shall be provided
with the outdoor enclosure designed to be:
(1)
Secured with a minimum five-foot tall fence;
(2)
A minimum area of four hundred (400) square feet;
(3)
Secured from the outside in a manner that prevents the animals
from escaping;
(4)
Free of objects that would enable the animals, particularly
goats, to climb out of the enclosure; and
(5)
Easily accessed and cleaned.
5.
All non-traditional domesticated animals shall be kept only in the
rear or side yard behind the principle structure of the lot and must
be kept on the property of the owner.
6.
All chicken coops, fenced areas, and enclosures shall not be closer
than twenty (20) feet to any property line.
J.
Conflict
Resolution. Should there be a dispute as to whether an animal is or
should be defined as a non-traditional domesticated animal, that issue
will be brought before the Aurora City Council for a determination.
If deemed a non-traditional domesticated animal by the Aurora City
Council, a permit may be issued by the Animal Control Officer with
City Council approval on a case-by-case basis.
