City of Clayton, MO
St. Louis County
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Table of Contents
Table of Contents

Section 210.180 Definitions

[CC 1970 §4-1; Ord. No. 5797 §1, 11-11-2003]
As used in this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section.
ADEQUATE CARE
Normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and health care as necessary to maintain good health in a specific species of animal.
ADEQUATE CONTROL
To reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal or property.
ANIMAL
Every living vertebrate (mammal) except a human being.
HARBOR
To feed or shelter an animal at the same location for three (3) or more consecutive days.
LIVESTOCK
An animal raised on a farm or ranch and primarily used or intended for use in production operations as food or fiber or for commercial gain.
OWNER
In addition to its ordinary meaning, any person who keeps or harbors an animal or professes to be owning, keeping, or harboring an animal.
PERSON
Any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity.
PESTS
Birds, rabbits or rodents which damage property or have an adverse effect on the public health, but shall not include any endangered species listed by the United States Department of the Interior nor any endangered species listed in the Wildlife Code of Missouri.
PET
An animal that is kept for pleasure rather than utility.

Section 210.190 Animal Abuse [1]

A. 
A person is guilty of animal abuse when a person:
1. 
Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of Sections 578.005 to 578.023 and 273.030, RSMo.;
2. 
Purposely or intentionally causes injury or suffering to an animal; or
3. 
Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.
[1]
Note—Under certain circumstances this offense can be a felony under state law.

Section 210.200 Animal Neglect and Abandonment

[CC 1970 §4-3; Ord. No. 5797 §1, 11-11-2003]
A. 
A person is guilty of animal neglect when he/she has custody or ownership or both of an animal and fails to provide adequate care or adequate control which results in substantial harm to the animal.
B. 
A person is guilty of animal abandonment when he/she knowingly abandons an animal in any place without making provisions for its adequate care.
C. 
Punishment for a first (1st) conviction for animal neglect or abandonment is by imprisonment for up to fifteen (15) days or a fine not to exceed five hundred dollars ($500.00) or both. A second (2nd) or subsequent conviction shall be punishable by imprisonment for a term not to exceed ninety (90) days or a fine not to exceed one thousand dollars ($1,000.00) or both. All fines and penalties for a first (1st) conviction of animal neglect or abandonment may be waived by the court provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned animals may not be waived.
D. 
In addition to any other penalty imposed by this Section, the court may order a person found guilty of animal neglect or abandonment to pay all reasonable costs and expenses necessary for:
1. 
The care and maintenance of neglected or abandoned animals within the person's custody or ownership;
2. 
The disposal of any dead or diseased animals within the person's custody or ownership;
3. 
The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and
4. 
The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.
E. 
The parent or guardian of a minor child is responsible for the adequate care of any animal owned by or in the control of or harbored by that minor child.

Section 210.210 Impoundment of Abused/Neglected Animals

[CC 1970 §4-4; Ord. No. 5797 §1, 11-11-2003]
A. 
Any duly authorized public health official, law enforcement official or Animal Control Officer may impound any animal found outside of the owned or rented property of the owner or custodian of such animal when such animal shows evidence of neglect or abuse. Any animal impounded pursuant to this Section shall be:
1. 
If the owner can be ascertained and the animal is not diseased or disabled beyond recovery for any useful purpose, held for recovery by the owner. The owner shall be notified within five (5) business days of impoundment by phone or by mail of the animal's location and recovery procedures. The animal shall be held ten (10) business days. An animal unclaimed after ten (10) business days may be put up for adoption or humanely killed;
2. 
Placed in the care or custody of a veterinarian or the appropriate animal control authority of an animal shelter. The animal shall not be disposed of, unless diseased or disabled beyond recovery for any useful purpose, until after expiration of a minimum of five (5) business days, during which time the public shall have clear access to inspect the animal through time periods ordinarily accepted as usual business hours. After five (5) business days, the animal may be put up for adoption or humanely killed; or
3. 
If diseased or disabled beyond recovery for any useful purpose as determined by a public health official, law enforcement official, veterinarian or Animal Control Officer, humanely killed.
4. 
The owner or custodian of an animal impounded pursuant to this Section shall be liable for reasonable costs for the care and maintenance of the animal. Any person incurring reasonable costs for the care and maintenance of such animal shall have a lien against such animal until the reasonable costs have been paid and may be put up for adoption or humanely kill any animal if such costs are not paid within ten (10) days after demand. Any monies received for an animal adopted pursuant to this Subsection in excess of costs shall be paid to the owner of such animal.
5. 
The owner or custodian of any animal killed pursuant to this Section shall be entitled to recover the actual value of the animal up to but not to exceed six hundred dollars ($600.00) if the owner or custodian shows that such killing was unwarranted.

Section 210.220 Warrant To Enter Private Property

[CC 1970 §4-5; Ord. No. 5797 §1, 11-11-2003]
A. 
Any duly authorized public health official or law enforcement official may seek a warrant from the appropriate court to enable him/her to enter private property in order to inspect, care for or impound neglected or abused animals. All requests for such warrants shall be accompanied by an affidavit stating the probable cause to believe a violation of this Article Section has occurred. A person under the authority of a warrant shall:
1. 
Be given a disposition hearing before the court through which the warrant was issued within thirty (30) days of the filing of the request for the purpose of granting immediate disposition of the animals impounded.
2. 
Place impounded animals in the care or custody of a veterinarian, the appropriate animal control authority or an animal shelter. If an appropriate veterinarian, animal control authority or animal shelter is not available, the animal shall not be impounded unless it is diseased or disabled beyond recovery for any useful purpose.
3. 
Humanely kill any animal impounded if it is determined by a licensed veterinarian that the animal is diseased or disabled beyond recovery for any useful purpose.
4. 
Not be liable for any necessary damage to property while acting under such warrant.
5. 
The owner or custodian or any person claiming an interest in any animal that has been impounded because of neglect or abuse may prevent disposition of the animal by posting bond or security in an amount sufficient to provide for the animal's care and keeping for at least thirty (30) days, inclusive of the date on which the animal was taken into custody. Notwithstanding the fact that bond may be posted pursuant to this Subsection, the authority having custody of the animal may humanely dispose of the animal at the end of the time for which expenses are covered by the bond or security, unless there is a court order prohibiting such disposition. Such order shall provide for a bond or other security in the amount necessary to protect the authority having custody of the animal from any cost of the care, keeping or disposal of the animal. The authority taking custody of an animal shall give notice of the provisions of this Section by posting a copy of this Section at the place where the animal was taken into custody or by delivering it to a person residing on the property.
6. 
The owner or custodian of any animal humanely killed pursuant to this Section shall not be entitled to recover any damages related to nor the actual value of the animal if the animal was found by a licensed veterinarian to be diseased or disabled or if the owner or custodian failed to post bond or security of the care, keeping and disposition of the animal after being notified of impoundment.
B. 
If a person is adjudicated guilty of the crime of animal neglect or animal abuse and the court having jurisdiction is satisfied that an animal owned or controlled by such person would in the future be subject to such neglect or abuse, such animal shall not be returned to or allowed to remain with such person, but its disposition shall be determined by the court.

Section 210.230 Molesting or Disturbing Wild Birds — Abatement of Nuisance Condition

[CC 1970 §4-6; Ord. No. 5797 §1, 11-11-2003]
It shall be unlawful for any person to molest, injure or disturb any wild birds, ducks or geese or the nests, young or brood of any such wild fowl; provided however, in circumstances where such birds, ducks or geese, because of the concentration in number or for other reasons, create a nuisance or threat to the public health, the Police Department and/or the Health Department may, consistent with prevailing State and Federal law, take such actions necessary to mitigate the situation.

Section 210.240 Possession of Large Cats or Other Predatory and Dangerous Animals

No person may keep 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.

Section 210.250 Possession of Livestock — Maintaining A Stable, Pig Sty, Barn, Corral or Other Animal Pen

[CC 1970 §4-8; Ord. No. 5797 §1, 11-11-2003]
A. 
It shall be unlawful for a person to keep any cattle, horses, goats, mules, sheep, pigs or other types of livestock except in conjunction with a farming operation or riding stable. No stable, pig sty, barn, corral or other animal pen where such livestock are boarded or confined shall be closer than fifty (50) feet to any property line. In no case shall a horse, pony or other type of livestock be kept on a lot of less than three (3) acres. However, nothing in this Section shall be construed as to preclude the transport of livestock through the City, the use of livestock in a parade or exhibition, as a temporary scientific or teaching display or other officially sanctioned reason.
B. 
Every person having charge or control of any stable, shed or pen or any yard shall be responsible for the cleanliness of the facility or site. All manure, fecal accumulations and liquid discharges in any pen, cage, stable, corral, yard, barn, etc., shall be removed and disposed of in such a manner as to prevent the breeding of flies and creation of offensive, disagreeable or noxious odors or other nuisance conditions. Further, nothing in this Section shall be construed so as to prevent the use of manure deposits upon any private property to enhance the cultivation of such property.

Section 210.260 Possession of Domestic Fowl

[CC 1970 §4-9; Ord. No. 5797 §1, 11-11-2003; Ord. No. 6291 §1, 9-24-2013; Ord. No. 6394 §1, 10-13-2015]
A. 
Limitations On Keeping Domestic Fowl. It shall be unlawful for a person, other than a veterinary hospital or pet shop, to keep domestic geese, ducks, chickens or turkeys ("domestic fowl") within the City for commercial or resale purposes. It shall be unlawful for a person to keep more than ten (10) domestic fowl as pets or for domestic egg production. No crowing hens or adult male chickens may be kept. Domestic fowl kept as pets or for domestic egg production must be adequately confined within the private property boundaries of the owner's yard sufficient to prevent their escape. Any person desiring to keep domestic fowl may do so only upon obtaining a permit for same from the City.
B. 
Permit Required. No person may keep upon his/her premises any domestic fowl except as provided in this Section.
1. 
Any person desiring to keep any domestic fowl within the City shall file with the City's Planning and Development Services Department a written application for a permit, accompanied by a non-refundable application fee in the amount of fifty dollars ($50.00).
2. 
Permits granted under this Section may not be transferred to a new owner.
3. 
Approval of the permit will be granted upon successful completion of an inspection(s). If multiple inspections are required, an additional fee of thirty-five dollars ($35.00) per inspection shall be charged. Each permit shall be for a term of three (3) years from the date thereof, unless sooner revoked as provided herein. A successive permit for an additional period of three (3) years may be issued through the same procedures for an initial application.
4. 
Notwithstanding any provision herein to the contrary, each property harboring domestic fowl which exists before the effective date of this Section on September 24, 2013, shall comply with the provisions of this Section and obtain a permit within one hundred twenty (120) days after the effective date of this Section. Existing permit holders shall comply with amendments to this Section within sixty (60) days of the effective date (October 13, 2015) of the amendment(s) with the following exception:
a. 
Pursuant to Section 210.260(A), any existing permit holder who houses more than ten (10) domestic fowl on their property may keep the same number of fowl, but may not replace any fowl that expires or that is otherwise permanently removed from their property, until the limit of ten (10) is reached.
C. 
Permit Criteria And Performance Standards. A permit may be issued if all of the following conditions are satisfied:
1. 
Domestic fowl may be kept for purely domestic purposes only. No animals or eggs may be sold to any person not a resident of the premises where kept.
2. 
The domestic fowl shall be safely and securely confined within an enclosed area containing a coop. The coop must have a hard roof, and the coop and enclosed area must be completely secured from predators. No more than one (1) coop is allowed per permitted parcel. The domestic fowl shall not be permitted to run at large in or upon the public streets, open lots or private properties of the City, other than that of the owner.
3. 
The appearance of the coop and enclosure, and the materials used to construct the coop and enclosure shall resemble backyard coops which are sold in the commercial marketplace. The coop and enclosed area shall appear professional in design and workmanship. It shall be constructed with proportional dimensions. Plastic tarp roofs, junk and materials not commercially used for coops and enclosures are not allowed.
4. 
The coop and enclosed area shall be maintained in a ventilated, clean, safe and sanitary condition containing adequate space for humane treatment. The coop and enclosed areas shall be maintained in good repair and free of noxious odors.
5. 
The coop and enclosed area shall be designed and maintained at all times to effectively prohibit accessibility by predators.
6. 
Coops and enclosed areas shall be located only in the rear yard. Coops and the material establishing the boundaries of the enclosed areas shall meet all rear and side yard setback requirements for accessory structures in accordance with the zoning district in which the property is located. Coops and enclosed areas shall not be visible from adjoining properties at ground level or from any street, public or private, through the proper use of fencing, walls, berms, or densely planted vegetation, or any combination thereof.
a. 
If vegetation is used, it shall be planted in a designated buffer strip at least three (3) feet in width along the side and rear property lines, and across the side yards to obscure visibility from the street. Said area shall be so designed and planted as to be one hundred percent (100%) opaque when viewed horizontally by a person standing at ground level, at a height no less than six (6) feet from ground level, at the time of planting. Existing vegetation, alone or in combination with a fence or wall, that achieves the vegetative opacity and minimum height requirements set forth herein, may be approved by the Planning Director in lieu of the minimum buffer width standards.
b. 
An opaque fence or wall no less than six (6) feet in height, surrounding the rear yard, may also serve to create an enclosed area for domestic fowl. Fence and wall construction shall meet all standards pursuant to the City's fence standards and shall be permitted separately. Fences and walls used in this manner may be located on the property line.
7. 
Any manure or waste shall be collected and properly removed from the premises or tilled into the soil on the premises promptly and regularly to prevent offensive smells or conditions conducive to disease.
8. 
Food for domestic fowl shall be stored in a container which is kept dry and sanitary and in a rodent-, insect- and leak-proof condition at all times.
9. 
No person shall keep domestic fowl in a manner so as to create a nuisance as defined in Chapter 220, Nuisances, of the City Code.
10. 
The keeping of domestic fowl pursuant to a permit issued under this Section shall comply with all ordinances of the City.
11. 
By applying for a permit under this Section, the property owner authorizes City officials, at all reasonable times and in a reasonable manner, to enter upon and inspect the property with respect to which the permit is applied for to determine whether the keeping of domestic fowl violates this Section or any other applicable ordinances.
D. 
Revocation Of Permits To Keep Domestic Fowl.
1. 
In addition to any other penalty provided by law for violation of this Section or any other provision of this Code of Ordinances, if the holder of a permit allows any nuisance or unsanitary condition to exist upon the premises, or any violation of this Section, any of the conditions or performance standards provided herein, or other applicable laws, to exist after notice of violation from the City, then such permit for domestic fowl may be disciplined or revoked after hearing, upon determination by the City Manager or designee that such domestic fowl is being maintained in an unsanitary condition, or in violation of this Section, any of the conditions or performance standards provided herein, or other applicable laws. All domestic fowl must be disposed of or removed from the City no more than ten (10) days following receipt of notice of revocation after hearing from the City.
2. 
Any applicant or permit holder aggrieved by a decision of, (a) the Planning and Development Services Department in regard to issuance of a permit, or (b) the City Manager or designee in regard to discipline or revocation of a permit may appeal the decision to the City Manager within five (5) business days of said decision by filing a written request for reconsideration and appeal setting forth in a thorough and concise manner the decision being appealed and all grounds known to the appellant as to wherein and why the decision is allegedly in error. The City Manager may consider the appeal on the record of the prior decision or may, at the Manager's sole discretion, receive additional evidence in such manner as deemed appropriate in light of the circumstances.

Section 210.270 Dogs, Fighting, Training To Fight or Injuring For Amusement or Gain, Penalty — Spectator, Penalty

A. 
Any person who:
1. 
Owns, possesses, keeps, or trains any dog, with the intent that such dog shall be engaged in an exhibition of fighting with another dog;
2. 
For amusement or gain, causes any dog to fight with another dog, or causes any dogs to injure each other; or
3. 
Permits any act as described in Subparagraphs (1) or (2) of this Subsection to be done on any premises under his/her charge or control, or aids or abets any such act is guilty of an ordinance violation.
B. 
Any person who 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 Subparagraph (2) of Subsection (A) of this Section, with the intent to be present at such exhibition, fighting, or injuring is guilty of an ordinance violation.
C. 
Nothing in this Section shall be construed to prohibit:
1. 
The use of dogs in the management of livestock by the owner of such livestock or his/her employees or agents or other persons in lawful custody of such livestock;
2. 
The use of dogs in hunting; or
3. 
The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law.

Section 210.275 Bullbaiting and Cockfighting — Penalty

Any person who shall keep or use, or in any way be connected with or interested in the management of, or shall 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, and any person who shall encourage, aid or assist or be present thereat, or who shall permit or suffer any place belonging to him/her or under his/her control to be so kept or used, shall, on conviction thereof, be guilty of a class A misdemeanor.

Section 210.280 Animals Running At Large

[CC 1970 §4-11; Ord. No. 5797 §1, 11-11-2003; Ord. No. 5903 §1, 10-11-2005]
A. 
It shall be unlawful for the owner or keeper of any livestock, dog or other domestic animal, except cats, to run at large within the City.
B. 
Every female dog, cat or other animal in heat shall be confined in a building or secure enclosure in such a manner that such female cannot come into contact with another animal except for a planned breeding.
C. 
These restraints do not apply to animals while being used for lawful hunting, field trials, water retrieving, dog shows, tracking or search and rescue in conjunction with official local, State or Federal law enforcement activities or the Armed Forces of the United States.

Section 210.290 Exemptions To Sections 210.180 Through 210.280

[CC 1970 §4-12; Ord. No. 5797 §1, 11-11-2003]
A. 
In accordance with Section 578.007, RSMo., the various provisions of this Article shall not apply to:
1. 
Care or treatment performed by a licensed veterinarian within the provisions of Chapter 340, RSMo.;
2. 
Bona fide scientific experiments;
3. 
Hunting, fishing or trapping as allowed by Chapter 252, RSMo., including all practices and privileges as allowed under the Missouri Wildlife Code;
4. 
Facilities and publicly funded zoological parks currently in compliance with the Federal "Animal Welfare Act" as amended;
5. 
Rodeo practices currently accepted by the Professional Rodeo Cowboys Association;
6. 
The lawful, humane killing of an animal by the owner thereof, the agent of such owner or by a veterinarian at the request of the owner thereof;
7. 
The lawful, humane killing of an animal by an Animal Control Officer, the operator of an animal shelter, veterinarian or law enforcement or health official;
8. 
With respect to farm animals, normal or accepted practices of animal husbandry;
9. 
The killing of an animal by any person at any time if such animal is outside of the owned or rented property of the owner or custodian of such animal and the animal is injuring any person or farm animal, but shall not include Police or guard dogs while working;
10. 
The killing of house or garden pests;
11. 
Field trials, training and hunting practices as accepted by the Professional Houndsmen of Missouri.

Section 210.300 Prohibition of Animals At Special Events

[CC 1970 §4-13; Ord. No. 5797 §1, 11-11-2003]
A. 
The entry of animals to any special event held within the jurisdictional limits of the City where, in the judgment of the Chief of Police, the entry of such animal or animals poses a hazard to public safety or health is hereby prohibited.
B. 
Support dogs, such as Seeing Eye dogs, assist dogs for the hearing impaired, Police dogs and other specially trained assist or performing animals shall be exempt from the provisions contained in Subsection (A).
C. 
The event(s) where animals are to be prohibited shall be clearly posted as such, with appropriate signage placed at each entrance or adequately spaced around the event's perimeter.
D. 
Any person who shall be convicted of a violation of the provisions of this Section shall be deemed guilty of a misdemeanor.
E. 
As used in this Section, the term "special event" shall mean a specified or designated public occurrence, affair or event at which more than two hundred (200) persons are reasonably expected by the organizer or sponsor thereof to be in attendance.

Section 210.310 Removing Fecal Matter

[Ord. No. 5879 §1(4-15), 5-24-2005]
A. 
It shall be unlawful for the owner or handler of any animal to fail to remove fecal matter deposited by his/her animal on public property or public easement or private property of another, before the owner leaves the immediate area where the fecal matter was deposited.
B. 
It shall be unlawful for an owner to allow the accumulation of animal feces or manure in any open area, run, cage or yard wherein animals are kept and to fail to remove or dispose of feces or manure at least once every twenty-four (24) hours.

Section 210.320 Possession of Removal Equipment

[Ord. No. 5879 §1(4-16), 5-24-2005]
It shall be unlawful for the owner or handler of any animal to fail to have in their possession the equipment necessary to remove their animal's fecal matter when accompanied by said animal on public property or public easement or private property of another.

Section 210.330 Violation and Penalties For Sections 210.310 and 210.320

[Ord. No. 5879 §1(4-17), 5-24-2005]
A. 
Any person found guilty of violating Sections 210.310 or 210.320 shall be guilty of a misdemeanor and upon conviction shall be punished:
1. 
By a fine of not less than twenty dollars ($20.00) nor more than fifty dollars ($50.00) for the first (1st) offense; or
2. 
For the second (2nd) and subsequent offenses occurring within one (1) year, a fine of not less than thirty dollars ($30.00) nor more than one hundred dollars ($100.00).
3. 
The minimum fines provided for by this Section are mandatory minimums and shall not be suspended or deferred except in cases in which the court determines that the defendant is indigent and unable to pay any fine.